Smart parking £40 parking ticket

[RUMS]

Hello im after some help. The driver got a parking ticket while shopping in Asda bristol.
They parked in a disable bay.
I have seen a few people appealing and saying that Smart marking have no right to fine you.
Can anyone give me some advise on this?
New to this so if you need more info please just msg.
I have attached the parking ticket

Thanks so much

Rums

@mystery1

[ostell]

Re: Smart parking £40 parking ticket

Go into ASDA and contact the manager (not just the help desk) and get him to cancel. You didn't see the signs for the disabled bay did you as they were not clear?

Otherwise wait for the Notice to Keeper which should arrive between day 28 and 56 after the event. Do not contact Smart before that. If they get the NTK correct (seldom do) then they can hold the keeper liable. If they don't get it correct then they can only chase the driver, who they do not know. You will be comparing the NTK you receive with Paragraph 8 of POFA and if anything is missing then then there is no keeper liability.

When the NTK arrives come back here and put up any appeal you were thinking about for comment before submitting.

There is a school of thought that the appeal should be done about day 22 or so and Smart will possibly then forget to issue a NTK and the keeper can never be liable.

[RUMS]

Re: Smart parking £40 parking ticket

Go into ASDA and contact the manager (not just the help desk) and get him to cancel. You didn't see the signs for the disabled bay did you as they were not clear?

Otherwise wait for the Notice to Keeper which should arrive between day 28 and 56 after the event. Do not contact Smart before that. If they get the NTK correct (seldom do) then they can hold the keeper liable. If they don't get it correct then they can only chase the driver, who they do not know. You will be comparing the NTK you receive with Paragraph 8 of POFA and if anything is missing then then there is no keeper liability.

When the NTK arrives come back here and put up any appeal you were thinking about for comment before submitting.

There is a school of thought that the appeal should be done about day 22 or so and Smart will possibly then forget to issue a NTK and the keeper can never be liable.

Hey ostell

Thanks so much for reply, went to see manager who said it was out of his hand!!!!!
So i just sit tight now and wait for the next letter??

Thanks again for taking the time to help me

[mystery1]

Re: Smart parking £40 parking ticket

Yup.

Also as a have a generous returns policy so take stuff back if you can and tell them why.

M1

[RUMS]

Re: Smart parking £40 parking ticket

Hello m1, thank you for your message. Taking things back will be hard as I only ran in for the loo. One of those ditch the car and run moments lol

[RUMS]

Re: Smart parking £40 parking ticket

Hey guys

So this letter came to day. Charge has now gone up to £70!!!!!
Is this the letter I should of got?
Whats is the next step?
Thanks again for taking the time to help me

[mystery1]

Re: Smart parking £40 parking ticket

Can i see the back too please ?

M1

[RUMS]

Re: Smart parking £40 parking ticket

[here you go M1

[mystery1]

Re: Smart parking £40 parking ticket

Wait 17/18 days so they are out of time to send a compliant notice to keeper then send something like


Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. The driver was a genuine customer.


I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraphs 7/8.


Should you reject my appeal, please supply a popla code.


Yours sincerely


M1

[RUMS]

Re: Smart parking £40 parking ticket

Hello M1

Thank you so much for your reply!!!! Your being a great help
Sorry for late reply.
Do I send this as a posted letter?
is the notice to keeper really flawed? what does this mean?
What is a popla code?
Sorry for asking so many questions? properly stupid ones

Cheers Adam

[Kati]

Re: Smart parking £40 parking ticket

Hello M1

Thank you so much for your reply!!!! Your being a great help
Sorry for late reply.
Do I send this as a posted letter?
is the notice to keeper really flawed? what does this mean?
What is a popla code?
Sorry for asking so many questions? properly stupid ones

Cheers Adam

• Posted letter (signed for so you get proof of receipt) or email (@mystery1 likes emails ... they're free :lol
• The NtK is almost always flawed ... POFA sets out guidelines for what the notice must have on it and a time limit for it being sent.
• POPLA is the next stage of your appeal (if the parking company reject your appeal, you take it to POPLA)

xx