Parking Charge Notice from Smart Parking

[Calam2017]

In August we used a Carlisle car park and duly paid £1 fee to park for an hour. We entered the car registration and left the car to pop to town.

This week we received a parking charge notice from Smart parking - we find this unbelievable as 4 of us stood near the car parking machine while the money was put in and the registration entered - a ticket was not issued but we assumed this was a normal occurence.

What shall we do as we know the £1 was paid - Please help.........

[charitynjw]

Re: Parking Charge Notice from Smart Parking

Hi, welcome to LB.

Presumably there was no Notice to Driver? (eg windscreen ticket).
Could you post up a pic of the Notice to Keeper? (Front & back, personal details obscured but leave dates visible)

[Calam2017]

Re: Parking Charge Notice from Smart Parking

Thank you for your prompt reply.

There was no notice on the windscreen.

I will attach photos as soon as I download them.

[Calam2017]

Re: Parking Charge Notice from Smart Parking

Hi, welcome to LB.

Presumably there was no Notice to Driver? (eg windscreen ticket).
Could you post up a pic of the Notice to Keeper? (Front & back, personal details obscured but leave dates visible)

Hello

Please find attached photos of Notice to Keeper. any


p.s. We live a long way from Carlisle and can't go back to check any car parking machines in the car park.

[charitynjw]

Re: Parking Charge Notice from Smart Parking

Sorry, can't read them....fuzzy copy.

[ostell]

Re: Parking Charge Notice from Smart Parking

And need the dates visible.

[Calam2017]

Re: Parking Charge Notice from Smart Parking

And need the dates visible.

Please find attached hopefully better copy

[ostell]

Re: Parking Charge Notice from Smart Parking

There is no mention of keeper liability, as required under POFA 2012 schedule 4, to hold the keeper liable. As there was no windscreen ticket then paragraph 9 apples. Everything that is in that paragraph is required to be on the NTK and it is missing.

A simple letter to them stating that you are the keeper and their Notice to Keeper has failed to confirm to the requirements of POFA Schedule 4 paragraph 9 on several points and you cannot therefore be held liable for the drivers charge. You will not be providing details of the driver as there is no legal acquirement to do so. You do not expect to hear from them again expect to acknowledge that there will be no further claims made against you.

[Calam2017]

Re: Parking Charge Notice from Smart Parking

There is no mention of keeper liability, as required under POFA 2012 schedule 4, to hold the keeper liable. As there was no windscreen ticket then paragraph 9 apples. Everything that is in that paragraph is required to be on the NTK and it is missing.

A simple letter to them stating that you are the keeper and their Notice to Keeper has failed to confirm to the requirements of POFA Schedule 4 paragraph 9 on several points and you cannot therefore be held liable for the drivers charge. You will not be providing details of the driver as there is no legal acquirement to do so. You do not expect to hear from them again expect to acknowledge that there will be no further claims made against you.

Thank you Ostell for your help.

The letter will be in the post to Smart tomorrow (recorded delivery).

[Calam2017]

Re: Parking Charge Notice from Smart Parking



Thank you Ostell for your help.

The letter will be in the post to Smart tomorrow (recorded delivery).

Just thought I'd update you all - I sent the simple letter you suggested and to date I haven't heard back from Smart Parking. I am keeping my fingers crossed and touching wood that I won't hear them them again on the matter - thank you so much.