Smart? Ticket, Airport pub Options

[whjohnson]

Friend's car was issued with a ticket from Smart for an overstay at the airport pub Manchester.
The thing is, the driver wasn't driving because they were still in the aircraft on a return flight which had been delayed. I gather that the keeper is not legally obligated to name the driver so the keeper won't be doing so.

Date of incident 20/02/19

NTK dated 07/03/19

Reason given - driver did not comply with T & Cs as advertised on the signs at the car park and either did not purchase a ticket, or remained for longer than time purchased.

Been trying to find pictures of signage but no joy.

Alleged overstay period, not sure. I think the driver paid for one hour but I think there was an 18 minute overstay due to the flight being delayed.

Cannot recall exactly when NTK arrived at keeper's address but I think it was either the 8th or 9th of March.

Pay within 14 days at £60 or will revert to the usual £100.

As of yet, no correspondence has been entered into.
I see that Smart are no longer BPA so popla is out.

The keeper has evidence of being on the flight because they fortunately kept their boarding pass. This gives the time of departure but does not give the delayed arrival time.
Is this relevant?
Comments/advice welcome

This post has been edited by whjohnson: Mon, 18 Mar 2019 - 12:58

[Advertisement]

[ostell]

With no windscreen ticket then the NTK has to arrive within 14 days.

Your post is confusing, "the driver wasn't driving" what else could he be doing other than driving. I presume you mean the keeper was not driving and he was the one on the plane.

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not driving , and have documents to verify this, and as there is no legal requirement to name the driver at the time I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post with free certificate of posting from a post office
On web page but take a screen print at every stage and make sure appeal is from keeper.

[whjohnson]

Thank you for your response.
Apologies for the confusion - you are correct in your assumption.

Another thing - if it makes a difference - the car park in question is ANPR and no physical ticket was attached to the windscreen, merely 2 x screen grabs from the ANPR.

Not sure but does this make a difference to the NTK delivery time period?

[ostell]

Windscreen ticket does make a difference on the timings. With a windscreen ticket the Notice to keeper has to be delivered between day 28 to 56, without a ticket then it has to be delivered within 14 days, with an assumption of 2 working days between sending and delivery.

In your case the sending was the 7th, a Thursday, and therefore presumed delivered on the following Monday, the 11th. that is 19 days after the event.

Here's POFA. Paragraph 8 if there was a windscreen ticket otherwise paragraph 9

[whjohnson]

Ok, Thanks for the clarification.
I'll get the letter off to them as you posted.

[whjohnson]

Just another quick question before I send.
Would it be a good idea at this stage to provide an accompanying photocopy of the flight boarding card at this stage?
It does provide the arrival time but the scheduiled landing time was delayed. No idea if a record of the actual landing time is available.
One thing is for certain,my friend cannot have been driving at the time the vehicle departed thew car park, because it was then on it's way to pick them up.

This post has been edited by whjohnson: Mon, 18 Mar 2019 - 22:13

[ostell]

Don't add anything to the letter

[Dennis Basher]

I see that Smart are no longer BPA so popla is out.

Smart Parking Limited are on the BPA's March 2019 list of AOS Operators and so they should be offering POPLA - if it were ever to come to that (Smart usually cave in at the slightest whiff of trouble).

https://www.britishparking.co.uk/BPA-Approved-Operators

[whjohnson]

Dennis you are correct - On the notice it mentions the IAS but then goes on to state that popla is indeed available should any appeal be rejected.

I thought IAS was the other lot who are anything BUT independent!

Apologies once again for any confusion.

[whjohnson]

Just a quick update - letter received today from Smart informing us that the notice/ticket has been cancelled.

Many thanks to Ostell for the letter.

Much appreciated.
Cheers!