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2nd sons Smart/CST ANPR PCN now PAPLOC - insufficient Paid Time - Appeal refused - Saunton Sands Hotel Parking


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My second son (not the 3rd one we have helped in the past!) was having a stag do and parked at the Saunton Sands hotel for roughly 2 hours to get to the beach.

 

 They went through the hotel but have no proof of any purchase, even though they argued this in their appeal.  

The appeal was rejected and then he went to Zimbabwe for a period of time as he has been suffering from severe anxiety.  

He needed to come home and be treated.  

He arrived back in the UK 10 days ago and received a "Letter Before Claim" from CST Law on 11th May 2022.

 

The total outstanding is £170.

 Can you make any recommendations?

 

Smart Parking Charge Notice was dated 3 July 2021

Location:  Saunton Sands Hotel, Braunton

 

The Parking Charge Notice:

 

"Smart Parking Ltd have the right to seek payment of the parking charge for unauthorised parking of the vehicle on the land on the relevant date as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner.

 

A Parking Charge Notice (PCN) is payable with respect to the vehicle registration mark ...... for the alleged breach of advertised terms and conditions within Saunton Sands Hotel, Braunton on 3/7/21.

 

The signage, which is clearly displayed at he entrance to and throughout the car park, states that this is private land and the car park is managed by Smart Parking Ltd.

 

A Parking charge Notice of £100 is now due for payment and must b e paid before the end of the 28 days from with the date of the notice.  If the parking charge notice is paid before 28 Jul 2021the amount of the parking charge notice will be reduced to £60.  If you were not the driver of the vehicle and you wish to provide the driver details, lodge a dispute appeal or query this must be made on line or in writing.  Please follow the instructions overleaf.

 

Following the landmark Supreme Court ruling of Parking Eye v Beavis, it has now been established that a Parking Charge Notice issued on Private Land is enforceable.  The Court rejected claims that such charges are extravagant, exorbitant or unconscionable and advised that such charges Acta necessary deterrent of breach of contract.  

 

A full copy of the Supreme Court Judgement can be found on line at https://wwwlsupremecourt.uk/cases/docs/uksc-2013-0280-judgement.pdf.  If you feel you have sufficient grounds to appeal this notice you will find full details of the appeals process overleaf.  If you pay the PCN you are therefore accepting full liability for the charge, and are no longer eligible to appeal this notice.

Yours 

Smart Parking Limited

 

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Well it's snotty letter time once again. 

If your son still has the original PCN could you please post it up here and if you have a copy of the appeal and the rejection that could be help too. 

At least you are not fighting a CCJ this time and you know that these crooks can be beaten.

 

Could you please complete the questions below  and the PCN would be a great help.

 

 

  Have you received a Parking Ticket?

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Yes if you follow the usual packdrill the best way of tackling it can be soreted

We could do with some help from you.

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Hi All

Sadly I don't feel like an expert yet, but I should be!!!

I will certainly post everything - original Parking Charge letter etc and answer as many questions as we can, when my son gets back from the weekend.  In the meantime I will upload the Debt Recovery Plus Letter - we have received a couple of these.   

 

DR+ letter.pdf

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Does he have the original PCN?  if so as per LFI post it up as pdf, is he the keeper, and what did he put in the original appeal.  Might be worth giving his Zim address as that for contact, if he's only in UK temporarily, as in the snotty letter gives the Zim address for correspondence and court claims

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Will do as soon as i can - on it but just not near the paper work and forgot to copy it - monday earliest

 

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No problem Zimbird do it as soon as you can.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Dear All

Here is the original parking charge notice, Letter Before Claim and correspondence from Smart Parking after the initial appeal, which we cannot find.

My son has been in Zimbabwe since November last year, only arrived back here in May 2022. Do u think we write to Smart Parking and CST Law and just say he is no longer living in UK and has rented out his house and is in the process of relocating to Zimbabwe. We could get it posted from Zimbabwe again!

 

 

 

PCN+APPEAL+PAPLOC.pdf

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Sadly i am not staying with my son anymore and i left the email he sent behind by mistake - i am on the road now.

 

But i can try and upload the letter of claim and the parking charge notice later when i arrive in Wales.

 

I can black out the bar codes but i can’t see any other personal details visible

- or should i black out the details again

- can u see through the marker pen?

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  • dx100uk changed the title to 2nd sons Smart/CST ANPR PCN now PAPLOC - insufficient Paid Time - Appeal refused - Saunton Sands Hotel Parking
  • dx100uk changed the title to 2nd sons Smart/CST ANPR PCN now PAPLOC -Appeal refused - Saunton Sands Hotel Parking

pdf's sorted 

post unhidden.

 

what a stupid appeal...:pound:

 

but atleast he did not out himself as the driver...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank u so much dx100uk for that - v. kind!

What do u suggest we do? Looks like it is not going to go away. 

