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Lastlegs
Please can anyone advise before we appeal through POPLA?
Received a PCN through the post to the Keeper of vehicle having parked in a pub car park. Never been there before and did not notice any signs outside. We did see a small sign on a beer pump telling us to enter our car reg no. on a tablet to avoid a parking charge, so we did.
Smart Parking have upheld our online appeal. We have a receipt to prove we ate at the pub during the period we were parked there.
How do we request evidence to prove we didn't enter our car reg, as there was no ticket or receipt given?
Jlc
Did you tell them who was driving?
ostell
Do you mean rejected your appeal ?
Lastlegs
No they don't know who was driving. After an appeal on their website they have sent a letter saying they have upheld the charge and given a POPLA code.
Jlc
Well assuming this is standard Smart NtK then there's no keeper liability established.

An appeal to POPLA on this basis should succeed, i.e. they have not utilised Protection of Freedoms Act to hold the keeper liable and they do not know who was driving = no liability.
ostell
So post up the PCN, suitably redacted but leave dates

Contact the pub and complain that you went there for a meal followed their parking procedures and still ended up with charge.

Lastlegs
Contacted the pub, they said it's the landowner (the Brewery) who put the tablet on the bar, but that they would be happy to verify we were customers(we have a receipt).
Contacted the brewery, they said they only own the freehold and do not have day to day control of the operation and do not get involved with Smart Parking.
But I want to know how we challenge Smart Parking's assertion that the car reg was not entered on the tablet? If they don't issue a ticket, it is their word against the customers and reading their reviews on Trip Advisor we are not the only people who have fallen victim to this.

I will upload the PCN if I can work out how to remove personal details from the file!
Steve_999
QUOTE (Lastlegs @ Mon, 5 Aug 2019 - 20:31) *
. . . . . .

Smart Parking have upheld our online appeal.
. . . . . .


Not sure what the problem is in that case?
Lastlegs
No, sorry, I mean Smart parking have upheld their charge of £60!
ostell
QUOTE (Lastlegs @ Tue, 6 Aug 2019 - 15:46) *
Contacted the pub, they said it's the landowner (the Brewery) who put the tablet on the bar, but that they would be happy to verify we were customers(we have a receipt).
Contacted the brewery, they said they only own the freehold and do not have day to day control of the operation and do not get involved with Smart Parking.

So who the heck has the contract with Smart !!!

Strips of paper over the sensitive data and then photograph and then onto here perhaps?
Glacier2
Smart will fold if a half way coherent appeal is sent to POPLA.
Lastlegs
I have tried to scan the small print - it is VERY small.

Click to view attachment
ostell
Yep multiple POFA fails. Here's POFA, check out Paragraph 9 which says what should be on the notice. THere's a lot missing !!!

For a starter try this appeal:

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 mail with free certificate of posting from a Post office

When you get your POPLA code than appeal to POPLA with ALL the fails
Lastlegs
OK, thank you for your help Ostell.
ManxRed
QUOTE (Lastlegs @ Tue, 6 Aug 2019 - 15:46) *
Contacted the brewery, they said they only own the freehold and do not have day to day control of the operation and do not get involved with Smart Parking.



Ooohhh, what's that smell?




B*llsh*t. That's what the smell is.

As mentioned, you should see them off at POPLA. Then feel free to leave a nice review somewhere online. The Brewery might suddenly remember something about the fact that they contracted Smart, you never know.
Lastlegs
Thanks for the support which gave me the confidence to appeal through POPLA. Smart Parking have withdrawn from the process so it's a huge relief!
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