3. Parking Fine (smart)
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Re: Parking Fine (smart)
« Reply #15 on: »
Assuming you're suitably authorised to appeal on the company's behalf, yes.

If they reject, they should provide a POPLA code with the rejection. You could always end it with: "If you reject this appeal, you must issue a POPLA code"
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Re: Parking Fine (smart)
« Reply #16 on: »
Quote from: DWMB2 on July 16, 2024, 12:47:33 pm
Assuming you're suitably authorised to appeal on the company's behalf, yes.

If they reject, they should provide a POPLA code with the rejection. You could always end it with: "If you reject this appeal, you must issue a POPLA code"

Company won't do it on my behalf its been left for me to deal with...
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Re: Parking Fine (smart)
« Reply #17 on: »
Quote from: Wolves123321 on July 16, 2024, 12:40:53 pm
We note from your correspondence that you have chosen not to do this.

If they reject for whatever reason do I then request a popla code?

Not quite. It's not that they have chosen not to comply. They are too thick to understand that they must comply with the requirement in paragraph 14(2)(a) if they want to be able to hold the Hirer liable. Have a read of 14(2)(a) for yourself and see where they failed to comply:

PoFA 2012

So, they have "failed" to do so, not "chosen" to do so.

Regarding the POPLA code, I would still add that they should cancel the PCN or issue the POPLA code where you know they will auto-withdraw.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking Fine (smart)
« Reply #18 on: »
Quote from: Wolves123321 on July 16, 2024, 12:52:21 pm
Quote from: DWMB2 on July 16, 2024, 12:47:33 pm
Assuming you're suitably authorised to appeal on the company's behalf, yes.

If they reject, they should provide a POPLA code with the rejection. You could always end it with: "If you reject this appeal, you must issue a POPLA code"

Company won't do it on my behalf its been left for me to deal with...
Try reading what you quoted - this time more carefully!
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There are motorists who have been scammed and those who are yet to be scammed!
Re: Parking Fine (smart)
« Reply #19 on: »
Quote from: The Rookie on July 16, 2024, 01:04:34 pm
Quote from: Wolves123321 on July 16, 2024, 12:52:21 pm
Quote from: DWMB2 on July 16, 2024, 12:47:33 pm
Assuming you're suitably authorised to appeal on the company's behalf, yes.

If they reject, they should provide a POPLA code with the rejection. You could always end it with: "If you reject this appeal, you must issue a POPLA code"

Company won't do it on my behalf its been left for me to deal with...
Try reading what you quoted - this time more carefully!
OK so I'm not authorised to do so, company won't on my behalf. What should I do?
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Re: Parking Fine (smart)
« Reply #20 on: »
I don't want to give the company any reason to name the driver
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Re: Parking Fine (smart)
« Reply #21 on: »
Quote from: Wolves123321 on July 16, 2024, 01:07:32 pm
OK so I'm not authorised to do so, company won't on my behalf. What should I do?
I think you may need to speak to your company and ensure they understand what the current situation is. As it is the company who is named on the notice, it is them who are responsible for dealing with it. You are unable to deal with it as Smart Parking won't deal with you - your company can't expect you to deal with a notice addressed to them, if they won't authorise you to respond on their behalf.

If they (in whatever capacity) send the appeal I suggested further up this thread, there's a very good chance the charge will be cancelled.

Quote
It's not that they have chosen not to comply.
I'd argue that if they've still not got to grips with PoFA after 12 years, that is a deliberate choice on their part, but I do see what you mean ;D
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Re: Parking Fine (smart)
« Reply #22 on: »
Quote from: DWMB2 on July 16, 2024, 01:19:32 pm
Quote from: Wolves123321 on July 16, 2024, 01:07:32 pm
OK so I'm not authorised to do so, company won't on my behalf. What should I do?
I think you may need to speak to your company and ensure they understand what the current situation is. As it is the company who is named on the notice, it is them who are responsible for dealing with it. You are unable to deal with it as Smart Parking won't deal with you - your company can't expect you to deal with a notice addressed to them, if they won't authorise you to respond on their behalf.

If they (in whatever capacity) send the appeal I suggested further up this thread, there's a very good chance the charge will be cancelled.

Quote
It's not that they have chosen not to comply.
I'd argue that if they've still not got to grips with PoFA after 12 years, that is a deliberate choice on their part, but I do see what you mean ;D

Thank-you I've asked permission to appeal on their behalf. I just don't want them to take the easy way out and name the driver to wash their hands with it
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Re: Parking Fine (smart)
« Reply #23 on: »
Quote from: Wolves123321 on July 16, 2024, 01:17:49 pm
I don't want to give the company any reason to name the driver
The company don't know who the driver was so they can't. All they can contend is that you were the day to day keeper. Anyone can drive any car as long as they have third party insurance to do so with permission of the keeper.

The whole point of this is that the driver is unknown to anyone but the keeper/hirer and they are under no legal obligation to identify that person.

Does your company have a company car department or someone who deals with this? Why can't you approach whoever is in charge and explain the situation as we have done to you?
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking Fine (smart)
« Reply #24 on: »
OP, you posted: Thanks all, the driver recieved an email from company yesterday. ...

And what did this say?

Your company aren't interested in the finer points of PoFA etc. etc, they want the matter fixed by you would be my guess. They don't want to embark upon protracted appeals, letters from debt recovery companies and what have you, they want it dealt with. And not wanting to get engaged extends to not authorising an employee to act on their behalf...

..is my reading.

C'est la vie. 
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Re: Parking Fine (smart)
« Reply #25 on: »
Quote from: Wolves123321 on July 16, 2024, 01:07:32 pm
Quote from: The Rookie on July 16, 2024, 01:04:34 pm
Quote from: Wolves123321 on July 16, 2024, 12:52:21 pm
Quote from: DWMB2 on July 16, 2024, 12:47:33 pm
Assuming you're suitably authorised to appeal on the company's behalf, yes.

If they reject, they should provide a POPLA code with the rejection. You could always end it with: "If you reject this appeal, you must issue a POPLA code"

Company won't do it on my behalf its been left for me to deal with...
Try reading what you quoted - this time more carefully!
OK so I'm not authorised to do so, company won't on my behalf. What should I do?
So not only are you not authorised to do it on the companies behalf, but the company won't do it for you either? So there will be no appeal.  Are you sure you meant that?

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There are motorists who have been scammed and those who are yet to be scammed!
Re: Parking Fine (smart)
« Reply #26 on: »
If the NtH is in the company name and you’ve been told to deal with it, then surely, you are authorised to do so.


The only problem would be correspondence going back through the company address.

What about transferring liability to yourself as the day to day keeper?
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking Fine (smart)
« Reply #27 on: »
Quote
What about transferring liability to yourself as the day to day keeper?
I think we need to establish what the status of the van in, ie whether it is one the OP keeps on a day to day basis, or whether it's a pool vehicle that is signed in and out as needed for specific journeys.
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Re: Parking Fine (smart)
« Reply #28 on: »
Quote from: DWMB2 on July 18, 2024, 09:19:28 am
Quote
What about transferring liability to yourself as the day to day keeper?
I think we need to establish what the status of the van in, ie whether it is one the OP keeps on a day to day basis, or whether it's a pool vehicle that is signed in and out as needed for specific journeys.
yes it's kept on a day to day basis.

I've been given permission to appeal on behalf of the company now. So I will be lodging the appeal with what was previously posted
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Re: Parking Fine (smart)
« Reply #29 on: »
Hi all just a quick one before I submit appeal, to appeal on not so smart website I have to put name,email, address etc. Should I put this as lease company details or the company I work for (leesee) thankyou
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