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Canonuser
Hi,

First ever time here and first ever parking ticket.

Just received a parking charge notice from Smart Parking and it says the following.

"not purchased the appropriate parking time or remained in the car park longer than permitted"

This was for parking in a car park in Snowdonia 3 weeks ago.

The car entered the car park at 8am and left at 1pm the same day.

The car park sign is £8 for all day and £5 for after 2pm.

The driver paid £8 on their debit card and then displayed the ticket.

The driver is always very careful where they park and have a photo of the sign and just to reassure themselves they used the Ringo app earlier as if they were at the location today and it backs up the above prices

They have a bank statement stating an £8 payment to Smart parking for that day.

Do they just appeal as per their online process or another procedure?

Thanks in advance
Jlc
It's almost certain that they are not using the Protection of Freedoms Act to hold the keeper liable.

If so, forget having a discussion with them about whether it's right or wrong as there's an easy technical win with the right words.

Is it possible the registration was not entered correctly? (Or a zero entered instead of an O for example)
Canonuser
QUOTE (Jlc @ Wed, 2 Sep 2020 - 16:20) *
It's almost certain that they are not using the Protection of Freedoms Act to hold the keeper liable.

If so, forget having a discussion with them about whether it's right or wrong as there's an easy technical win with the right words.

Is it possible the registration was not entered correctly? (Or a zero entered instead of an O for example)


Pretty sure I inputted my reg correctly into the machine.

No zero's or O's to mistake.

What is the easy technical win way then?

Cheers
ostell
So what's the date on the letter and the date of the alleged breach?

It usually helps to post a redacted copy the th NTK, but leave dates
Jlc
QUOTE (Canonuser @ Wed, 2 Sep 2020 - 16:24) *
What is the easy technical win way then?

For starters they had to deliver it within 2 weeks to even attempt keeper liability.

As noted, post a redacted copy of the notice so we can confirm exact appeal wording.
Canonuser
QUOTE (ostell @ Wed, 2 Sep 2020 - 16:31) *
So what's the date on the letter and the date of the alleged breach?

It usually helps to post a redacted copy the th NTK, but leave dates


The date on the letter is 27/08 and the alleged breach is the 12/08.

QUOTE (Jlc @ Wed, 2 Sep 2020 - 16:38) *
QUOTE (Canonuser @ Wed, 2 Sep 2020 - 16:24) *
What is the easy technical win way then?

For starters they had to deliver it within 2 weeks to even attempt keeper liability.

As noted, post a redacted copy of the notice so we can confirm exact appeal wording.


Well it arrived today, 21 days after and the date is 15 days after.

I will upload a photo asap
ostell
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



Smart normally accept appeals but if they dont then post up that redacted NTK so that everyone xan look for the other failures to take to POPLA
Canonuser
QUOTE (ostell @ Wed, 2 Sep 2020 - 17:04) *
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



Smart normally accept appeals but if they dont then post up that redacted NTK so that everyone xan look for the other failures to take to POPLA


Where would I send the above to? Their online appeals site?

Cheers

ostell
To the adress on the NTK but get a certificate of posting from a post office
Or on their webpage taking a screenprint of every page
Canonuser
QUOTE (ostell @ Wed, 2 Sep 2020 - 17:19) *
To the adress on the NTK but get a certificate of posting from a post office
Or on their webpage taking a screenprint of every page



Shall do thanks.

I will try and upload a photo of the notice later.
Canonuser
Click to view attachment

Alleged breach. 12/08.

Ticket printed. 27/08.

Ticket received. 2/09.
ostell
They have failed several points of POFA which will help with the POPLA appeal, if required
Canonuser
QUOTE (ostell @ Fri, 4 Sep 2020 - 09:57) *
They have failed several points of POFA which will help with the POPLA appeal, if required


Thanks, so I just have to send the text above as quoted by yourself earlier and all should be good?

Thanks for your help.

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