Smart/CST ANPR PCN PAPLOC- Ystwyth retail park Aberystwyth

[fredsed]

 

1 Date of the infringement  15/11/2022

2 Date on the NTK [this must have been received within 14 days from the 'offence' date ] 02/12/2022

3 Date received Give answer here  12/12/2022

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  no

5 Is there any photographic evidence of the event? yes

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

7 Who is the parking company? Smart Parking Limited

8. Where exactly [carpark name and town] Ystwyth retail park Aberystwyth

For either option, does it say which appeals body they operate under. IAS 

 

My wife and I regularly use this car and this car park so I have no idea who was driving that day and the photo is useless. Your best advice as to how to respond will be much appreciated as always.

2022-11-15 smart pcn.pdf

[Nicky Boy]

Fredsed,

 

You've left PCN number and Reg number in a number of places on your upload.

 

Can someone take it down please?

[Nicky Boy]

And just a couple of quick observations...

Obviously out of time for POFA to apply.

No POFA information at all on the PCN, just a vague request for the driver's details. (Which apparently the OP has absolutely no chance of giving, even if they wanted to).

 

Also the "overstay" is less than 18 minutes.

Here's a goole streetview of signage with loads of tiny print and apparently no indication of what charges might be...

 

Google Maps

WWW.GOOGLE.CO.UK

---

Find local businesses, view maps and get driving directions in Google Maps.

 

 

And another type of sign with "important" terms and conditions...

Google Maps

WWW.GOOGLE.CO.UK

---

Find local businesses, view maps and get driving directions in Google Maps.

 

Presumably the "other" terms and conditions aren't important?

Edited December 12, 2022 by Nicky Boy
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[FTMDave]

Thanks for filling in the sticky so quickly.  We wish everyone would do that!

 

Two immediate good points.

 

Firstly, as Nicky Boy says, they have sent their bilge out too late to establish keeper liability, so nowt they can do.

 

Secondly, even if they could do something, we haven't seen Smart Parking ever dare take a single motorist to court.

 

Just laugh at them, and ignore the coming deforestation - but come back here if/when they send you a Letter of Claim.

[fredsed]

Ok, thank very much for your advice, I'll do as you say. Also Nick Boy thanks for pointing out the info I had left on the PDF.

[dx100uk]

pdf is sorted for you already 

 

[fredsed]

Thanks dX

[honeybee13]

Thread reopened.

HB

[fredsed]

Thanks HB

After months of threats I've now received a LOC from CST Law on behalf of Smart Parking. Your good advice on how to respond would be most welcome.

Thank you. 

[Nicky Boy]

You haven't been reading up around the forum then?

Next step is a "snotty letter" to let them know you'd be real trouble at court.

You'll find various formats of snotty letters on other threads as a template.

Search the forum...

[brassnecked]

It needs to succinct with no mention of why you think their case is pants just that you know that they know now you know, as previously mentioned read up on a few.

[fredsed]

OK I'll have a read of few threads and put a response together. Thank you  Can I counter claim (if need be ) for my time?

[dx100uk]

not a good idea on any court claim

you've read up enough......?

pop your snotty letter up here, dont reply early! run the 30 days

dx

 

[brassnecked]

No you never counterclaim, in any case its just a Letter of Claim could you post it up please  Now the mention of Counterclaim rings a warning bell, is it actiually a Claim Form from Northampton County Court you have?

 

[lookinforinfo]

There seems a lot missing  on your PCN that you showed on your first post. Could you please post the front  and back of the PCN. There should be something about them pursuing either the  the driver or the keeper at the very least. Who ever was driving the keeper is not liable for the charge-only the driver is as the PCN does not comply with the protection of Freedoms Act 2012.

[FTMDave]

Snotty letter time.

[fredsed]

Ok thanks everyone for you advice. I'm working this weekend so I'll get back on this next week.

[lookinforinfo]

Don't bother reposting the PCN as I have now seen it. The keeper is not liable for the debt but the driver still is so it could be a help if you sorted out who was driving that day.

 

[fredsed]

Thanks LFI but unfortunately I'm unable to establish who was driving. The photographic evidence supplied was very poor quality.

[honeybee13]

You can't work it out from your diaries? The purpose of the photos is more to establish that the car was where they say than to ID the driver.

HB

[fredsed]

Hi HB, unfortunately I don't keep a diary of my shopping trips or who was driving at the time. We make a number of trips to Aberystwyth a week and share the driving. 

However if I could establish that it wasn't me (the keeper) who was driving would this make a difference?

[dx100uk]

 

On 14/07/2023 at 08:27, Nicky Boy said:

You haven't been reading up around the forum then?

Next step is a "snotty letter" to let them know you'd be real trouble at court.

You'll find various formats of snotty letters on other threads as a template.

Search the forum...

no and you never reveal who was driving....

dx

[brassnecked]

Its ok to say you don't know who is driving, its not like a police speeding ticket where you are legally bound to name the driver. 

Just don't admit to being the driver yourself

There is no way the fleecers can force a keeper to name a driver,

one did try to use threat of a Norwich Pharmaceutical order a few years back but it would be overkill and court would likely regard application in a Private parking case as vexatious.

[fredsed]

Ok thank you both for that. I'll get on with that "snotty letter then"

[dx100uk]

pop it up here 1st

dx