Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: S23 on July 05, 2024, 02:38:44 pm

Title: Re: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: DWMB2 on August 05, 2024, 10:44:21 am
Good result - thanks for letting us know!
Title: Re: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: S23 on August 05, 2024, 09:32:59 am
Thank you all, very straight forward outcome:

"1 August, 2024

Dear XXX,

Parking Charge Notice Number: XXX

Thank you for your recent communication.

I have noted the points you raised and would like to confirm that we are canceling the Parking Charge Notice.

If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,
Smart Parking Ltd"
Title: Re: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: S23 on July 07, 2024, 11:51:08 am
Acknowledgement received by email 07/07/24:

"Thank you for your recent communication.

We can confirm that your appeal has been received and that all action has been suspended pending adjudication. We will endeavour to respond to your appeal within 28 days.

If your appeal has been received within 28 days of issue of the Parking Charge Notice (PCN) and your appeal is unsuccessful, the PCN will revert to the amount outstanding at the point of appeal and the payment terms will be extended.

Please remember to check your junk and spam folders periodically.

Yours sincerely,

Smart Parking Limited"
Title: Re: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: DWMB2 on July 05, 2024, 04:03:34 pm
Excellent - let us know when you hear back.
Title: Re: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: S23 on July 05, 2024, 04:01:28 pm
Much appreciated, I (registered keeper) have responded as above
Title: Re: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: DWMB2 on July 05, 2024, 03:23:13 pm
As Dave notes, it's seldom advised to ignore private parking charges in England and Wales.

With this being Smart Parking, you have a very easy way to get out of this. They choose not to make use of Schedule 4 of the Protection of Freedoms Act 2012 to be able to recover charges from the registered keeper*. As such, you have no liability. You could therefore appeal along the lines of the below as the keeper (no telling them who was driving!):

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 35 days, chase them.

* If you are not the registered keeper, tell us before submitting anything, as the approach will need to be different.
Title: Re: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: Dave65 on July 05, 2024, 03:14:04 pm
First, you should never ignore these PPN`s it usually comes back to bite you.

The issues here the PPN has not been delivered within the required 14 days to hold the keeper liable, but they are not quoting or relying on PoFA and do not know the drivers ID.
So, do not tell them or give any clue to the drivers ID.
Title: Smart Parking Ltd - Exceeded Parking Time - McDonalds Mondial Way, Harlington
Post by: S23 on July 05, 2024, 02:38:44 pm
Hi all,

Upon entering the McDonalds car park, the driver found a space, parked up, and went to eat inside. They were waiting to pick up someone whose flight was delayed in nearby Heathrow Airport, and when they left the car park they had exceeded the maximum parking period. On 4th July, I, the registered keeper, received a PCN through the post.

Google maps: https://maps.app.goo.gl/FTSD2nKFUBpxuYvC7 (https://maps.app.goo.gl/FTSD2nKFUBpxuYvC7)

Arrival time: 19:36
Departure time: 21:16
Maximum stay: 60 minutes (according to a recent Google review above with a PCN too!)

Date of Contravention: 07/06/2024
Date of Issue: 24/06/2024
PCN Received: 04/07/2024

PCN Front Page: https://drive.proton.me/urls/A4ESQJ91F8#b8g1rK6vhWiX (https://drive.proton.me/urls/A4ESQJ91F8#b8g1rK6vhWiX)
PCN Back Page: https://drive.proton.me/urls/YETEGAKZ7C#Mpsw1Sp6MT-_ (https://drive.proton.me/urls/YETEGAKZ7C#Mpsw1Sp6MT-_)

Please let me know if i can simply ignore this and all debt letters as it is private (or whether that is inadvisable). Any help with an appeal would alternatively be appreciated, but there is little time left for response

Thank you for your help in advance