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#Post#: 45351--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 5:03 pm
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here are (hopefully) both the pages of my parking charge notice
[attachment deleted by admin]
#Post#: 45355--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: b789
Date: November 12, 2024, 5:28 pm
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As already pointed out to you and upon evidencing the Notice to
Keeper (NtK), they have not relied on PoFA to be able to hold
the Keeper liable.
Easy one to defeat... as long as the unknown drivers identity is
not revealed. There is no legal obligation on the known keeper
(the recipient of the Notice to Keeper (NtK)) to reveal the
identity of the unknown driver and no inference or assumptions
can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Just use the appeal provided above by [member=103]DWMB2[/member]
or you can use this one which is basically the same but is
slightly more disdainful of the parasitic vermin who are out to
scam you:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Smart Parking has relied on contract law
allegations of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Smart Parking have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 45356--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: November 12, 2024, 5:30 pm
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Grand - their boilerplate remains unchanged. Either mine or
b789's appeals will do the trick. AFAIK they both have a 100%
record with Smart.
#Post#: 45358--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 5:39 pm
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guys, i cannot thank you both enough for your excellent and
extremely prompt advice on this.
i will use one of the templates in my appeal tomorrow and i
shall post here to inform you all of the outcome.
best wishes to you both =)
#Post#: 45532--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 13, 2024, 4:54 pm
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I have just sent the appeal via their website, using DWMB2's
template. I'm now anxiously awaiting the response!
I don't need to post a physical copy to them also, in the case
that something went wrong?
(I did get a screenshot of the appeal confirmation page though)
#Post#: 45534--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: November 13, 2024, 5:17 pm
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There should be no need to follow up by post.
I have appealed a Smart Parking charge myself somewhat recently
(last 6 months) and from memory, their acknowledgement email
came a couple of days after submitting, and their response a few
weeks after that. Keep a close eye on your spam folder, the
first email I had from them went into my spam.
The Code of Practice requires them to respond to appeals within
28 days, so if you haven't heard anything from them by such
time, then chase them.
#Post#: 45536--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 13, 2024, 5:28 pm
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ok, i will. thank you very much again
#Post#: 49191--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: December 10, 2024, 8:30 am
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hello again.
I've been keeping a close eye on my email and spam folder, but
i haven't received a reply yet, other than the acknowledgement
email which i received within a day or two of my appeal email.
i think this Friday (13th December 2024) will be 28 days since i
emailed my appeal to them.
if they do not reply by then, what is the best way to chase them
up?
thank you in advance
lateman
#Post#: 49192--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: December 10, 2024, 8:34 am
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Try the following email - mailto:info@smartparking.com
info@smartparking.com
#Post#: 49195--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: December 10, 2024, 8:57 am
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thank you, I'll do that now shortly.
do i just explain that i made as appeal 4 weeks ago, haven't had
a reply yet, and can they confirm that this is the end of the
matter?
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