DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 68666--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 25, 2025, 11:23 am
---------------------------------------------------------
Be prepared for a wait, POPLA often take over 8 weeks to assess
cases.
When you hear back, let us know the outcome!
#Post#: 68670--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 25, 2025, 11:32 am
---------------------------------------------------------
I just did as advised
I will surely keep you posted
#Post#: 69220--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 29, 2025, 10:00 am
---------------------------------------------------------
Good afternoon
I just received this email from smart parking.
Just keeping the house updated
Thank you
Good Afternoon,
Thank you for your email.
We note the comments made and we would like to make you aware
that as you have chosen to appeal further to POPLA, we would
advise for you to await an outcome to your POPLA appeal.
We are unable to intervene at this stage.
You will receive an email confirmation when you are able to view
this information.
Kind regards,
Smart Parking Limited
#Post#: 69221--------------------------------------------------
Re: Smart Parking PCN
DIR By: DWMB2
Date: April 29, 2025, 10:04 am
---------------------------------------------------------
Half of me would be minded to escalate to the BPA for failure to
properly acknowledge your complaint.
The other half of me (which I'm leaning towards) would be minded
to wait for POPLA to make a decision. It'll be fun to see how
they respond if (as they should) POPLA confirm exactly what you
have put to them in your appeal... This also avoids the
possibility of the BPA fobbing you off with the same "wait and
see what POPLA say" argument.
#Post#: 69224--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: April 29, 2025, 10:22 am
---------------------------------------------------------
Ok I will update the house once I hear from POPLA
Thank you
#Post#: 79216--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: July 2, 2025, 7:33 am
---------------------------------------------------------
Good afternoon everyone
I just received an update from POPLA, a copy of the unsuccessful
appeal is attached.
Your advice on the next step will be appreciated.
Thank you
[attachment deleted by admin]
#Post#: 79220--------------------------------------------------
Re: Smart Parking PCN
DIR By: jfollows
Date: July 2, 2025, 7:43 am
---------------------------------------------------------
According to Michaela Sutton
Day 11 is 3 April
Day 13 is 4 April
I think there’s a problem here!
POPLA has made a big error in its calculations, hasn’t it?
#Post#: 79227--------------------------------------------------
Re: Smart Parking PCN
DIR By: b789
Date: July 2, 2025, 8:27 am
---------------------------------------------------------
I would be incandescent about this blatant example of utter
incompetence by a supposedly trained POPLA assessor. Whilst
POPLA will never change the decision, even when they make a
clear mistake, you should make a formal complaint about it which
can later be used for any defence should it ever be needed.
Try this email (and always CC yourself) [b]info@popla.co.uk[/b]
and also CC enquiry@flexibleresolutionservices.co.uk
--- Quote ---
> Subject: Formal Complaint: Gross Misapplication of PoFA by
Assessor Michaela Sutton [POPLA ref number]
>
> Dear POPLA Management,
>
> I am writing to express my utter outrage and disbelief at the
appalling standard of adjudication demonstrated by your
assessor, Michaela Sutton, in a recent appeal decision. Her
handling of a clear-cut statutory breach under Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA) was not merely
incorrect—it was legally incoherent, procedurally negligent, and
frankly, an insult to the intelligence of anyone with even a
cursory understanding of the law.
>
> The facts were not in dispute:
>
> [indent]• The parking event occurred on Sunday, 23 March 2025.
> • Day 1 of the "relevant period" under PoFA began on Monday,
24 March 2025.
> • The final day for delivery of the NTK within the "relevant
period" was Sunday, 6 April 2025.
> • The NTK was issued on Thursday, 3 April 2025, and therefore,
presumed delivered was two working days later on Monday, 7 April
2025 — Day 15 which is NOT within the "relevant
period".[/indent]
>
> Despite this, Michaela Sutton concluded that the operator had
complied with PoFA and was entitled to pursue the keeper. This
is a flagrant misapplication of Paragraph 9(5) of Schedule 4,
which requires delivery (date "given") of the NTK within 14
days—not issuance, not posting, but actual delivery. The
assessor’s own timeline confirms that this did not occur.
>
> This is not a grey area. It is not a matter of interpretation.
It is a statutory deadline, and it was missed. For an assessor
to acknowledge this and still uphold the charge is not just
incompetent—it is derelict.
>
> I demand the following:
>
> [indent]• A full and immediate review of this decision by a
legally qualified adjudicator.
> • A formal apology for the distress and wasted time caused by
this egregious error.
> • clear explanation of what disciplinary or remedial action
will be taken regarding Michaela Sutton’s conduct and
competence.
> • A commitment that assessors will be retrained on the basic
statutory requirements of PoFA, which they are clearly failing
to apply.[/indent]
>
> If POPLA wishes to retain even a shred of credibility as an
independent appeals body, it must stop enabling this level of
incompetence. Michaela Sutton’s decision is not just wrong—it is
indefensible. And if this is the standard you accept, then the
entire POPLA process is a sham.
>
> I expect a substantive response, not a generic brush-off.
>
> Yours faithfully,
>
> [your name]
--- End Quote ---
#Post#: 79237--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: July 2, 2025, 9:01 am
---------------------------------------------------------
Thank you so much
I will send the email and keep you posted
#Post#: 79870--------------------------------------------------
Re: Smart Parking PCN
DIR By: Sabab4321
Date: July 7, 2025, 5:19 am
---------------------------------------------------------
Good morning all
I received the email below from POPLA
"Hi,
Thank you for your contact.
We are sorry that you are unhappy with our service and would
like to reassure you that we take all complaints seriously.
The information has been escalated to our complaints team and
the details will be reviewed.
You should receive a response within 21 days depending on the
complexity of the information provided.
Kind Regards,
POPLA Team"
I will keep the house updated once I receive further response
from them.
Thank you
*****************************************************
Page 4 of 6
DIR Previous Page
DIR Next Page