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#Post#: 29947--------------------------------------------------
Smart Parking - Hereford
DIR By: FaintPanda
Date: July 15, 2024, 1:45 pm
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Hello,
After some advice on whether to fight or pay up on this one.
GSV:
HTML 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
HTML https://www.google.com/maps/@52.0592371,-2.7069395,3a,82y,110.19h,69.25t/data=!3m7!1e1!3m5!1sNNYwaaVlcALKi3j6v5G7cw!2e0!5s20240301T000000!7i16384!8i8192?coh=205409&entry=ttu)
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
HTML https://i.imgur.com/AyostOE.jpeg
Image C
HTML https://i.imgur.com/GQzQBFn.jpeg
#Post#: 29948--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: FaintPanda
Date: July 15, 2024, 2:02 pm
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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
[Quote]BEWARE - 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.[/quote]
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.
#Post#: 29951--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: DWMB2
Date: July 15, 2024, 2:28 pm
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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!):
[indent]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,[/indent]
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.
#Post#: 29957--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: FaintPanda
Date: July 15, 2024, 5:02 pm
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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!
#Post#: 29968--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: H C Andersen
Date: July 16, 2024, 2:43 am
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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.
#Post#: 29994--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: b789
Date: July 16, 2024, 4:57 am
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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:
[indent]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.[/indent]
#Post#: 29997--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: DWMB2
Date: July 16, 2024, 4:59 am
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--- Quote from: b789 link ---
>
> The following has never failed
>
--- End Quote ---
In the interests of balance, neither has mine.
#Post#: 30002--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: b789
Date: July 16, 2024, 5:07 am
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--- Quote from: DWMB2 link ---
>
> [quote author=b789 link=topic=2528.msg29994#msg29994
date=1721123852]
> The following has never failed
>
--- End Quote ---
In the interests of balance, neither has mine.
[/quote]
Yes... but there is so much more satisfaction when a little bit
of Schadenfreude is involved. ;)
#Post#: 33540--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: FaintPanda
Date: August 16, 2024, 4:39 am
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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!
#Post#: 33593--------------------------------------------------
Re: Smart Parking - Hereford
DIR By: sparx
Date: August 16, 2024, 8:12 pm
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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!
>
--- End Quote ---
I don't think you were ever going to lose that one, especially
since everyone is still parking down there! 8)
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