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Smart Parking Ltd
Biggie
post Tue, 12 Sep 2017 - 17:12
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Hi,

Just recieved a parking charge notice from Smart Parking ltd for parking at Aldershot Centre for Health. Car was being driven by someone else to the centre, and they went in to get coins for the car parking. Got some change and paid at the Pay machine. So l presume what was paid was not enough to cover the stipulated time driven in and the time leaving. They have sent this notice for £60 if paid within 14 days.

Having done some research can one appeal this through writing that they are the RK and was not driving the vehicle and cannot advise details of the driver?

Any assistance rendered is appreciated.

This post has been edited by Biggie: Tue, 12 Sep 2017 - 21:34
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post Tue, 12 Sep 2017 - 17:12
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ostell
post Tue, 12 Sep 2017 - 17:17
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Edit your post so that the identity of the driver is not inferred.

What was the alleged breach? Photos of the signs would help.

She can appeal this as the registered keeper but post up a copy of the Notice to Keeper, with personal identifying details removed, so that people can comment.

It's Smart so it would probably not get to court. Smart are indeed Smart and if the matteer starts to give them too much trouble they discontinue. Taking it to court costs more than they can recover.

This post has been edited by ostell: Tue, 12 Sep 2017 - 17:18
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SchoolRunMum
post Tue, 12 Sep 2017 - 18:28
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QUOTE
Having done some research can my partner appeal this through writing that they are the RK and was not driving the vehicle and cannot advise details of the driver?


Yes, good research. The keeper would win at POPLA on that basis, because Smart Parking don't use the POFA wording needed in a NTK, to hold keepers liable. Easier perhaps to just send the template first appeal for BPA members, shown in the NEWBIES thread on MSE parking forum, because sometimes Smart just cancel when they see it.

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Biggie
post Tue, 12 Sep 2017 - 18:59
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QUOTE (ostell @ Tue, 12 Sep 2017 - 18:17) *
Edit your post so that the identity of the driver is not inferred.

What was the alleged breach? Photos of the signs would help.

She can appeal this as the registered keeper but post up a copy of the Notice to Keeper, with personal identifying details removed, so that people can comment.

It's Smart so it would probably not get to court. Smart are indeed Smart and if the matteer starts to give them too much trouble they discontinue. Taking it to court costs more than they can recover.


Thanks Ostell for the reply, l have edited the post. Attached are pics of the notice. Breach was "By either not purchasing the appropriate parking time or by remaining at the car park longer than permitted"

QUOTE (SchoolRunMum @ Tue, 12 Sep 2017 - 19:28) *
QUOTE
Having done some research can my partner appeal this through writing that they are the RK and was not driving the vehicle and cannot advise details of the driver?


Yes, good research. The keeper would win at POPLA on that basis, because Smart Parking don't use the POFA wording needed in a NTK, to hold keepers liable. Easier perhaps to just send the template first appeal for BPA members, shown in the NEWBIES thread on MSE parking forum, because sometimes Smart just cancel when they see it.


Thank you SchoolRunMum
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ostell
post Tue, 12 Sep 2017 - 19:02
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As bacground for you: Smart can claim the charge from the keeper of the car even if they were not driving. The regulations that provide for this is POFA but they have to fully comply with those requirements to be successful.

Follow SRM's advice

Check the original post again, it is still obvious who was driving. Use "the driver"

This post has been edited by ostell: Tue, 12 Sep 2017 - 19:07
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Dave65
post Tue, 12 Sep 2017 - 21:31
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Remove app'nt'mt.
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ostell
post Tue, 12 Sep 2017 - 21:42
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Just realised that the charge could be because the registration number was incorrectly typed.
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