3. Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
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Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
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Hello,

A family member has received a parking ticket from Smart Parking. The driver received a telephone call, which they needed to take. They pulled into the Liverpool Marina car park, where they proceeded to take the telephone call, and leave 20 mins later. They did not leave the car, nor even turn off the ignition.

A parking charge notice was received by the owner today. It is dated 26/2 (the incident in question occurred on the 14th).

PCN attached below.
Front: https://www.dropbox.com/scl/fi/1cnd7u18i4bmp6af4oo4f/Ticket-Front-Redacted.jpg?rlkey=g8do1qvyfhkvdkrhs5f6pz1mj&dl=0
Back: https://www.dropbox.com/scl/fi/b5k6b9umwb9epoosk9a73/Ticket-Rear-Redacted.jpg?rlkey=ug8px89jjt4o9lmcyx8gahw4z&dl=0

It is my understanding from seeing other tickets from Smart Parking listed on this forum (https://www.ftla.uk/private-parking-tickets/smart-parking-mecure-hotel-tunbridge-wells/msg17001/#msg17001) that this ticket is contestable on the fact it does not comply with PoFA and the below template may be successful.

Do you think that it is worth pointing out that the car was stopped and not parked (ie it was not left by the driver?) - or is this more detail that is necessary?

Quote
Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver is liable for 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,



Very best wishes.

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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #1 on: »
Quote from: twigtwig on March 09, 2024, 09:10:20 pm
Do you think that it is worth pointing out that the car was stopped and not parked (ie it was not left by the driver?) - or is this more detail that is necessary?
I'd stick to the template.

Re. the driver not getting out, not only is it more detail than necessary, it's not a very strong argument - not that the case will get this far, but you'd very much struggle to convince an adjudicator or a judge that a car that was stationary for 20 minutes was not parked merely because the driver did not leave the vehicle.
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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #2 on: »
Agreed. The POFA-fail/no keeper liability point is a guaranteed winner.

Muddying the water with a hopeless argument that a parked car isn’t parked just because the driver is inside with the engine running can’t possibly help.
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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #3 on: »
For completeness, no appeal by a keeper regarding Smart PCNs can require that the charge itself to be cancelled*, but they don't really understand or care and so they'll reply sating it has.

*- because the charge isn't the issue. The PCN doesn't even say they would seek to hold the keeper liable, they're telling you it's been incurred and asking you to pay or name the driver. That's it.

But send your appeal as is, it'll do the trick.
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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #4 on: »
I tried to appeal a typical POFA noncomplaint Smart PCN yesterday. From the drop-down menu I selected the option that there was something wrong with the PCN and it immediately cancelled the charge and stated there was no need to appeal.

I checked it out by going to the pay PCN page today and sure enough the PCN had ceased to exist
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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #5 on: »
Thank you. Appeal submitted - just taken to a page saying - 'Thank you very much for completing the Appeal form - your request is now being processed. The Appeal decision will be sent to you soon.'

Will post update when I have it.
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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #6 on: »
Quote from: twigtwig on March 10, 2024, 01:04:20 pm
Will post update when I have it.
And if you don't get it within the time limit set out in the BPA Code of Practice, chase them for it.
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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #7 on: »
Hello all. Had an email from Smart Parking this afternoon to say that the PCN has been cancelled.
Thank you all for your assistance.
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Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK, Liverpool
« Reply #8 on: »
Good news - well done and thanks for the update.
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