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#Post#: 70761--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: Inini
Date: May 10, 2025, 4:25 am
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Hello, I believe I can appeal to the parking charge received due
to the non-compliance of sch.4 of FOIA and the lapse of time?
Could you please advise.
Many thanks
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#Post#: 70762--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: May 10, 2025, 4:37 am
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I assume you mean Schedule 4 of the Protection of Freedoms Act
(PoFA), not the Freedom of Information Act (FOIA).
A couple of clarifications before we advise on an appeal.
- Are you the registered keeper (ie not a lease car)?
- Can you please show us the back of the notice?
#Post#: 70772--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: Inini
Date: May 10, 2025, 6:00 am
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Hello
Yes, that is what I mean ( on phone so difficult to post)
I am the register keeper of the car, PSA the back of the parking
charge.
Thanks
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#Post#: 70787--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: May 10, 2025, 9:14 am
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Thanks. Unlike some of Smart's recent notices we've seen, they
aren't even claiming the ability to hold you liable as the
keeper.
You can appeal with the below, as the keeper only, choosing
"other" as the reason for appeal:
[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 are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
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.
#Post#: 70997--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: Inini
Date: May 12, 2025, 5:16 am
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Hi DWMB2
Thank you for your prompt response. I have applied today.
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