Smart Parking Ltd charge notice & DRP letter.

[Kati]

Re: Smart Parking Ltd charge notice & DRP letter.

@mystery1 @Kati

hi, if there was a way to now name the driver and lodge an appeal on new time limits id much prefer to go down that route and then lodge an appeal in my name rather than my wife's??? not sure how id go about doing that though? would contacting Smart Parking and naming myself as the driver restart the time limits and enable a fresh appeal??

regards

M1 will be able to advise (when he's back online tomorrow) ... just sit tight for tonight xx

[mystery1]

Re: Smart Parking Ltd charge notice & DRP letter.

@mystery1 @Kati

hi, if there was a way to now name the driver and lodge an appeal on new time limits id much prefer to go down that route and then lodge an appeal in my name rather than my wife's??? not sure how id go about doing that though? would contacting Smart Parking and naming myself as the driver restart the time limits and enable a fresh appeal??

regards

I would complain to the British Parking Association. http://www.britishparking.co.uk/Contact-AOS

The trouble is you have no proof that it was sent really. They may however force them to deliver the desired popla code.

Your wife could name you as the driver. In theory this stops the keeper being liable and they should start from scratch with the driver. Many companies just ignore this however and i reckon they'll fail on keeper liability anyway.

It's an unregulated business and they make the rules up to get away with as much as possible. It leads to unfair scenarios but there is little that can be done but forcing them to go to court and exposing them in court.

M1

[bigbadmad]

Re: Smart Parking Ltd charge notice & DRP letter.

thanks for your replies guys.
so tonight I'm setting about putting the complaints in writing to Smart Parking again requesting the POPLA code as they have ignored my wife original letter within the 28 day period, i'll also be complaining to BPA about Smart Parkings actions and I'm also going to write a strongly worded letter to Sports Direct about the rouge company they are allowing to manage their car park targeting genuine spending customers as one of sports direct employees mentioned to me that head office have the powers to revoke some charges issued by Smart Parking if the customer is genuine and purchased goods from the shop? not sure how true this is but worth a try..

When and how would you advise on notifying Smart Parking about myself being the driver [MENTION=5354]mystery1[/MENTION] ? also if they were to ignore all avenues, what are my chances or getting it overturned should it be referred to court please?

many thanks [MENTION=49370]Kati[/MENTION] for your help last night.

regards

[Kati]

Re: Smart Parking Ltd charge notice & DRP letter.

just a thought ... you could also try 'N (sh) aming' SD on social media too??

[mystery1]

Re: Smart Parking Ltd charge notice & DRP letter.

thanks for your replies guys.
so tonight I'm setting about putting the complaints in writing to Smart Parking again requesting the POPLA code as they have ignored my wife original letter within the 28 day period, i'll also be complaining to BPA about Smart Parkings actions and I'm also going to write a strongly worded letter to Sports Direct about the rouge company they are allowing to manage their car park targeting genuine spending customers as one of sports direct employees mentioned to me that head office have the powers to revoke some charges issued by Smart Parking if the customer is genuine and purchased goods from the shop? not sure how true this is but worth a try..

When and how would you advise on notifying Smart Parking about myself being the driver @mystery1 ? also if they were to ignore all avenues, what are my chances or getting it overturned should it be referred to court please?

many thanks @Kati for your help last night.

regards

As late as possible and just before they lodge court papers, which they don't often do.

The letters are the best way at the moment.

M1

[pilsburypie]

Re: Smart Parking Ltd charge notice & DRP letter.

Can I just chime in here (caveat - I have no experience other than my single case and research I have done and advice offered) - I have successfully got my Smart Parking penalty cancelled just last week, however, I lodged my appeal within the specified time. I basically didn't buy a ticket at a Smart Parking controlled site and got a charge notice. From the information I was given the parking company are on a sticky wicket if they do not know who was driving. They can access the registered keepers info but you do not have to disclose who was driving. May I suggest you don't do this as although you will possibly reset the appeals timescale, they will then have the required info they need (driver details) to be able to pursue you better.

If it were me, I would send them your original letter again and although they may claim they never received it, you can claim they did but lost it. Using this tact you can inform them you are not just trying to ignore the problem but sort it out. They should act reasonably - if they don't and it does go to court then them being unreasonable goes in your favour.

Your letter seems very good - here is mine that basically they responded that the charge was cancelled. I do not know whether it was the legality or them just classing me as a nuisance that was easier to write off with so many "happy" paying customers.

I refer to your Parking Charge Notice (“PCN”) Ref. TCxxxxxxx issued to me as a Notice to Keeper in respect of an alleged breach of Parking Terms and Conditions at xxxxxx car park on xxxxxx. I confirm that at the time of this alleged incident, I was the vehicle’s keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA 2012”).

I write to formally challenge the validity of this PCN on the basis that your Notice to Keeper did not comply with the strict requirements of POFA and consequently you have forfeited any right to hold me liable for the charge as keeper.

Please confirm to me in writing that you have cancelled this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your full response within the timescales specified under the British Parking Association Ltd Code of Practice.