Smart Parking - Keeper Liability query |
Smart Parking - Keeper Liability query |
Tue, 26 Mar 2019 - 00:50
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#1
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Member Group: Members Posts: 41 Joined: 23 Jul 2010 Member No.: 39,199 |
We are almost out of the 14 day period for NTK via ANPR ticket.
The machine in question was broken and inoperable. The PCN received I believe fails the requirements for a VALID POFA claim against the keeper should we fail to provide driver details. Specifically "Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full" There is no mention of driver/keeper liability at all and it just states the PCN is payable due to a believed breach in T&C's. It 100% does not say the Driver is liable for the charge, however it says "If you were not the driver of the vehicle and you wish to provide the drivers details, ... please follow instructions overleaf" Does this line cover them for advising the driver is liable to pay it? Is a standardised ANPR letter from Smart Parking worth uploading? Thanks in advance. |
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Tue, 26 Mar 2019 - 00:50
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Tue, 26 Mar 2019 - 02:08
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#2
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Member Group: Members Posts: 16 Joined: 19 Mar 2019 Member No.: 103,000 |
Hi, have a look at this post:
http://forums.pepipoo.com/lofiversion/index.php/t123350.html and this one I just did lol http://forums.pepipoo.com/index.php?showtopic=126870 |
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Tue, 26 Mar 2019 - 06:48
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#3
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
Post a copy of the PCN, suitably redacted of identifying information, but leaving in dates & times. Both sides.
Use TinyPic or Imgur to host and post the [img] codes to this thread. -------------------- Cabbyman 11 PPCs 0
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Tue, 26 Mar 2019 - 22:42
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#4
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Member Group: Members Posts: 41 Joined: 23 Jul 2010 Member No.: 39,199 |
Hi, have a look at this post: http://forums.pepipoo.com/lofiversion/index.php/t123350.html and this one I just did lol http://forums.pepipoo.com/index.php?showtopic=126870 Post a copy of the PCN, suitably redacted of identifying information, but leaving in dates & times. Both sides. Use TinyPic or Imgur to host and post the [img] codes to this thread. Thank you both |
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Wed, 27 Mar 2019 - 08:38
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#5
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
This perhaps?
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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc First class post with free certificate of posting from a post office. There are many other failures but if Smart reject then you bring those additional failures to the attention of POPLA and succeed then |
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Wed, 27 Mar 2019 - 19:51
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#6
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Member Group: Members Posts: 41 Joined: 23 Jul 2010 Member No.: 39,199 |
This perhaps? 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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc First class post with free certificate of posting from a post office. There are many other failures but if Smart reject then you bring those additional failures to the attention of POPLA and succeed then "if you were not the driver of the vehicle and you wish to provide the drivers details, lodge a dispute, appeal or query this must be made online or in writing." it doesnt simply state that the driver is liable, so i believe this phrase is a little half arsed and doesnt go far enough to be in line with POFA requirements? |
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Wed, 27 Mar 2019 - 20:16
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#7
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So there are a lot of POFA required statements missing. What you have mentioned is just a statement made in the notice, POFA doesn't forbid other statements, just those that must be there, and they have missed out a lot of the required statements
Just send that appeal and when/if rejected then throw all of them at POPLA. |
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Wed, 27 Mar 2019 - 22:31
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#8
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Member Group: Members Posts: 41 Joined: 23 Jul 2010 Member No.: 39,199 |
have done so, will see what their response is.
Thanks |
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Tue, 2 Apr 2019 - 21:20
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#9
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Member Group: Members Posts: 41 Joined: 23 Jul 2010 Member No.: 39,199 |
email back from appeal, PCN cancelled.
thanks all for your inputs, much appreciated. have passed on this info to someone else i know already to benefit! |
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