*CANCELLED - WON* Smart Parking Fine - ASDA carpark

[charitynjw]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Schedule 4
s9(2)(b)

(2)

The notice *must—

(a)

specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)

*inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid *in full;

(* My emphasis)

Your Notice to Keeper does not state 'in full'.
(I've won with this at POPLA)

Put in your 'challenge' as registered keeper.
Reject the Notice to Keeper as being defective via Protection of Freedoms Act 2012 Sch 4 s9(2)(b). (No need to say exactly why)
Tell them to remove your data from their database per s10 Data Protection Act 1998 (DPA), & any further usage, including passing it to any 3rd party, may lead to action via s13 DPA.

[Tee06]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Thanks for the reaponse. Will do just that.
Do I need to ask for a POPLA code, or just the above and nothing else..

[charitynjw]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

If they reject your challenge they should automatically give you a unique POPLA code.
But there's no harm in reminding them. (They may be 'Smart' by name; unfortunately...........).
If they do reject, come back for further ammo re POPLA.

[Tee06]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Thank you very much..will keep you posted

[charitynjw]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Do you want me to organise to have all your posts on your very own thread? (Might make it easier to find).

[Tee06]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Yes please, as I don't know how to.

Thank you

[charitynjw]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Ok

I'll ask our [MENTION=49370]Kati[/MENTION] (very nicely) if she can sort it.
I don't think Kati is on the forum at this moment (Probably skiving/having a smoke behind the bike shed at LB Mansions)

[Tee06]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Loll.. oh k..

thanks again

[Kati]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

I don't think Kati is on the forum at this moment (Probably skiving/having a smoke behind the bike shed at LB Mansions)

try having a whiskey (and trying to stop my 3yr old pinching it) lol

- - - Updated - - -
[MENTION=104080]Tee06[/MENTION] ... if you can tell me which posts of yours need moving then I'm happy to do it xx

[Tee06]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

I am a new member, I guess all of it, as it is on one thread.
I hope that isn't too much trouble

[charitynjw]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

if you can tell me which posts of yours need moving then I'm happy to do it xx

Hi Kati

From post #30 (of this thread) onwards.

Cheers!

[Tee06]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Hi [MENTION=5553]charitynjw[/MENTION]

can I write out what I have written so u can help go through it, or is that too much spoon feeding .
I want it yo ne without mistakes ..

[charitynjw]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Please do.

[Tee06]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

As the Registered keeper of this car, I am writing that your notice to keeper does not state "in full"
I thereby reject the Notice to keeper as being defective via Protection of Freedoms Act Sch 4 s9(2)(b)

I ask that my Data be removed from your database per s10 Data Protection Act 1998 and any fitther usage, including passing it to any third party may lead to action via s13 DPA

Regards

- - - Updated - - -

Hi [MENTION=49370]Kati[/MENTION],

I appreciate, thank you.

[charitynjw]

Re: *CANCELLED - WON* Smart Parking Fine - ASDA carpark

Your ref [XXXX.....]
As the Registered keeper of this car, I am writing to challenge your recent letter of [NtK date]
I reject the Notice to Keeper as being defective via Protection of Freedoms Act Sch 4 s9(2)(b)

I ask that my Data be removed from your database per s10 Data Protection Act 1998 and any further usage, including passing it to any third party, may lead to action via s13 DPA

Regards

They may well reject it no matter what you write. Most parking co's do. (Despite the rejection letter almost always saying "After careful consideration.......", lol)
If it were me I'd save the proper argument for POPLA.