DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 65743--------------------------------------------------
Smart Parking PCN
DIR By: Sabab4321
Date: April 5, 2025, 6:15 am
---------------------------------------------------------
The driver dropped a family at this residential house on the
said date and was on a call for around 4 mins before driving
away from the parking spot.
The driver never stepped out of the car nor see the parking
warning
Attached is the PCN
Kindly assist with this case
Thank you
[attachment deleted by admin]
#Post#: 65750--------------------------------------------------
Re: Smart Parking PCN
DIR By: jfollows
Date: April 5, 2025, 6:46 am
---------------------------------------------------------
Contravention date: 23 March
Issue date: 3 April
Presumed delivery date: 7 April
14 days after contravention date: 6 April
Check my calculations
Smart will say that it was posted in time, but that’s because
they’re stupid or deliberately misrepresent the requirements of
PoFA in which the liability can only be transferred from the
unknown driver to the known keeper if served on the latter in
time. It seems that this notice wasn’t.
#Post#: 65753--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 5, 2025, 6:57 am
---------------------------------------------------------
What do you advise since the 14 days expired before getting the
letter
#Post#: 65755--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 5, 2025, 6:57 am
---------------------------------------------------------
Can we please see the back of the notice?
As noted above there will be an appeal based on the dates, but
for obvious reasons you'll need to wait until after 7th April to
do so
#Post#: 65756--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 5, 2025, 6:59 am
---------------------------------------------------------
Here is the back of the letter
Thank you
[attachment deleted by admin]
#Post#: 65763--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 5, 2025, 7:12 am
---------------------------------------------------------
So they are wrongly claiming the ability to hold you liable as
the keeper. You should in due course complain to them about
that, which we can advise on.
In the meantime, the first thing to do is appeal. Don't do this
until Tuesday 8th April.
[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 claim to be able to hold me liable under
Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"),
but this is not true. You have failed to deliver the notice
within the relevant period of 14 days as required by paragraph
9(4) of the Act.
Date of parking: 23/03/25
Date of issue: 03/04/25
Date of presumed service under 9(6) of the Act: 07/04/25
Days elapsed: 15 days
I am appealing as the registered keeper. 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.
But as above, not until 8th April!
#Post#: 65765--------------------------------------------------
Re: Smart Parking PCN
DIR By: b789
Date: April 5, 2025, 7:14 am
---------------------------------------------------------
The Notice to Keeper (NtK) has not been "given" (Delivered)
within the PoFA 9(4)(b) relevant period of 14 days. Irrespective
of anything else on the NtK, they cannot hold the Keeper liable
and they have no idea who the driver is unless the Keeper blabs
it inadvertently or otherwise.
Easy one to deal with… 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.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- 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 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#: 65766--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 5, 2025, 7:15 am
---------------------------------------------------------
Ok thank you so much
I will do as instructed
#Post#: 65767--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 5, 2025, 7:22 am
---------------------------------------------------------
Either of the above will do but the important thing is not to
appeal too early!
#Post#: 65776--------------------------------------------------
Re: Smart Parking PCN
DIR By: jfollows
Date: April 5, 2025, 8:55 am
---------------------------------------------------------
Remember, Smart will reject your appeal “having considered your
appeal in detail” and incorrectly state that they comply with
PoFA because they posted the notice within 14 days, but will
provide a POPLA code, which will need to be used but the basis
of the appeal is already here, and POPLA will cancel.
Smart does this because there’s little downside to rejecting
valid appeals because plenty of people pay up at that point.
They only care about getting your money, and if this requires
them to tell untruths in order to get it, they don’t care.
*****************************************************
Page 1 of 6
DIR Next Page