Show Posts - alma

thank you all.PCN cancelled.

Quote from: b789 on 10 Oct, 2024 14:21You can try and appeal and see what they say. Use the following as your appeal. No need to embellish or remove anything from it:QuoteI am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Smart Parking has relied on contract law allegations of breach against the driver only.The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Smart Parking have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.thank you,that is very kind.

Quote from: b789 on 10 Oct, 2024 14:07So, which bit of this in their response to you makes you think they did not take your request as an appeal?QuoteThank you for your Appeal/Enquiry. Please be advised your Appeal/Enquiry will be reviewed and responded to within 28 days.Whilst you claim it was an "enquiry", they seem to lump an appeal and an enquiry together.Have 28 days passed since you made your "enquiry"? If not, why did you think that appealing before a response would serve any purpose?In my mind it was an enquiry.When i asked for footage would it be regarded an appeal?If so, I want to rectify it and appeal.

Quote from: alma on 10 Oct, 2024 13:51Quote from: b789 on 10 Oct, 2024 13:48Quote from: alma on 10 Oct, 2024 13:42By appeal I mean initial appeal to Smart Parking itself.So, what did you mean when you posted this?:Quote from: alma on 10 Oct, 2024 10:59Unortuantely I have acepted that it was me, thedriver.emails:from me:I have received a "Parking Charge Notice"  Ref: 3193920.I would like to obtain footage of the claimed events.I had a disabled person and 2 elderly in my car, who were out of the car to get rest ,after a long trip from London.The rest for them was needed while I inquired directions from, I suppose, a dry cleaner/laundrette.I moved my car to a parking space in order not to block your narrow driveway for other cars, while walking into the dry cleaner for an assistance with the orientation to the place.Please provide me with the video record and thank you for your help.from them:Local Parking Security via smartparkingltd.onmicrosoft.com Mon, Oct 7, 6:07 AM (3 days ago)to meThank you for your Appeal/Enquiry. Please be advised your Appeal/Enquiry will be reviewed and responded to within 28 days. Please note if you are appealing  against  a Parking Charge Notice which has already been passed onto  Debt Recovery Plus/Gladstones Solicitors, you will need to contact them directly.  Kind Regards, Local Parking Security Ltd Local Parking Security Ltd • PO Box 6321 • Warwick • Warwickshire • CV34 9QB •  -  www.localparkingsecurity.co.uk http://www.localparkingsecurity.co.uk  •Confused, I am.I asked for footage.sorry for  confusing you.Since I did not mention that I have appealed but that i asked for footage I hoped it was clear that i did not appeal.Could you advice on what basis i could appeal .I'll do it (bearing in my mind my grammar).

Quote from: b789 on 10 Oct, 2024 13:48Quote from: alma on 10 Oct, 2024 13:42By appeal I mean initial appeal to Smart Parking itself.So, what did you mean when you posted this?:Quote from: alma on 10 Oct, 2024 10:59Unortuantely I have acepted that it was me, thedriver.emails:from me:I have received a "Parking Charge Notice"  Ref: 3193920.I would like to obtain footage of the claimed events.I had a disabled person and 2 elderly in my car, who were out of the car to get rest ,after a long trip from London.The rest for them was needed while I inquired directions from, I suppose, a dry cleaner/laundrette.I moved my car to a parking space in order not to block your narrow driveway for other cars, while walking into the dry cleaner for an assistance with the orientation to the place.Please provide me with the video record and thank you for your help.from them:Local Parking Security via smartparkingltd.onmicrosoft.com Mon, Oct 7, 6:07 AM (3 days ago)to meThank you for your Appeal/Enquiry. Please be advised your Appeal/Enquiry will be reviewed and responded to within 28 days. Please note if you are appealing  against  a Parking Charge Notice which has already been passed onto  Debt Recovery Plus/Gladstones Solicitors, you will need to contact them directly.  Kind Regards, Local Parking Security Ltd Local Parking Security Ltd • PO Box 6321 • Warwick • Warwickshire • CV34 9QB •  💻-  www.localparkingsecurity.co.uk http://www.localparkingsecurity.co.uk  •Confused, I am.I asked for footage.

