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#Post#: 68329--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 23, 2025, 11:40 am
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Good day. I have completed the POPLA appeal and sent an email to
SmartParking attaching the correspondence to it too.
Thank you
#Post#: 68605--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 25, 2025, 7:00 am
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Good day
I just received the following from POPLA
Your parking charge appeal against Smart Parking - EW.
Smart Parking - EW has now uploaded its evidence to your appeal.
This will be available for you to view by clicking here
Please note: some evidence may not show immediately, if it is
not currently available on your account please check back later
before contacting us.
You have seven days from the date of this correspondence to
provide comments on the evidence uploaded by Smart Parking - EW.
Please note that these comments must relate to the grounds of
appeal you submitted when first lodging your appeal with POPLA,
we do not accept new grounds of appeal or evidence at this stage
Any comments received after the period of seven days has ended
will not be considered and we will progress your appeal for
assessment. Therefore, if you have any issues with the evidence
uploaded by Smart Parking - EW such as being unable to view it
online, please contact POPLA immediately via phone - 0330 1596
126, or email - info@popla.co.uk, so that we can look to rectify
this as soon as possible.
After this period has ended, we will aim to issue our decision
as quickly as possible. The decision we reach is final and
binding. When the decision is reached there is no further option
for appeal.
Yours sincerely
POPLA Team
#Post#: 68608--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 25, 2025, 7:16 am
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That didn't take them long!
If you log onto the POPLA portal, a copy of their evidence pack
should be available to download. Download it, then host a copy
of it on a file-hosting platform such as DropBox or Google
Drive, and share the link with us. Make sure to redact any
personal details, but leave on relevant details like dates and
times.
#Post#: 68644--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 25, 2025, 10:25 am
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Good evening
I have downloaded the evidences and redacted
Here is the link to
HTML https://drive.google.com/drive/folders/1HPbm5QL7GRHEt0oih9iZH9xf7DLTqwcN?usp=drive_link
Thank you
#Post#: 68646--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 25, 2025, 10:28 am
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Cheers, but you need to make it public access - at the moment
it's restricted.
#Post#: 68647--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 25, 2025, 10:35 am
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I have edited the access
Kindly recheck now please
Thank you
#Post#: 68652--------------------------------------------------
Re: Smart Parking PCN
DIR By: jfollows
Date: April 25, 2025, 10:52 am
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Yes, I can read it.
You left your registration in clear text in one place, although
I’m not sure it really matters.
Smart still going on about sending the notice in time, which is
just not true.
Exactly as I said in Reply #9 above I think ……….
#Post#: 68656--------------------------------------------------
Re: Smart Parking PCN
DIR By: b789
Date: April 25, 2025, 11:01 am
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Just copy and paste this wordy rebuttal into the POPLA webform
as your response:
--- Quote ---
> Rebuttal to Smart Parking Ltd Evidence Pack
>
> The evidence pack provided by Smart Parking Ltd is not
relevant to the key point in this appeal. The only matter the
assessor needs to consider before looking at any other material
is whether Smart Parking Ltd has fully complied with all the
requirements of the Protection of Freedoms Act 2012 (PoFA) in
order to transfer liability for the parking charge from the
driver to the keeper.
>
> As is the keeper's legal right, they have declined to identify
the driver. Therefore, unless Smart Parking Ltd can show that
their Notice to Keeper was fully compliant with PoFA, the keeper
cannot be held liable.
>
> Under paragraph 9(5) of Schedule 4 of PoFA, a Notice to Keeper
must be delivered (given) within 14 days beginning with the day
after the date of the alleged parking event. The following dates
apply in this case:
>
> - The date of the alleged parking event was Sunday 23 March
2025.
> - The next day, from which the 14-day period starts, was
Monday 24 March 2025.
> - The final day of the 14-day period was Sunday 6 April 2025.
>
> Smart Parking Ltd issued the Notice to Keeper on Thursday 3
April 2025. A notice sent by post is considered to be delivered
two working days later, under paragraph 9(6) of PoFA. Counting
two working days from Thursday 3 April (which excludes Saturday
5 April and Sunday 6 April), the presumed date of delivery is
Monday 7 April 2025.
>
> This means the Notice to Keeper was deemed delivered (given)
15 days after the parking event. That is one day outside the
14-day limit (relevant period) required by law. Therefore, Smart
Parking Ltd cannot rely on PoFA to transfer liability to the
keeper.
>
> Smart Parking Ltd has submitted an evidence pack, but none of
it deals with this key issue. They have provided photographs of
signage and general terms and conditions, but that is not
relevant here. If the operator wishes to hold the keeper liable,
they must comply with PoFA. If they do not, they must pursue the
driver. As the keeper has not been identified as the driver, and
as PoFA cannot apply due to late delivery of the Notice to
Keeper, the appeal must be allowed.
>
> To summarise:
>
> - The Notice to Keeper was delivered (given) too late to
comply with PoFA.
> - The keeper has not been identified as the driver.
> - Therefore, the operator cannot hold the keeper liable.
>
> Accordingly, Smart Parking Ltd has no lawful basis to recover
the charge from the keeper, and the appeal should be upheld.
--- End Quote ---
#Post#: 68660--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 25, 2025, 11:06 am
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--- Quote ---
> In the Appellants appeal to POPLA the appellant states “Find
attached the full appeal document”
--- End Quote ---
;D Just in case you needed evidence that they don't even bother
to properly read POPLA appeals before submitting responses.
#Post#: 68662--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 25, 2025, 11:20 am
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Thank you
I will do as advised
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