Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Carl303 on August 20, 2024, 07:18:29 pm

Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: DWMB2 on September 11, 2024, 11:30:28 am
Excellent - good result and thanks for updating us.
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: Carl303 on September 11, 2024, 11:20:58 am
Update, the registered keeper has received a one line response today stating the PCN has been cancelled.
Thanks to all those above who responded
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: H C Andersen on August 21, 2024, 08:52:49 am
OP, the notice fails on so many PoFA points, it's one of the worst I've seen for some time.

But simply for you, the law requires that in order to hold the keeper liable the Notice to Keeper must be served no later than 14 days after the event. This notice wasn't even raised until 5 weeks afterwards.

But stick to the script, and the script alone, and post back here when you receive their cancellation letter.
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: Carl303 on August 20, 2024, 10:37:17 pm
Quote from: DWMB2 on August 20, 2024, 10:29:23 pm
Quote from: Carl303 on August 20, 2024, 10:19:53 pm
I will use your template
Make sure you input your partner's details (as keeper only), if the notice is addressed to them.
Understood. Thanks
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: DWMB2 on August 20, 2024, 10:29:23 pm
Quote from: Carl303 on August 20, 2024, 10:19:53 pm
I will use your template
Make sure you input your partner's details (as keeper only), if the notice is addressed to them.
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: Carl303 on August 20, 2024, 10:19:53 pm
Yes my partner is the RK.
Thank you for taking the time to review my post. I will use your template, and will post any update/response here.
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: DWMB2 on August 20, 2024, 10:15:14 pm
Cheers - assuming your partner is the Registered Keeper, with the vehicle's V5C in their name, then they can appeal with the below. If they are not the keeper (the vehicle is a lease car, for example), let us know, as the wording will need to be different.

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.

The above has a 100% success rate with Smart Parking so far. As LPS are now part of the same group, I would anticipate the same result.
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: Carl303 on August 20, 2024, 08:29:21 pm
PCN

https://imgur.com/naqJxVT
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: DWMB2 on August 20, 2024, 08:20:33 pm
The image of the front seems to be cropped, meaning we can't see most of it. Block out the PCN# and your reg, leave all other details visible, including dates, times, and locations.
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: Carl303 on August 20, 2024, 08:01:29 pm
Hope this works. Pic of front and back of PCN with personal info removed

https://imgur.com/0N5PEwZ
https://imgur.com/ThXZcxx
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: DWMB2 on August 20, 2024, 07:45:49 pm
Quote from: Carl303 on August 20, 2024, 07:19:35 pm
To add, I can't upload a pic of the PCN, despite the filesize being 115KB
Read this thread for instructions: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)

Once we've seen the document, we'll be able to suggest an appeal. As this is Smart Parking, there's very likely to be a 'technical' appeal that will get this cancelled without having to bother with the specifics of payment details etc.
Title: Re: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: Carl303 on August 20, 2024, 07:19:35 pm
To add, I can't upload a pic of the PCN, despite the filesize being 115KB
Title: LPS / Smart Parking - Yaverland Seafront Car Park, Isle Of Wight
Post by: Carl303 on August 20, 2024, 07:18:29 pm
My partner has received a PCN for "Failure to pay for the duration of the stay" at the above car park, but I categorically remembering paying by cash at the machine, as I had to borrow some coins from my kids. Its a £100 fine, reduced to £60 if I pay in 14 days.

This private car park is situated directly next to Wildhearts Animal Sanctuary, which we were visting that day.
The signage stated that parking costs £3 all day for Sanctuary visitors. Please ensure that you enter the code shown at the top of the parking sign to secure this discounted price.
I distinctly remember doing this when paying the £3 in coins, and putting the ticket in the windscreen. I even confirmed with the Sanctuary staff that I had followed the process correctly.

Unfortunately I cannot find any image on Google maps that shows the signage and code, and of course I no longer have the paper ticket.

Note that this is the car park directly next to the sanctuary, and NOT the tarmac car park on the seafront.

Is there any way I can prove that payment was made, as obviously there is no cash paper trail? On my appeal I am tempted to ask them to provide a reconciliation of all the cash payments taken against numberplates that contain the sanctuary code, but I'll doubt they'll bother with that.

Also I'm not sure if this matters, but the PCN is dated 35 days after the date we were there.

Any assistance greatly appreciated