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Ok diner oswestry

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Ok diner oswestry
on:
#1
Hi
Ive received a parking fine from the above diners car park on the 22nd of August.  The letter was sent on the 9th of September.
I stayed for 23 mins, I pulled in with my 2 boys with the intention of eating there but decided against it due to one of my sons not being keen on anything on the menu and I thought it was quite pricey.
Can anyone help with regards to appealing this and do i stand a chance? I didn't see any signs upon entering the car park not did I see anything near the menu outside the building which you would think would be a prominent place to put one.

Re: Ok diner oswestry
Reply #1 on:
#2
What you have received is an invoice not a fine. Please post PCN both sides and any signs if possible. The dates imply not POFA compliant.
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Re: Ok diner oswestry
Reply #3 on:
#4
Do you have any photographs of any signage.There is no single period of parking provided on the notice. Did you enter the premises. Is there a pad inside where you have to enter the registration number for parking. Is there a possibility that the diner will cancel. From what you appear to have written this may be a long shot. You appeal as the registered keeper when you can but to get the best advice please post signs.
Re: Ok diner oswestry
Reply #4 on:
#5
No pictured unfortunately and its not local. Only i can find from similar cases state customer parking only. Ive also seen picture if ipad inside the door. We didn't enter as there is a menu outside which we read.
Apparently my letter doesn't mention that liability will be passed to the keeper in 28 days?
Also the date off parking and the date of issue.
Re: Ok diner oswestry
Reply #5 on:
#6
Yes it appears that they are unable to pursue the keeper given the date of the incident and date. This makes it easier to deal with you appeal as the registered keeper and not mention who the driver was. If you require a template there is one that I sent to NCP Cardiff you can search this on here. You will need to Taylor your appeal to your situation but it will give you a good idea.
Re: Ok diner oswestry
Reply #6 on:
#7
Smart has two templates - the one where they think they're compliant with https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 to transfer liability from the driver to the registered keeper, and the one used here where they know they're not so they don't mention it in the hope that you'll just pay up anyway - most people probably do.

So you appeal as @Sander333 said, there are similar appeals if you search the forum, on the basis that you as registered keeper are not liable for the actions of the unknown driver, whom you will not be identifying.

You'll likely have to make the same appeal to the IAS in due course, knowing that it costs Smart something like £23 when you do, and when they both reject your perfectly valid appeal you may receive a Letter before Claim from a solicitor, followed by a county court claim, but don't worry if you do because it's extremely likely that the claim will be discontinued before having to pay the court fee. At this point just research by searching the forum for similar cases.
Last Edit: September 16, 2026, 02:11:29 pm by jfollows