Flowers Way Luton Smart Parking PCN.

[eagleboy1234]

The driver parked in Flowers Way Car Park, Luton, but found he didn't have any change. The driver then waited a short time for friend to arrive to see if he had any change, but unfortunately he didn't, so the driver drove out of car park after 11 minutes and parked in residential street. However, after the driver spoke to another friend a short time ago today (who the driver also met that night), was going to park in the car park around one hour later, and he said that the ticket machine was displaying 'NOT IN USE', and had taken a photo of this on the night and sent it to the driver.


Although this was an hour later than when the 'offence' was logged, surely it's up to them to prove that the machine was operational at the time the driver details were captured, or is the driver on sticky ground? Thanks for any help.

[charitynjw]

Re: Flowers Way Luton Smart Parking PCN.

While I'm reading....

Could you edit to say "the driver parked...." etc.

Don't ID who was driving.

[ostell]

Re: Flowers Way Luton Smart Parking PCN.

This looks like a non POFA compliant PCN and the keeper cannot therefore be held liable for the actions of the driver. A straight forward BOGOFF letter is called for.

Second that request to edit the original post before SMART read it.

[charitynjw]

Re: Flowers Way Luton Smart Parking PCN.

Imho, the wording on the Notice to Keeper does not fully comply with the Protection of Freedoms Act 2012.

If so, there can be no transfer of liability from driver to registered keeper.

Definitely do not ID the driver.

Lol.....X posts with @ostell

[des8]

Re: Flowers Way Luton Smart Parking PCN.

but still not edited original post in earlier thread!!!!!!!!!!!!

[eagleboy1234]

Re: Flowers Way Luton Smart Parking PCN.

While I'm reading....

Could you edit to say "the driver parked...." etc.

Don't ID who was driving.

Will do thanks

[eagleboy1234]

Re: Flowers Way Luton Smart Parking PCN.

Hi charitynjw,

I'm assuming that I will need to lodge an appeal to get things moving?

Thanks

[ostell]

Re: Flowers Way Luton Smart Parking PCN.

Not so much an appeal as telling them to get lost.

I am writing in response to PCN xxxx that I, the keeper of vehicle xxxxx, received from you. You have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, namely, but not limited to, including 9 (2) (f). As you have failed to comply then you can not hold me, the keeper, liable for the actions of the driver at that time who I have no legal obligation to identify and will not be doing so. I do not expect to hear from you again other that to confirm that no further action will be taken against me.

[eagleboy1234]

Re: Flowers Way Luton Smart Parking PCN.

Hi charitynjw,

I'm assuming that I will need to lodge an appeal to get things moving?

Thanks

Many thanks for your help! I sent this off as a challenge.