Smart parking fine

[Lollyjohnson]

I have received a parking fine from smart parking, I wasn’t driving my vehicle my partner took my car for the day for work without me knowing but it has been sent to me, I appealed this and said I wasn’t driving they have said they are going to continue with the fine how can I stop this charge

[atticus]

I assume the other half has no desire to pay.

[Lollyjohnson]

No not at all

[ostell]

So post up both side of the redacted PCN. What did you say exactly in your appeal.

[Lollyjohnson]

I basically said I wasn’t the person driving the car was taken without my consent, therefore I am not liable for the charge.

[Lollyjohnson]

Here’s the back

[MichaelT]

ostell

[MichaelT]

PCN states if payment of £60 isn’t received within 14 days it goes up to £100. Debt Recovery Plus are now asking for £170! Does this sound right?

[ostell]

Sorry I missed it.

Appeal should have been:

Dear Sirs,

I have just received your Notice to Keeper 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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


The have also failed to give notice of driver liability, 9 (2) (b), and failed to give the invitation to keeper 9 (2) (e)


Have you got a POPLA code?

[MichaelT]

No probs.

The POPLA code is 8511872640

[MichaelT]

There was 2 charges I have appealed both charges, they sent me a popla appeal number for the one charge but nothing for the second charge now they have sent the debt letter for that second charge I never received a popla code for.

[ostell]

Delete that POPLA code.

Appeal to POPLA, if still in date, with the fact that they failed POFA

So you appealed the second, it was turned down but no POPLA? Complain to BPA

[MichaelT]

Yes mate appealed the second one with Smart Parking they never wrote back to me saying it was declined or with a popla code/reference but then they’ve sent debt recovery letter

[MichaelT]

How do I delete a message?

[ostell]

Look at the bottom line of the message for Edit

There is a fair chance that the second PCN failed the requirements of POFA