I do not know what he said in his first appeal re. being the driver - it was on line and he couldn’t find a copy. The car is no longer his - he only had it for a couple of years. Never bought it.

He has been out in Zimbabwe from mid November 2021 to Feb 2022 and then came back March 2022 to mid May - which is why it has progressed this far.  His passport will prove that. Hope this helps?

 

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On 04/06/2022 at 12:01, Zimbird said:

Do u think we write to Smart Parking and CST Law and just say he is no longer living in UK and has rented out his house and is in the process of relocating to Zimbabwe. We could get it posted from Zimbabwe again

Well, Zimbabwe has been your trump card so far!

 

Does he have the same sort of connection to Zimbabwe that you do?  Could he get away with claiming to live there?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Agreed let’s try this!  He has been there in Zimbabwe for the last 8 months and is renting his house and travelling - so it is worth a letter to both Smart parking and CST Law (see below)

 

Smart Parking Ltd Unit

43 Elmdon Trading Estate

Bickenhill Lane

Marston Green

Birmingham B37 7HE

 

13th June 2022

 

TO WHOM IT MAY CONCERN

 

 RE: xxxxxxxxcc

Saunton Sands Hotel, Braunton

Vehicle Registration xxxxxcc

Incident Date:  3/7/21

 

Please note the car with Registration xxxxxx is no longer in my possession.  I handed it back in November 2021 when I left the country.

 

I no longer live at, xxxxxxxx.  In November 2021 I moved back to Zimbabwe and am now living at:

xxxxxxxx, Harare, Zimbabwe.   Please only contact me at my Zimbabwe address, where I have been living for the last 8 months.

 

It has taken months for me to receive correspondence from you as a tenant forwarded your correspondence but that tenant is no longer living there.

 

I do not intend to pay your charge as you are already charging over the new code of practice issued by parliament, which states you can charge £100 only otherwise any amount over that is considered a “rip off”.  You are supposed to observe the law according to your agreement with BPA, furthermore it is likely you have not applied for planning permission which is also defined in the new CoP.

 

I suggest you drop this unnecessary case.

 

Please note that any letters addressed to xxxxxxxx will no doubt be binned.  If you want to continue to pursue this case, then you will have to contact me at my address in Zimbabwe, but I warn you letters do take a rather lengthy time on occasion.

 

I look forward to hearing eventually.

 

Yours sincerely

xxxxx

Cc  CST Law

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Thank  you for posting up the PCN and the LOC. The wording of the PCN is very important and I cannot read it. Could you please pot up the PCN front and back so that it can be read.

The LOC is uploaded well and every word can be read. Could you please do the same with the PCN.

I have to agree with DX that it was probably better not to have appealed at all rather than send them a note that virtually points out that he was the driver and that he said nothing that would give  Smart any reason to cancel the pcn.

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Looks damn good to me. 

 

Maybe I'm being paranoid but personally I'd change -

 

It has taken months for me to receive correspondence from you as a tenant forwarded your correspondence but that tenant is no longer living there.

 

to

 

it has taken months for me to receive correspondence from you as the new occupant forwarded your correspondence.

 

Yes, I know you have written similar before and had no problems but using the word "tenant" suggests still having a connection to the property and to me it's better to cut out anything at all that could give Smart an excuse to continue to write to the English address.

 

If possible add at the end -

 

I am sending this by both e-mail and normal post.

 

If possible get your hubby to both e-mail them from a .ZW domain (that way they get a reply within their silly 30-day limit) and also to send the letters (so it turns up with a convincing Zimbabwe stamp on).

 

Good idea of yours to send everything both to Smart and to CST Law.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Yes agree with FTMDave regarding edit, anything that implies a current connection is problematic. and deffo any email from a Zim email address with a Zim Domain on.  so [email protected]

 

  Maybe even set one up specially for that purpose only, that way any main email doesn't get spammed by them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thank you for posting up the PCN. If that is all there is to it then it is not compliant with PoFA which means that the driver only is responsible for the debt and it cannot be transferred over to the keeper. The reason it is not compliant is that there should be a warning along the lines that if the debt is still unpaid after 28 days, Smart doo have the right to pursue the keeper.

 

In addition the PCN is supposed to confirm that Smart is the Creditor. So another reason for the PCN to be non compliant.

 

if the keeper has not revealed who the driver was it makes it more difficult for Smart to win. It's very strange they know that their T&Cs have been breached but don't seem to know why.. They know how much was paid they know how long the car was there but do not know whether not enough was paid, or  the car was there longer than the time permitted. If they don't know that it would be a bit much to expect to win when they also do not know whether it is the driver or the keeper they are pursuing.

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Lookinforinfo 

do u think my letter is good to go with the changes suggested by FTMDave or is there anything u think i should add?

Will get sent tomorrow - thanks for analysing the pcn - very interesting - i do not know how u got all that info - a true expert!

We are grateful for your help.

 

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