Smart ANPR PCN - Angouleme Way, retail park, Bury ***Cancelled by Smart***

[Dizzy21]

1.Date of the infringement 15th June 2021

2.Date on the NTK [this must have been received within 14 days from the 'offence' date] 28th June 2021

3. Date received 1 July 2021 (I think)

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] No

Have you had a response? [Y/N?] post it up N/a

7 Who is the parking company? Smart Parking Ltd

8. Where exactly [carpark name and town] Angouleme Way, Retail Park Bury 

9. There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE. Think it’s BPA

For either option, does it say which appeals body they operate under. Independent Adjudication Service (POPLA)

Hi folks

- seeking help for my elderly parents on what appears to have been a nightmare trip.

 

Started a separate thread to my gateway house PCN thread FOR CLARITY.

 

Parents are late 70's/80's.

Parked at retail park and displayed blue badge which entitled them to 45 mins free parking without ticket.

Arrived 14:39:57 Exited 15:35:30

 

Shopped at TK.Maxx but didn't keep receipts.

Slight medical emergency but nothing other than each other to collaborate and historical medical records might confirm.

 

They are worried about ignoring and want to consider appealing.

I know that is not best course of action from my own situation. 

 

From reading previous threads  - could they appeal on 14 day notice to registered keeper rule :

Supposed Contravention 15/6/21.

Date of letter 28/6/21 which would suggest 13 days but wasn't received in the post until 1st July 2021 which is in excess of 16 days?

 

They want to appeal on medical grounds which was there reason for their 10/12 min overstay as they had to find toilet and not the quickest movers.

Any advice greatly received

PCN 150621.pdf

[FTMDave]

Thanks for making a separate thread.

 

The problem, Dizzy, as you know, is that any reputable company would immediately cancel this invoice.  But Smart are a vile, money-grabbing bunch of spivs.

 

Appealing would only make things worse.  Smart never, ever, ever accept they are wrong - ever.  The two reasons you suggested to appeal should of course be valid, but ex-clampers are only interested in £££££ and would only insist the invoice was issued correctly.

 

Good news!  No judge would find against your parents for a 12-minute overstay given they are elderly, and during COVID restrictions.

 

No way is the planning permission for the site only 45 minutes! 

 

But I'm afraid you have to explain to them that they are in it for the long haul.

[dx100uk]

unsmart parking always make mistakes in their paperwork.

 

please also fill out our Q&A sticky as in the other thread too..

[Dizzy21]

Thanks so much for coming back so quickly. Can I just check the Q&A thread- Inthought I’d included on page 1 of the PDF. Is there an additional q&a?

thanks again for all your help - I’m slowly educating myself!

[dx100uk]

added as text to post 1 

didnt check the pdf...

 

[Homer67]

Aren't they out of time for keeper liability?

 

13 days from 'offence' to issue and received on day 15?

[Dizzy21]

Homer67,

Is this fact important and what if the keeper was the driver would that then negate any possible defence?

 

Sorry if these are simple questions, as been reading as many posts as I can to get up to speed but still a bit wet behind the ears.

 

I also thought of contacting Smart park to request a release of all subject data information they hold using Data protection laws to obtain.

 

I also found an article in the local press re planning permission for signage

- although it referred to Parking eye and not Smart Park but not sure how to check if planning permission was obtained

 

Any information that anyone can supply would be much appreciated.

 

Thanks All

[dx100uk]

but they don't know who was driving and you NEVER tell them.

no good in sending an SAR no. they will have to disclose all relevant paperwork if they were to do court.

 

as for planning...there will be a planning portal part on the relevent council's website 

go there.

[Dizzy21]

tHANKS AGAIN FOR ALL YOUR HELP

[lookinforinfo]

Yes the PCN was sent out of time. Two working days are allowed for delivery so the expected day of delivery would have been 30th May so a day late. This means that the keeper is not liable for the debt if the driver is unknown.

 

The crooks at Smart will automatically assume that the driver and keeper are the same person.  Sometimes this will be the case but from the Court's point of view it is not an automatic assumption and of course any number of other people apart from the keeper could be listed as named drivers on your parents insurance. On top of that anyone with insurance could drive the car on a third party liability basis.

[Dizzy21]

Hi All,

Just to let you know - they have cancelled this parking charge. Thanks for all the advice

Dizzy

[honeybee13]

Hi. That sounds great. Have you had written confirmation that the charge has been cancelled?

 

HB

[Dizzy21]

Yes - received in an email this week - .

 

Thank you for your recent communication.
I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.
If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,

Smart Parking Ltd

[FTMDave]

That's incredible that you got Smart to back down - well done! 

[dx100uk]

what did you send them?

could be useful to others here or in the future....

 

dx

 

[FTMDave]

Yes, we have a new user, again with Smart, again with this very same car park..  Any info would be very welcome.