3. SMART PARKING
« previous next »
Pages: [1]

Author Topic: SMART PARKING  (Read 828 times)

0 Members and 27 Guests are viewing this topic.

SMART PARKING
« on: »
https://imgur.com/a/AQltkgH
PCN issued to “the company secretary followed by a name and then some nonsense about c/o prem plus. No company exists.
Can some kind person have a glance and see if this fine stands a chance? Signage on google maps isn’t legible (and obscured by foliage) and it’s too far to go back!
The business visited is trying to ask SP to waive as the 4 minute overstay alleged was their fault. That’s unlikely to sway SP,
Logged

Share on Bluesky Share on Facebook

Re: SMART PARKING
« Reply #1 on: »
As usual, Smart Parking are making no attempt to comply with Schedule 4 of the Protection of Freedoms Act, which would allow them to recover the charge from the registered keeper.

As such, if the company named on the notice is the registered keeper of the car with the V5C in their possession, they can appeal along the lines of the below:

Dear Sirs,

We have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. We note from your correspondence that you are not seeking to hold us liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").

There is no obligation to name the driver and we will not be doing so. We are 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,

This appeal has had a 100% success rate so far. Be sure to appeal as the keeper only, and check your spam email for their reply. If the company is not the registered keeper (if its a lease car for example), let us know as the appeal will need to be slightly different.
Logged
Re: SMART PARKING
« Reply #2 on: »
The pcn is addressed to a company secretary and then gives a name. There’s no company and it may be that the car, recently registered, is misbegotten as lease. Irrespective of this
Signage was partially obscured by foliage.
If lease what change would be made to the response please?
Logged
Re: SMART PARKING
« Reply #3 on: »
Is the car leased, or are you the registered keeper?
Logged
Re: SMART PARKING
« Reply #4 on: »
Yes the car’s leased - I’d be grateful for the suggested appeal text.
Logged
Re: SMART PARKING
« Reply #5 on: »
Quote
The pcn is addressed to a company secretary and then gives a name.
And that name is presumably yours, as the person leasing the vehicle?

I ask this, as whoever the notice is addressed to is the person who needs to appeal.

They can do so along the lines of this:

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 hirer of the vehicle, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").

There is no obligation 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,
Logged
Re: SMART PARKING
« Reply #6 on: »
If the Notice received is a copy of the NtK that was issued to the Registered Keeper (the lease company) then you cannot just appeal it. As the Hirer (lessee) you need to wait until a Notice to Hirer (NtH) has been issued to you or the company.

Once you've received the NtH, then appeal with what has been suggested. It is likely to be rejected but will win at POPLA as long as the driver is not identified.

So, did the lease company follow the correct procedure to transfer liability from them to the Hirer? If they haven't, then there is a chance that (Not so) Smart can pursue them which is not good if they then decide to just pay it and charge back to you, the Hirer.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: SMART PARKING
« Reply #7 on: »
Yes - there’s currently a confusion about the purchase/lease and as a result the Reg needs updating but you are (currently) correct in your understanding until a resolution is reached, I M really grateful for the text and for all the assistance. I was long a fan of Pepipoo & shocked to see it vanished- now a fan of this site!
Logged
Re: SMART PARKING
« Reply #8 on: »
It was the potential confusion b789 is referring to that was the reason for my series of questions. Smart are easy to deal with, but it's important to make sure we know who has received what, and that the correct person is appealing.
 
Logged
Re: SMART PARKING
« Reply #9 on: »
My reply crossed with your last one. To be clearer, I bought the car outright but the reseller discounted and misregistered as a lease. My name appears where the ntk is redacted. I’m told setting this straight will take months!
Logged
Re: SMART PARKING
« Reply #10 on: »
So, to clarify... who holds the V5C for the vehicle? Is it a lease company or you? If it is a lease company, then they are the registered keeper and you or your company is the hirer. If it is you, then you are the registered keeper.

The appeal provided above will be sufficient although there are two different points of PoFA failure that would win this for you. Smart do not rely on PoFA to hold the keeper liable, Also, if the vehicle is leased (or hired), Smart will feck up the process anyway by failing to provide copies of all the required documents to be able to hold the hirer liable.

It's just that this would need to be clarified should the intellectually malnourished bods at (not so) Smart Parking reject the appeal, then the actual facts is who is the RK would be required for the subsequent POPLA appeal.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: SMART PARKING
« Reply #11 on: »
I hold the registration document and so must be the keeper. Shall I proceed with the text you offered?
Logged
Re: SMART PARKING
« Reply #12 on: »
Use the first one, which refers to the the registered keeper. However as you're an individual, change any references of "We" to "I"
Logged
Re: SMART PARKING
« Reply #13 on: »
Yes. You still use that text for the initial appeal. Do not try to alter or change it. Remember, you are appealing ONLY as the keeper and you are under no legal obligation to reveal the drivers identity to an unregulated private parking company.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: SMART PARKING
« Reply #14 on: »
Perfect- and thanks for clarifying-I can see that I should have run through the whole story more thoroughly in my initial post. I’ll return as a when there’s progress! Thanks again.
Logged
Pages: [1]
« previous next »
  3. SMART PARKING