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#Post#: 17049--------------------------------------------------
Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: twigtwig
Date: March 9, 2024, 3:10 pm
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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:
HTML https://www.dropbox.com/scl/fi/1cnd7u18i4bmp6af4oo4f/Ticket-Front-Redacted.jpg?rlkey=g8do1qvyfhkvdkrhs5f6pz1mj&dl=0
Back:
HTML 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
(
HTML https://www.ftla.uk/private-parking-tickets/smart-parking-mecure-hotel-tunbridge-wells/msg17001/#msg17001)<br
/>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,
>
>
>
--- End Quote ---
Very best wishes.
#Post#: 17051--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: DWMB2
Date: March 9, 2024, 3:45 pm
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--- Quote from: twigtwig link ---
>
> 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?
>
--- End Quote ---
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.
#Post#: 17053--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: Nosy Parker
Date: March 9, 2024, 4:20 pm
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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.
#Post#: 17063--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: H C Andersen
Date: March 10, 2024, 5:28 am
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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.
#Post#: 17067--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: Nosy Parker
Date: March 10, 2024, 6:10 am
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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
#Post#: 17078--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: twigtwig
Date: March 10, 2024, 8:04 am
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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.
#Post#: 17080--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: DWMB2
Date: March 10, 2024, 8:14 am
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--- Quote from: twigtwig link ---
>
> Will post update when I have it.
>
--- End Quote ---
And if you don't get it within the time limit set out in the BPA
Code of Practice, chase them for it.
#Post#: 18453--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: twigtwig
Date: March 27, 2024, 12:03 pm
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Hello all. Had an email from Smart Parking this afternoon to say
that the PCN has been cancelled.
Thank you all for your assistance.
#Post#: 18460--------------------------------------------------
Re: Smart Parking Ticket - LIVERPOOL MARINA OUTER CAR PARK,
Liverpool
DIR By: DWMB2
Date: March 27, 2024, 12:31 pm
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Good news - well done and thanks for the update.
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