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#Post#: 65781--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 5, 2025, 9:13 am
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Noted
I will keep you posted
Thank you
#Post#: 66265--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 9, 2025, 6:14 am
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Good day I tried to appeal this PCN via the website but anytime
I enter the vehicle registration number, I keep getting the
error attached.
I didn't want to send an email as instructed but telling the
house to know if it is the right thing to do
Any advice will be appreciated.
Thank you
[attachment deleted by admin]
#Post#: 66267--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 9, 2025, 6:27 am
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I tried to appeal via mobile but the error message attached
shows a number to call
Kindly advise on the next step
Thank you
[attachment deleted by admin]
#Post#: 66277--------------------------------------------------
Re: Smart Parking PCN
DIR By: b789
Date: April 9, 2025, 6:48 am
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Just email it to complaints@smartparking.com and CC yourself.
#Post#: 66290--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 9, 2025, 7:22 am
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Ok thank you
#Post#: 68260--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 23, 2025, 6:56 am
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Good day
I just received a letter from smart denying my appeal.
Attached is a copy of the letter
#Post#: 68267--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 23, 2025, 7:04 am
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Here's a version where your full name and home address aren't
able to be copied and pasted from behind your redactions:
HTML https://i.imgur.com/NCGqvVT.png
HTML https://i.imgur.com/KBTtBHD.png
#Post#: 68270--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 23, 2025, 7:17 am
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Your next steps are:
- A POPLA appeal
- A formal complaint to Smart Parking about their
misrepresentation of their position
Your POPLA appeal can be worded as below. For your reason for
appeal on the online portal, simply choose 'Other'. If it asks
for your relationship to the vehicle, simply select 'Registered
Keeper'. Create your appeal as a PDF document, and attach it to
the portal under supporting evidence. In the actual appeal box,
just put something along the lines of "Find attached the full
appeal document".
--- Quote ---
>
> [center]POPLA Appeal[/center]
> [center][NAME] (Registered Keeper) (Appellant)[/center]
> [center]-Vs-[/center]
> [center]Smart Parking (Operator)[/center]
> Vehicle Registration Mark:[VRM]
> POPLA Reference Code: [POPLA REFERENCE]
> Parking Charge Notice Number: [PCN REFERENCE]
>
> Case Overview:
> I, [NAME], the registered keeper (“I”/“the Appellant”) of the
above vehicle (VRM: _______), received a parking charge notice
via post from Smart Parking (“the Operator”), which purported to
be a Notice to Keeper. I appealed to the Operator, who
acknowledged and subsequently rejected my appeal. It is my
position that as the registered keeper of the vehicle I have no
liability for the parking charge, and that my appeal should
therefore be upheld. My appeal is on the following grounds:
>
> 1. No keeper liability: the Parking Charge Notice does not
comply with the requirements of Schedule 4 of the Protection of
Freedoms Act (“PoFA”/“the Act”):
> The operator does not not know the identity of the driver and
is therefore seeking to recover the charge from me, the
registered keeper of the vehicle. In order to be able to recover
any unpaid charges from me as the registered keeper, the
operator must comply with the requirements outlined in Schedule
4 of the Protection of Freedoms Act 2012. Smart Parking have
failed to do so.
>
> They have failed to deliver the notice to keeper within the
relevant period of 14 days beginning with the day after that on
which the specified period of parking ended, as specified by
9(5) of the Act.
>
> Date of Parking: 23/03/2025
> Date of PCN issue: 03/04/2025
> Date of presumed service (2 working days after issue, as per
9(6) of the Act): 07/04/2025
> Elapsed time period: 15 days
>
> As Smart Parking are unable to rely on the provisions of PoFA
to hold me liable as the keeper, and as there is no evidence as
to who was driving, I cannot be held liable for the charge, and
my appeal should be upheld.
>
> 2. Breach of the PPSSCoP - Misrepresentation
>
> The parking charge notice issued by Smart Parking claimed that
they would be able to hold me liable as the registered keeper,
under the provisions of Schedule 4 of the Protection of Freedoms
Act, despite the fact they were aware (or ought to have been
aware) that they had not complied with the relevant conditions
to do so. Following my appeal pointing this out, Smart Parking
doubled down on their stance, claiming that the charge was
'issued within the 14 days required under POFA 2012', despite
the fact that PoFA requires the notice to be given (that is,
delivered) within 14 days, not merely issued within 14 days.