Quote from: b789 on 10 Oct, 2024 13:24OK. So you've shown us the NtK and it is not PoFA compliant although it pretends to be. That is only useful if the driver has not been identified.At this point, I'm assuming you are the registered keeper of the vehicle and the NtK is addressed to you, the keeper. If not, please clarify your relationship to this situation.You need to understand a couple of things first... assuming you are the keeper of the vehicle and the NtK is addressed to you, then you are the "Keeper", which is a legal entity. There is another separate legal entity... the "Driver".So, for the time being, Smart Parking have no idea who the "driver" is so they have sent out an NtK to the "keeper", who they know is you because they got your data from the DVLA because the car is registered to you, the "Keeper".So, a person can be either the "keeper" the "driver" or "both". Smart Parking only know the identity of the "keeper". However, it is the "driver" who is liable for the alleged breach of contract with Smart. The only way they can recover the charge if they do not know the identity of the "drive", is if they fully comply with all the requirements of the Protection of Freedoms Act 2012 (PoFA).As their NtK is not fully compliant with PoFA, they cannot hold the "keeper" liable if they don't know the identity of the "driver". However, if the "keeper" has blabbed, inadvertently or otherwise, that they were also the "driver", then the fact that their NtK I not PoFA compliant goes out the window.If the "keeper" has not identified the "driver" and there is no legal obligation for the "keeper" to do so, then Smart have no wriggle room and can only pursue the "driver", who, if they have not been told, they have no idea who that is. Catch-22 for Smart (not so).So, from what we can glean from what you have told us so far and looking at what appears to be an appeal where you said (as the "keeper") "I moved my car to a parking space in order not to block your narrow driveway for other cars...", you have inadvertently admitted to also being the "driver". If you'd said "The driver moved the car to a parking space...", the drivers identity would not have been revealed.So, when you talk about an "appeal", are you referring to the POPLA appeal? If so, what is the date on the rejection letter from the initial appeal you appear to have made and included a POPLA code?By appeal I mean initial appeal to Smart Parking itself.

answers to questions:1.I parked on a bay in order not to block other cars, while i inquired directions. I wanted to read and understand parking rules on that park, asked questions about parking places closer to our destination. I did not want to park on that park.I have mentioned parking on a bay to avoid any accusation that i intended to park there.2. After speaking to the cleaner’s assistance we left the parking, in the car, and never returned back.3.About the image, I had struggled to post the image of the letter initially (sorry that I stated it before time).I have attached NTK late ron.4.Reply from car parking office was on my email asking for a footage (questions 8.11).5.About disability parking bay: can I appeal based on that car parking not having a disability bay?6. on 5 oct I received the NTK letter, 10 days after the alleged contravenes. So, I have couple of days to appeal, until 14 days of discount runs out.7.Thank you for grammar lesson, I’ll try to improve.8.I am both:keeper and driver.

Quote from: b789 on 10 Oct, 2024 12:54What time was the alleged breach of contract by the driver? It will say on the NtK which you still haven't shown us.i have posted a link to the letter at 10:42.shall I re-post it ?

Sorry I might appear not paying attention, probably because I know what happenend and assume others would undertand my explanation. Or probably i could not describe it clear for others.

I do read questions, but what i said in my 1st post: it happenend within those 11 min (the only entrance I had to that parking)and we left,after reading the display and taking directions from the cleaners assistance. As i epxlained I  was not familiar with the town and needed some advice.

no, i have not returned back, it was on the display: Saturday it had different tariff, before lunch and after lunch.

 It was confusing and any way because of the passengers I decided to go elswhere,after speaking with the Laundrette  assitance,who advised about other places. Also, I did not see any disabeled parking.

it i snotfor cleaners customers only, it was just a car park, I think.

https://imgur.com/a/o8qTNUE.it's  poor image. but could not find better one.

so, there is  a little hope that it would be cancelled.It was an honest mistake, asked for  directions, with the elderly being slow it has taken time to drive out of the car park.