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#Post#: 58476--------------------------------------------------
Smart Parking Notice to Keeper
DIR By: McBeanMJ
Date: February 17, 2025, 4:30 am
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On 28/01/2205 the driver of the vehicle entered a car park at a
local gym - where the driver has been frequenting for the past 2
years. Upon entering the gym facility - the driver entered the
registration details of the vehicle into the provided parking
machine/ipad in the gym - as the driver has done on every
occasion of visiting this facility.
Some 14 days later a PCN notice was posted to the Keeper of the
Vehicle - notifying them of a parking charge.
Looking for advice on how to appeal this parking charge.
[attachment deleted by admin]
#Post#: 58479--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: DWMB2
Date: February 17, 2025, 4:39 am
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Welcome - please show us the back of the notice. The keeper
isn't liable for the reasons outlined below but I want to check
they aren't claiming the contrary on the back.
The good news is they have issued the notice too late to be able
to hold the registered keeper liable under the provisions of
Schedule 4 of the Protection of Freedoms Act. On that basis, you
can appeal as the keeper only (no ticking any boxes revealing
who was driving) with the below:
[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 28 days, chase them.
#Post#: 58483--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: McBeanMJ
Date: February 17, 2025, 4:49 am
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Hi DWMB2
Many thanks for the response.
Thought I'd attached both images - apologies - but have done so
now.
Thanks.
#Post#: 58501--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: DWMB2
Date: February 17, 2025, 6:01 am
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That back page isn't working for me - either way the appeal I
suggested above is suitable.
#Post#: 58554--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: McBeanMJ
Date: February 17, 2025, 9:04 am
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Tried again - thanks for the help.
[attachment deleted by admin]
#Post#: 58567--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: DWMB2
Date: February 17, 2025, 9:48 am
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That's unacceptable - they are claiming the ability to hold you
liable as the registered keeper using the provisions of Schedule
4 of the Protection of Freedoms Act, despite having issued the
notice too late to be compliant. This is a breach of their Code
of Practice
HTML https://irp.cdn-website.com/262226a6/files/uploaded/sector_single_Code_of_Practice_Version_1_140824.pdf.
Have you sent the appeal? If not, I'd amend to the below:
[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 am appealing as the
registered keeper of the vehicle. There is no obligation for me
to name the driver and I will not be doing so. My appeal is on
the following grounds:
1. No Keeper liability
You have failed to comply with the requirements of Schedule 4 of
the Protection of Freedoms Act (PoFA/"the Act"). The notice was
not delivered within the relevant period of 14 days beginning
with the day after that on which the specified period of parking
ended, stipulated by 9(5) of the Act, required by 9(4) of the
Act.
Date of parking event: 28/01/2025
Date of issue: 10/02/2025
Date the notice was "given" as per 9(6) of the Act: 12/02/2025
Time elapsed: 15 days
As you are unable to hold me liable as the registered keeper of
the vehicle, this appeal should be upheld.
2. Breach of the Private Parking Sector Single Code of Practice
(PPSSCoP)
Clause 8 of the PPSSCoP states:
[indent][i]8.1.1. The parking operator must not serve a notice
or include material on its website which in its design and/or
language: [...]
[indent]d) state the keeper is liable under the Protection of
Freedoms Act 2012 where they cannot be held
liable.[/indent][/indent]
As above, the notice has been issued too late to be delivered
within the relevant period prescribed by the Act. Despite this,
your notice claims that if the notice remains unpaid, you will
have the right to recover any unpaid charges from me, the
registered keeper, and further states that "This notice is given
to you under Paragraph 9(2)(f) of Schedule 4 of the Protection
of Freedoms Act". Using such wording when you are aware that no
such keeper liability exists is a direct contravention of the
PPSSCoP. In light of this I require you to:
a) Immediately cancel the charge
b) Provide an explanation as to why the notice wrongly claims to
have been issued under Schedule 4 of the Protection of Freedoms
Act
I 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]
Once they respond, let us know, and even if they cancel, you
should file a complaint and escalate this to the British Parking
Association. We can draft a complaint for you. If you've already
appealed with my previously suggested wording, this is fine, but
also let us know, as I would then recommend submitting a
complaint immediately - again, we can help with this.
#Post#: 58580--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: McBeanMJ
Date: February 17, 2025, 10:25 am
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Hi,
Haven’t as yet sent a response to them - but will do so with the
template you suggest.
When it comes to filling in details on their website - like the
drop down menus - do you fill in the details of the person
appealing - or the person to whom the PCN was made? Or an
alternative? Or does it not matter?
Thanks again - glad to have found this site.
#Post#: 58585--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: DWMB2
Date: February 17, 2025, 10:35 am
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--- Quote from: McBeanMJ link ---
>
> When it comes to filling in details on their website - like
the drop down menus - do you fill in the details of the person
appealing - or the person to whom the PCN was made? Or an
alternative?
>
--- End Quote ---
The person to whom the notice is addressed should be the
registered keeper - that is the person who should be appealing
the charge. The only option selected in any drop down menu
should be "registered keeper".
Are you supporting someone else who has received the notice? If
so, the appeal should be done in their name as the keeper, not
yours.
#Post#: 58599--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: McBeanMJ
Date: February 17, 2025, 11:37 am
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My wife is the registered keeper of the vehicle - but she wasn’t
the one driving the vehicle on the day.
#Post#: 58600--------------------------------------------------
Re: Smart Parking Notice to Keeper
DIR By: DWMB2
Date: February 17, 2025, 11:40 am
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Okay - the appeal should be done in her name, being clear in any
drop downs etc. that she is the keeper not the driver. You can
of course do this for her with her permission, but it is her
details that must be on the appeal.
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