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#Post#: 65037--------------------------------------------------
Smart Parking Fine
DIR By: Benny Blanco
Date: March 31, 2025, 1:16 pm
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Hello, I was wondering if anyone could offer some advice around
a Smart Parking fine I’ve received as the keeper of the vehicle
involved.
#Post#: 65038--------------------------------------------------
Re: Smart Parking Fine
DIR By: G6PRK
Date: March 31, 2025, 1:25 pm
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Read this and update your thread accordingly:
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>
#Post#: 65039--------------------------------------------------
Re: Smart Parking Fine
DIR By: Sander333
Date: March 31, 2025, 1:25 pm
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You will not have received a fine but an invoice which you will
need to post up but redact your name and address for further
advice
#Post#: 65048--------------------------------------------------
Re: Smart Parking Fine
DIR By: Benny Blanco
Date: March 31, 2025, 1:51 pm
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I’ve hopefully uploaded this correctly?
[attachment deleted by admin]
#Post#: 65050--------------------------------------------------
Re: Smart Parking Fine
DIR By: Benny Blanco
Date: March 31, 2025, 1:56 pm
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Sorry it only uploaded the second page, this is the first page.
[attachment deleted by admin]
#Post#: 65053--------------------------------------------------
Re: Smart Parking Fine
DIR By: jfollows
Date: March 31, 2025, 2:20 pm
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Please “un-redact” dates also. They can be key to a defence.
#Post#: 65056--------------------------------------------------
Re: Smart Parking Fine
DIR By: Benny Blanco
Date: March 31, 2025, 2:34 pm
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Sorry the dates are down in the letter. 05/03/2025.
#Post#: 65071--------------------------------------------------
Re: Smart Parking Fine
DIR By: G6PRK
Date: March 31, 2025, 3:51 pm
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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.
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.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> PCN No: [PCN Number]
> Vehicle Registration Mark: [VRM]
>
> 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 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 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#: 65072--------------------------------------------------
Re: Smart Parking Fine
DIR By: jfollows
Date: March 31, 2025, 3:57 pm
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Date issued - which we can’t see - can’t be 5/3/25, it’s not
possible to “issue” a notice on the same day as the “violation”
I don’t believe.
#Post#: 65075--------------------------------------------------
Re: Smart Parking Fine
DIR By: Benny Blanco
Date: March 31, 2025, 4:05 pm
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Apologies the issues date was 11/03/2025
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