Smart PCN - Wrong Reg - appealed - refused - Haven Banks Retail Park, Exeter

[jaycee44]

Hi,  

An elderly friend has received a parking charge notice from Smart Parking after parking at Haven Banks Retail Park, Exeter(date of contravention 04/05/22) .

 

On looking at it it appears he started to enter his registration - entered the first 3 letters and then for some reason entered the whole registration after that (ie 3 extra letters in the front). It is still very clear that it is his registration.  

 

He wanted to pay it straight away but my understanding is that the rules changed in January 2020 for this sort of mistake and that at the first appeal the notice has to be dropped or reduced depending on how big the mistake.  

 

I offered to draft an appeal letter for him which he signed and I posted off.  

 

I am kicking myself now as I really should have sent it by recorded delivery (I’m sure they will probably say they haven’t received it!).  

I have however now taken a second look at the Parking Charge Notice sent by them and I see that they have dated it 19/05/22.

 

 As this is 15 days after the contravention and my friend would not have received it for a couple of days after this am I right in thinking that the 14 day rule has been broken by them?  

 

Surely this notice should have been dated within the 14 days?. 

[FTMDave]

You're right about the 14 days.  But what does that mean?

 

It means they cannot use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability from the driver to the keeper.  But that will be irrelevant if he has outed himself as the driver in his appeal.

 

We need to see the PCN and what was written in the appeal.

[jaycee44]

Sorry to ask this ( I’m new to this - can write a letter but not good with the techie stuff) but if I send these copies will they be on public display? I need to protect his  privacy.

[FTMDave]

Yes, they will be on public display.

 

But if you click on upload the guide will tell you how to redact all his personal details.

 

We don't allow personal details on the site.

[jaycee44]

saved and replaced docx with pdf. (BN)

parking ticket.pdf

[jaycee44]

This is a copy of the appeal letter sent to Smart Parking.  Still trying to sort out how to sent copy of PCN

[dx100uk]

use pdf 

follow upload

i've hidden you docx file as it has all your pers details in file info/properties

 

put everything on one mass PDF please

both side of the PCN/NTK too please

 

dx

 

[FTMDave]

I've had to hide one of your posts.  The upload guide explains how to upload in PDF only.  Personal details are easily seen in DOCX and your name was showing.

 

There is some wriggle room, but I think realistically writing "my parking ticket" means your friend has been outed as the driver and any POFA/"14 day" protection has been thrown away.

 

Better news is that I have just looked through pages and pages of Smart Parking cases we have on the forum and, for all their bluster, in not one have Smart Parking ever done court.

 

Even better news, the PPcs in general don't do court in "wrong registration" cases now because the few times they have the judge has given them a thrashing.

 

Therefore your friend has nothing to worry about.

 

However, don't expect Smart to be reasonable and to accept the appeal, and don't expect their demands for money to stop overnight.

[jaycee44]

Many thanks for your help anyway.  It looks as if my trying to help my friend by writing hasn’t actually helped but I take your comments about Smart Parking on board and realise that they wont give up easily.

Edited May 28, 2022 by jaycee44

[FTMDave]

Don't beat yourself up!  Every single one of us on CAG have made mistakes in legal disputes.  The important thing is to learn from the experience for the future and not repeat said mistakes. 

 

Smart will huff & puff but in the end will do nothing.

[brassnecked]

Have replaced docx with PDF in post #5

 

However they are on a hiding to nothing with the new Code of Practiuce if they were silly enough to try court, no loss to sue on, and wrong VRN a trifle, he can expect some threatening letters from paper tigers that like Macbeth's soliloquy in the Scottish Play are tales told by an idiot full of sound and fury signifying nothing

[Homer67]

@brassnecked

 

In my 60ish years on this planet that is the first time I have ever heard a Shakespearian reference made relevant to modern life, I salute you sir!

 

Now when I think back to all those wasted hours struggling with 'the bard who never says what he means' in order to gain an English Lit O level, it was still not worth it all