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bdav
Hi all,

I have received the attached PCN from Smart Parking.

Can I confirm my understanding that Smart Parking do not follow POFA 2012 with regards to Notice to Keeper Liability, so I can appeal with the standard template regularly posted by ostell et al.?

Furthermore, you'll notice that the PCN was received outside the 14 days as stated in POFA 9 (5), so I can mention that too?

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 you 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


Many thanks in advance.

Click to view attachment
Click to view attachment
ostell
Go for the not within the relevant period as this is absolute, unless this was a hire car.

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.

There is no legal requirement to name the driver at the time and 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




You can then throw in all the other fails at POPLA if they reject and give you a POPLA code.
bdav
Ostell,

Thanks very much.
Just for my understanding, isn't the "relevant period" section 9 (5), not 9 (4)?

Edit:
Ah, i see that 9 (4) mentions "the relevant period" and 9 (5) specifies what "the relevant period" actually is.
ostell
you got it in the end: 9 (4) is the condition that must be met, 9 (5) defines that period. So they have failed to meet the condition define in 9 (4)
bdav
Does anyone have any rough idea of how long i can expect to wait for a reply?

Thanks
bdav
Hi Again

I appealed this PCN NTK via the Smart Parking website 1 month ago, and have received no reply.
Do they have a limited time to consider the appeal?
What are my options/next steps?

Thanks.
ostell
Here is the BPA Code of practise on the matter:

You must acknowledge or reply to the appeal within 14
days of receiving it. If at first you only acknowledge the
appeal, or your reply does not fully resolve it, normally
we would expect you to seek the additional information
you require from the motorist and accept or reject
the appeal in writing not more than 35 days after the
information required to resolve it has been received
from the motorist. It is acknowledged that in exceptional
circumstances, an investigation into a appeal may take
longer than 35 days after such information has been
received and in these instances the motorist must be
advised accordingly and given a date by which they
can expect a resolution. If this date cannot be achieved
then the motorist must be written to again and a
revised resolution date agreed. We may require you to
demonstrate that you are keeping to these times

Make of it what you will. Just sit on it for another 28 days then complain to the BPA
travelman
Hi all,

newbie to this forum but i wish id found it before!

So i too have received a PCN from Smart Parking after being caught on their ANPR. I had entered the car park but having seen the signs decided not to park there. there is however a decision lag here which meant that the images show entrance and exit being 11 mins apart.

I have appealed to Smart Parking asking them for more evidence that proves i parked there at all and not just drove through. I also asked them to provide an image of the sign that details all of the T&Cs but have of course seen nothing from them, just a reinforcement that i did not buy a ticket and therefore the PCN stands

I've read the above condition regards POFA and wondered if i can still appeal through POPLA on that basis and the fact that i hadnt actually parked for a meaningul period of time.

Does anyone think im wasting my time in doing so and just suck up the £60 as a lesson learned.

Im concious that in my prior correspondance with them they can infer that I am not just the keeper but also the driver at the time,

Appreciate any help
nosferatu1001
This isn't your thread; in effect you're barging into a group having a conversation about one topic and you're now shouting saying "hey can we talk about me now?"
Please start your own thread, and don't post in this one any further
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