Parking Charge Notice incorrect registration

[Snowden]

We received a PCN from Smart Parking from a car park some 80 miles from where we live. A ticket for £8 but was purchased but they say the car registration was entered incorrectly. Appealed to Smart Parking and sent a copy of the ticket which, by the way, has a 'B' after the word 'Reg:'. It does not show the registration. Smart rejected the appeal and have said the next step is to appeal to POPLA -- or pay. The charge notice showed timed photos of the car arriving and leaving. The ticket was purchased 8 minutes after arrival. The buttons on the machine were difficult to use.

Many thanks for any advice you can give.

[ostell]

The machine incorrectly read the keyboard, it was a machine failure

[Snowden]

Thanks. Should I say that in the appeal to POPLA?

[ostell]

Post up the redacted PCN to see if there is anything else that can be used against them. Leave the dates

[Snowden]

[ostell]

You were asked to leave the dates in. I can't read it anyway, could you repost with better definition, though it looks as though it may not be POFA compliant

[Snowden]

[ostell]

Was the identity of the driver revealed? If not then edit your first post so that the identity of the driver cannot be inferred.

Still can't read the small text properly. However they do not appear to have given the invitation to keeper required by POFA 9(2)(e) nor the warning of keeper liability required by 9(2)(f). They cannot therefore hold the keeper liable.

Yes POPLA appeal with all the POFA fails. There may be, probably will be, other fails, such no period of parking

[Snowden]

[Snowden]

Thank you very much for your guidance on this matter.

[ostell]

They have failed to comply with the requirements of POFA to be able to hold the keeper liable. One, of the many, is that they failed to give the notice of keeper luability as required by 9(2)(f). I gave posted suitable appeals on this point several times so search till you find one.

post on here for critique before you send

[Snowden]

On the PCN photo that I posted earlier, the parking ticket covers over the name of the registered keeper to whom the PCN is addressed. Does it nevertheless fail to comply with 9(2)(f) despite being addressed to the registered keeper?

If it does fall foul of 9(2)(f), is this all I need to put in the POPLA appeal?

• The Parking Charge Notice fails to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely:
  • Section 9 (2) (f) - failing to give notice of keeper liability

As the keeper, I cannot be held liable for the actions of the driver at the time and there is no legal requirement for me to identify the driver and I will not be doing so.

Yours Faithfully,

Registered Keeper

[Snowden]

The POPLA appeal was successful! Many thanks to Ostell for the guidance.

The POPLA assessor found that the parking company did not fully comply with the keeper liability provisions of section 9 of PoFA 2012 in that the PCN did not state that the registered keeper would be made liable if the details of the driver remained unknown.

[Guest]

I thought the driver or passenger was allowed 10 mins to park and pay for parking ?.