>
> This repeated misrepresentation is in direct contravention of
section 8.1.1 (d) of the Private Parking Sector Single Code of
Practice, which states:
>
> [indent]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]a) implies or would cause the recipient to infer
statutory authority where none
> exists;
> b) deliberately resembles a public authority civil enforcement
penalty charge
> notice;
> c) uses prohibited terminology as set out in Annex E; or
> d) state the keeper is liable under the Protection of Freedoms
Act 2012 where they cannot be held liable.[/indent][/indent]
>
> For the reasons outlined above, it is clear that as the
registered keeper I have no liability for this charge, and I
request that my appeal is upheld.
--- End Quote ---
#Post#: 68271--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 23, 2025, 7:21 am
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Thank you so much for the redaction
I will keep the house posted
#Post#: 68272--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 23, 2025, 7:26 am
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Please confirm when you have successfully submitted your POPLA
appeal.
A suggested wording for your complaint is below. It should be
sent to mailto:complaints@smartparking.com
complaints@smartparking.com. I would attach to this a copy of
the correspondence you have shared with us today.
They will probably fob you off in their response, but the goal
here is to ultimately escalate the complaint to the British
Parking Association.
--- Quote ---
> Subject: Formal Complaint, PCN #[REFERENCE]
>
> Dear Sirs,
>
> For the avoidance of doubt, this is not an appeal against a
parking charge (one has been submitted separately) but is
instead a formal complaint regarding your handling of my case.
>
> I am writing to make a formal complaint about your
correspondence in respect of PCN #[REFERENCE], which amounts to
a breach of the Private Parking Sector Single Code of Practice
(PPSSCoP) and, by virtue of this, your KADOE contract with the
DVLA.
>
> Following receipt of your PCN, I appealed as the registered
keeper, pointing out that due to your failure to deliver a
Notice to Keeper within the relevant period of 14 days as
required by Schedule 4 of the Protection of Freedoms Act (PoFA),
you are unable to recover the charge from me as the keeper. You
responded with a letter dated [DATE], which is attached, falsely
claiming that the notice was issued under PoFA. In the letter
you claim:
>
> [indent]"the Parking Charge was promptly issued within the 14
days required under POFA 2012"[/indent]
>
> As you will know, paragraph 9(4) of PoFA is clear that the
notice must be given (that is, delivered), within 14 days, not
merely issued within 14 days.
>
> By falsely claiming otherwise, you are in breach of the
PPSSCoP and the KADOE contract for the following reasons:
>
> 1. Breach of the PPSSCoP
> Section 8.1.1 of the PPSSCoP states:
>
> [indent]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]
>
> In the appeal, I explained that Smart Parking had failed to
serve a notice compliant with the requirements of PoFA, having
given the notice outside of the relevant period of 14 days. You
then responded on [DATE] with the attached letter, claiming the
ability to recover the charges from me under PoFA. This is a
deliberate misrepresentation, and a breach of 8.1.1 of the
PPSSCoP.
>
> As per Annex H of the PPSSCoP, this constitutes at least a
Level 1 sanction for non-conformance.
>
> 2. Breach of the KADOE Contract
> Clause C1.1 of your KADOE Contract with DVLA states:
>
> [indent]The Customer shall ensure that signage, terms and
conditions of service for parking customers and correspondence
with data subjects comply with the Law and with the requirements
of the ATA’s Code of Practice or Conduct.[/indent]
>
> By knowingly and falsely claiming compliance with PoFA, you
have failed to comply with the terms of your KADOE contract,
bringing into question your suitability to have access to
sensitive registered keeper data.
>
> As a result of these serious failings you should:
>
>
- Confirm that the parking charge has been cancelled and that no
further action will be taken
>
- Explain why your correspondence falsely claims the ability to
recover charges under PoFA when you are, or ought to be, fully
aware this is not true
>
- Issue a formal apology
>
>
> I expect a response to my complaint within 14 days. Following
your response, I reserve the right to escalate this matter to
the British Parking Association, and the DVLA.
>
> Yours etc...
--- End Quote ---
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