Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Inini on May 10, 2025, 10:25:03 am

Title: Re: Smart Parking (unfair) charge notice
Post by: Inini on May 12, 2025, 11:16:15 am
Hi DWMB2

Thank you for your prompt response. I have applied today.

Title: Re: Smart Parking (unfair) charge notice
Post by: DWMB2 on May 10, 2025, 03:14:12 pm
Thanks. Unlike some of Smart's recent notices we've seen, they aren't even claiming the ability to hold you liable as the keeper.

You can appeal with the below, as the keeper only, choosing "other" as the reason for appeal:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
Title: Re: Smart Parking (unfair) charge notice
Post by: Inini on May 10, 2025, 12:00:17 pm
Hello
Yes, that is what I mean ( on phone so difficult to post)

I am the register keeper of the car, PSA the back of the parking charge.
Thanks

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Title: Re: Smart Parking (unfair) charge notice
Post by: DWMB2 on May 10, 2025, 10:37:18 am
I assume you mean Schedule 4 of the Protection of Freedoms Act (PoFA), not the Freedom of Information Act (FOIA).

A couple of clarifications before we advise on an appeal.

Title: Re: Smart Parking (unfair) charge notice
Post by: Inini on May 10, 2025, 10:25:03 am
Hello, I believe I can appeal to the parking charge received due to the non-compliance of sch.4 of FOIA and the lapse of time? Could you please advise.

Many thanks

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