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Hello,
After some advice on whether to fight or pay up on this one.
GSV: https://www.google.com/maps/@52.0589192,-2.7063237,3a,90y,312.68h,62.63t/data=!3m7!1e1!3m5!1saVv_s3obJgIDcOR27mEQVQ!2e0!5s20240301T000000!7i16384!8i8192?coh=205409&entry=ttu
Each of time my car was parked in that location, many other cars were also parked down the side of the road, even though the car part was full of free spaces.
Would the argument hold up that the driver of my car, didn't agree to the terms and conditions of the car park, due to not parking in said car park? Looking on GSV, (LINK)
Image B: Shows the front page of the PCN (Please note how another car is present in the before and after photos. It is believed my car was parked behind this car).
Image C: Reverse of the PCN
Image B
Image C
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Done some digging into this. Looks like I am not the only one who has received these tickets, which is expected due to the number of cars which are parked in the same location, daily.
Here is an extract from Trust Pilot
QuoteBEWARE - the camera that is operating in the Lidl Carpark is poorly placed and is picking up vehicles that are parking legally on Commercial Road just down from the Hospital entrance. Staff, students and visitors can legally park here but the camera picks up the number plates that are parked beyond this entrance.
If it helps anyone, I have responded with this text in my appeal to four fines!
It seems there has been a misunderstanding regarding the parking fines. The vehicle in question was driven through the camera at the entrance to Lidl and immediately exited, effectively making a U-turn. It was then parked legally on Commercial Road, out of the camera's sight, which is why the camera continued recording the length of stay. Commercial Road has double yellow lines at the traffic lights and opposite the hospital entrance, but the rest is unmarked and unsigned.
Supporting images will be provided. Once the vehicle moves from the lower part of Commercial Road, it is picked up by the camera again and recorded as leaving the monitored part of the site. This vehicle has never been parked in a bay within Lidl Carpark. Brook Retail Park has not adopted any of the road outside the delivery parking bay, which is owned and maintained by the council which has a small section of unrestricted parking. Often used by hospital staff or visiting relatives.
The vehicle has been parking on this section of the road for over a year without receiving a fine. Recently, the company received four fines dating back to June, and only now are the PCNs being received. Please cancel all fines related to this vehicle, as it was parked legally on Commercial Road and not on the land operated and maintained by Brook Retail Park.
Looks like I will have to do my own due diligence to see whether that road is owned by the local council, or privately. Sending a FOI request to the council to see whether they own it or not.
Happy to hear thoughts from others on this. -
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I note you have edited your post to remove the photo showing where you believed the car was parked - if it was indeed where that image suggested, I would be very surprised if it was outside the bounds of the car park and actually on the public road.
However, with this being Smart Parking, you have a very easy way to get out of this without really needing to engage with the specifics of the case. They choose not to make use of Schedule 4 of the Protection of Freedoms Act 2012 to be able to recover charges from the registered keeper*. As such, you have no liability. You could therefore appeal along the lines of the below as the keeper (no telling them who was driving!):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.
* If you are not the registered keeper, tell us before submitting anything, as the approach will need to be different. -
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Thanks DWMB2 - I am the RT and was not the driver.
I will submit the appeal tomorrow, thank you for your help! -
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It's not unknown for RKs to embellish what is a simple, succinct and sufficient challenge with unnecessary frills and editorial comment. Pl don't feel inclined to do so.
If you are just going to use the draft given to you as your total submission, then just send off in the manner recommended. -
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I believe that even the recommended appeal above is already over embellished, especially for a (not so) Smart Parking appeal. The following has never failed:This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.
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The following has never failed
In the interests of balance, neither has mine. -
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The following has never failed
In the interests of balance, neither has mine.
Yes... but there is so much more satisfaction when a little bit of Schadenfreude is involved.
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Morning!
Wanted to report back that Smart Parking cancelled the parking charge!
I submitted DWMB2's appeal template.
Thank you all for provding this assistance to everyone! -
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Quote
Morning!
Wanted to report back that Smart Parking cancelled the parking charge!
I submitted DWMB2's appeal template.
Thank you all for provding this assistance to everyone!
I don't think you were ever going to lose that one, especially since everyone is still parking down there!
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