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I have read through several posts and am fairly sure that I know what to do, but would like to check that I am right, if someone would be kind enough to confirm.
I received a 'Parking Charge Notice' from Smart Parking, it was addressed with my 'Name' not to 'The Keeper', does that make any difference, or signify anything - should DVLA have given my name, as well as address?
There are 2 photos, one shows vehicle entering site, the other leaving.
The notice/letter is dated 15 days after the 'contravention' and was received 3 days after. I will upload copies of the letter after making this post.
As they did not even send the letter until 14+1 days, is it likely they might still pursue for payment, after they receive the suggested letter that I have seen posted here by Ostell?
If this progressed to POPLA, would they immediately deny Smart, because of the date issue, or do they still sometimes make other decisions? I am trying to balance paying £54 against the likelihood of having to pay £90 or maybe much more - although my inclination is to challenge this.
I have also seen Ostell mention, which I think applies in this case: they have failed to issue the invitation to keeper, 9 (2) (e) or the notice of keeper liability, 9 (2) (f). There's also no period of parking. Moving in front of a camera is not, by definition, parking.
I am fairly confident that I should dispute this using the letter below, but do I have to make sure they receive my reply within 14 days of the date on their letter? Would a certificate of posting on the 14th day be alright, or should I fill in the online form if it is the final day?
Ostell Letter:
Dear Sirs,
I have just received your Notice to Keeper No. 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
I received a 'Parking Charge Notice' from Smart Parking, it was addressed with my 'Name' not to 'The Keeper', does that make any difference, or signify anything - should DVLA have given my name, as well as address?
There are 2 photos, one shows vehicle entering site, the other leaving.
The notice/letter is dated 15 days after the 'contravention' and was received 3 days after. I will upload copies of the letter after making this post.
As they did not even send the letter until 14+1 days, is it likely they might still pursue for payment, after they receive the suggested letter that I have seen posted here by Ostell?
If this progressed to POPLA, would they immediately deny Smart, because of the date issue, or do they still sometimes make other decisions? I am trying to balance paying £54 against the likelihood of having to pay £90 or maybe much more - although my inclination is to challenge this.
I have also seen Ostell mention, which I think applies in this case: they have failed to issue the invitation to keeper, 9 (2) (e) or the notice of keeper liability, 9 (2) (f). There's also no period of parking. Moving in front of a camera is not, by definition, parking.
I am fairly confident that I should dispute this using the letter below, but do I have to make sure they receive my reply within 14 days of the date on their letter? Would a certificate of posting on the 14th day be alright, or should I fill in the online form if it is the final day?
Ostell Letter:
Dear Sirs,
I have just received your Notice to Keeper No. 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
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