Author Topic: Smart Parking PCN - Insufficient Paid Time (21 mins) - Argal reservoir car park, Penryn  (Read 531 times)

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Hey there,

So The contravention took place on the 27th of July for which I got a PCN, which I appealed on the 31st of August(within the Discount period). The contravention was for 21 Mins from 1938 hours to 1959 hours  on a Saturday evening.

I appealed on the basis that there wasn't enough time to understand the signage and leave in time. The appeal was rejected basis that there was sufficient signage with enough information. I had also mentioned in my appeal that I would NOT be paying this PCN as it reeked of private parking greed (what with charging 70 pounds for a 21 min stay in a pretty secluded reservoir in Cornwall on a Saturday evening)

I have since ignored the PCN and have received a debt recovery plus letter asking for 170GBP.

Is there any way I can get out of this PCN and have it cancelled?

I also do not remember all the information I presented in the case when appealing as the only location this information is currently present is the Smart Parking portal which doesn't provide information on the appeal raised.

Edit: Added attachments

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« Last Edit: April 29, 2025, 10:03:19 pm by traxracer »

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Smart would almost certainly have rejected any appeal, but can you please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and provide copies of what documentation you have?

21 minutes is well in excess of any time period for reading signs and deciding not to park, so we need to look for other reasons.

Without seeing the actual wording of you original appeal and original Notice to Keeper (NtK) you received, it is difficult to advise. Did you submit an appeal to POPLA? If so, we would need to see exactly what you put in that appeal.

You can safely ignore any and all debt recovery letters. Never, EVER, communicate with a powerless debt collector. All they can do is try and make the low-hanging fruit on the gullible tree pay up out of ignorance and fear.

We don't need to see or know about debt recovery letters.

Show us the information listed above, ignore DRA letters and come back when you receive a Letter of Claim (LoC) if you can't comply with our requirements.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you for your responses and I appreciate I havent possibly provided the right information in my post, apologies.

I only made an appeal to Smart Parking I havent made an appeal to POPLA yet. Is there a means by which I can get smart parking to provide the appeal information I had submitted at the time? Like I said in my post

I have not yet received a letter of claim, atleast not one that I can recognise or remember.

I have now attached the PCN details. Unfortunately I do not have the original letter I received in the post and the smart parking site ONLY provide the information in the screenshot.

Final question. Is an appeal to POPLA the right next step now or should I wait until I receive the letter of claim from Smart Parking again?

Thanks


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It is way too late to make a POPLA appeal. However, I would bet my bottom dollar that Smart Parking do not have a valid contract to issue PCNs at Argal Reservoir car park.

If you have identified the driver by inadvertently admitting it in your appeal, then you have lost a useful defence point.

Argal Reservoir is owned by South West Water and managed under licence by the South West Lakes Trust, as confirmed in the High Court case Brown & Ors v South West Lakes Trust & Ors.​

While specific byelaws for Argal Reservoir are not publicly listed, it is common for utility-owned reservoirs to be subject to byelaws under legislation such as the Water Industry Act 1991. These byelaws typically govern activities like fishing, boating, and public access to ensure safety and environmental protection. The South West Lakes Trust enforces rules at Argal Reservoir.

For detailed information on applicable byelaws or regulations at Argal Reservoir, you should contact South West Water or the South West Lakes Trust directly.​

If byelaws do apply (likely), then as the Keeper of the vehicle, you could not be held liable. Only the driver can be liable and they have no idea who the driver is unless you blab it to them, inadvertently or otherwise.

For now, all you can do is ignore all debt recovery letters and wait for an LoC which will not come from Smart but a bulk litigator such as DCB Legal.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Really need to see your appeals, the tone of your original posts suggests you my have outed yourself as the driver, if so you've lost most of your defence options. Whether you agree with the amount, time allowed etc. is not relevant, the rules around private parking contracts are fairly well settled as long as the parking company doesn't screw up. You could issue SMART with a subject access request to get a copy of your appeals. Otherwise it's wait to see they issue a LoC.