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Smart Parking-PCN Advice
parkingmad01
post Fri, 11 Jan 2019 - 11:21
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Hi,
We received a PCN from Smart Parking through the post yesterday for parking in what used to be a public car park behind Energie Fitness in Sheldon but is now apparently controlled by Smart Parking.
I have read lots of posts about appealing these but not so many recent ones.
So I just wanted to know if the appeal based on the registered keeper not being held responsible is still valid (Schedule 4 of POFA 2012) and that the driver's details do not need to be produced to Smart Parking.
Or should the registered keeper appeal and explain the situation, which is the driver was not aware of the change of hands of the car park as had been using it for years.

I have scanned the PCN in and redacted the personal info both sides are attached.

Please advise if more info is required

Many thanks

Parkingmad
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post Fri, 11 Jan 2019 - 11:21
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Jlc
post Fri, 11 Jan 2019 - 11:55
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QUOTE (parkingmad01 @ Fri, 11 Jan 2019 - 11:21) *
So I just wanted to know if the appeal based on the registered keeper not being held responsible is still valid (Schedule 4 of POFA 2012) and that the driver's details do not need to be produced to Smart Parking.

This.

QUOTE (parkingmad01 @ Fri, 11 Jan 2019 - 11:21) *
Or should the registered keeper appeal and explain the situation, which is the driver was not aware of the change of hands of the car park as had been using it for years.

Not this - they don't care. They're in it for the money only.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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parkingmad01
post Fri, 11 Jan 2019 - 12:36
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Thanks Jlc.
So the registered keeper will appeal using the following text as suggested by SchoolRunMum in another post on this forum in 2017:

I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.

There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.

This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''

Send me a POPLA code if you disagree.
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Jlc
post Fri, 11 Jan 2019 - 13:04
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That'll do. Expect them to cancel...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Fri, 11 Jan 2019 - 15:10
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Or this, where it states the failure.

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


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parkingmad01
post Fri, 11 Jan 2019 - 17:16
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Awesome, will let the end date get a bit closer then lodge the appeal.
Thanks both Jlc and ostell for your guidance.
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Jlc
post Fri, 11 Jan 2019 - 17:25
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No need to wait.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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cabbyman
post Sat, 12 Jan 2019 - 00:41
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+1. Send it now.


--------------------
Cabbyman 10 PPCs 0
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parkingmad01
post Fri, 25 Jan 2019 - 17:13
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Hi all,
Just had confirmation that the PCN has been cancelled. biggrin.gif
Once again thank you all for your help and advice, much appreciated!
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cabbyman
post Fri, 25 Jan 2019 - 20:30
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Brilliant! Well done!


--------------------
Cabbyman 10 PPCs 0
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potholeblues29
post Thu, 16 May 2019 - 17:08
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deleted

This post has been edited by potholeblues29: Thu, 16 May 2019 - 22:00
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ostell
post Thu, 16 May 2019 - 19:51
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Follow the rules and start your own thread and don't hijack someone else's. It only causes confusion and can result in incorrect advice.
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