Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - ian505050

Pages: [1]
1
Great news today!!!!

The IAS accepted the Appeal.

This was the response.

Thanks to everyone who provided help and input.



Appeal Outcome: Accepted

The Adjudicators comments are as follows:

"The Appellant appeals this PCN on a number of grounds, including that the Operator has failed to comply with the requirements of PoFA and therefore cannot hold him liable as the keeper of the vehicle. The Appellant has declined to provide the driver's details. The Appellant is correct in that, as the Operator is pursuing keeper liability under PoFA, the NTK must comply with the requirements of the Act. One of those requirements is for the NTK to be deemed to be received within 14 days of the parking event. The parking event took place on 31/5. Therefore the NTK would need to be deemed to be received by 14/6. The NTK was issued on 12/6 and would therefore be deemed received by 16/6. Therefore as this is not within the 14 day period, the NTK is not compliant and the Operator cannot pursue keeper liability. Accordingly, I will allow the appeal.

I have considered all the issues raised by both parties in this Appeal and I am not satisfied that the Operator has established that the Parking Charge Notice was properly issued and therefore this Appeal is allowed."

As your appeal has been accepted, the charge has been cancelled by the operator and you do not need to take any further action.

2
The IAS have now responded and given me a few days to provide further evidence after they have received evidence from smartpark.

The evidence smartpark provided was the original letter sent to me in the post and the photos showing the signage in the carpark.

Do I need to do anything at this stage before in for to an adjudicator in a few days time or just rely on the information above already provided to smartpark?

[ Guests cannot view attachments ]

3
I have submitted the Appeal to the IAS today and will await the response. Thanks again for the input.

4
Wow! Its all fun and games. When this eventually gets decided in my favour has anyone had any luck issuing a counter claim against Parking Companies to recover cost for my  admin/wasted time. I once had a speeding ticket issued where North Yorkshire Police managed to shoot a different vehicle to mine with a speed gun and send me the fine as I was the next vehicle to pass. I resolved this eventually after paying the fine and attending a speed awareness course. I recovered all costs from North Yorkshire Police as I proved they had made an administrate error. It was several hundred pounds from memory.

5
I have now received an official rejection to my Appeal letter submitted to Smart Parking Limited.

They seem to have misunderstood the definition of the 14 day period, just like the DVLA.

I will await a week or so for guidance on here before completing an appeal with the  Independent Appeals Service, (IAS)

Attached is the rejection letter


[ Guests cannot view attachments ]

6
Cheers. I have tried sending to the email with an extra 'e'

7
kadoescalation@dvla.gov.uk

This email does not seem to be an email used anymore as I got an automated response saying undeliverable. However, I have sent the complaint via the online DVLA form, where it let me add the complaint as a PDF attachment.

8
Hi b789,

I appreciate the almost immediate response. I have sent step 2 of the complaint to the DVLA. I cant thank you enough for your help to resolve this issue created by Smart Parking and the DVLA.

9
The DVLA have now responded to my complaint about Smart Parking Ltd issuing their ticket after the official  14 days period .

It looks like the DVLA has interpreted what 14 days means differently.

Any suggestions on what my response needs to be to the DVLA?

I assume DVLAs response to me has also been communicated to Smart Park Ltd?

Attached is the DVLAs response

Kind Regards

[ Guests cannot view attachments ]

10
Many thanks for the comprehensive response. I will  review documents you refer to  this week and the paragraphs where Smart Park Ltd have failed to abide.

If I appeal via Smart Park Ltd which will inevitably be rejected can I start an appeal via POPLA who will agree with the points you have stated and request Smart Park Ltd cancel the charge requested?

I have only ever had 1 previous ticket against myself as a registered keeper 10 years ago where I used POPLA who got the ticket cancelled from memory for being 9 minutes in a car park.

11
So I received the attached Parking Charge of £50 for overstaying in a 2-hour limit at Furzton Lake in Milton Keynes from Smart Parking Ltd

The letter states arrival time 10:21 and Departure time 12:34 so a stay of 2 hours 13 mins which I guess has triggered the ticket.

However, after entering the carpark 10:21 I could not find a space so I left within a minute.

At 10:38 after doing a lap of the lake, trying to decide where to park I actually parked in the carpark until 12:34 after finding space ( parking for 1 hour and 56 minutes). I set a timer on my phone, making sure not to stay the 2-hour limit.

13 days after the incident, I received a letter in the post with a fine.

What should my course of action be? I have until the 25th of June to decide.

Is the system Smart Parking Ltd use not smart enough to understand this scenario? Car park was full, so I left and tried again shortly etc...

I am not really interested in paying the fine even though it's not a huge amount as a point of principle..... I didn't read the T&Cs in the car park or take a photo, so don't know what they say but............. I didn't stay 2 hours.

My potential evidence would be my google timeline, which tracks my phone's location and matches the above, but don't suspect this is good enough evidence?

Any suggestions or guidance is very much appreciated.



[ Guests cannot view attachments ]

Pages: [1]