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  • FIRST POST
    • murdock99uk
    • By murdock99uk 17th Oct 16, 7:49 PM
    • 17Posts
    • 4Thanks
    murdock99uk
    Ignore or pay
    • #1
    • 17th Oct 16, 7:49 PM
    Ignore or pay 17th Oct 16 at 7:49 PM
    Hired a car in Manchester got a PCN by anpr(SMART PARKING) in August,rental company passed on my details to smart parking.
    Received the parking notice 51 days after the alleged incident,as I live in Northern Ireland,do I pay or ignore it??
Page 1
    • murdock99uk
    • By murdock99uk 17th Oct 16, 7:54 PM
    • 17 Posts
    • 4 Thanks
    murdock99uk
    • #2
    • 17th Oct 16, 7:54 PM
    • #2
    • 17th Oct 16, 7:54 PM
    Or should I appeal??
    • Fruitcake
    • By Fruitcake 17th Oct 16, 7:58 PM
    • 36,411 Posts
    • 73,194 Thanks
    Fruitcake
    • #3
    • 17th Oct 16, 7:58 PM
    • #3
    • 17th Oct 16, 7:58 PM
    In NI, you can usually safely ignore but as this is a hire car I think you need to treat it differently.
    You should thank the hire company for passing the PCN on to you, and confirm with them that you are dealing with it.

    I think you then need to appeal to Not-so-Smart to ensure they don't go back to the hire company.
    I think there is an appeal that you can use in the NEWBIES thread for lease/hire situations.
    Do not reveal who was driving under any circumstances. Effectively you were the keeper of the car on the day in question, and there is no requirement for you to name the driver.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • pappa golf
    • By pappa golf 17th Oct 16, 8:00 PM
    • 5,340 Posts
    • 4,861 Thanks
    pappa golf
    • #4
    • 17th Oct 16, 8:00 PM
    • #4
    • 17th Oct 16, 8:00 PM
    have you been charged an admin fee or indeed have the hire co paid the ticket , if so see http://forums.moneysavingexpert.com/showthread.php?t=5539577


    if not , contact the hire co and say YOU are going to handle it , and for them NOT to get involved now ,


    right , the ticket , as you are in NI , they can use POFa , if you name yourself , the hire co have only stated who hired it , not drove it


    let them huff and puff , send lots of nasty letters , and lets see how much they want to waste trying to get this thru a NI court (out of jurisdiction)
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • murdock99uk
    • By murdock99uk 17th Oct 16, 8:06 PM
    • 17 Posts
    • 4 Thanks
    murdock99uk
    • #5
    • 17th Oct 16, 8:06 PM
    • #5
    • 17th Oct 16, 8:06 PM
    Have been charged an administrator fee,but hire company has not paid the fine
    • pappa golf
    • By pappa golf 17th Oct 16, 8:09 PM
    • 5,340 Posts
    • 4,861 Thanks
    pappa golf
    • #6
    • 17th Oct 16, 8:09 PM
    • #6
    • 17th Oct 16, 8:09 PM
    I think you might have to accept it , or fight it , see that thread I linked to before
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • Fruitcake
    • By Fruitcake 17th Oct 16, 8:15 PM
    • 36,411 Posts
    • 73,194 Thanks
    Fruitcake
    • #7
    • 17th Oct 16, 8:15 PM
    • #7
    • 17th Oct 16, 8:15 PM
    Have been charged an administrator fee,but hire company has not paid the fine
    Originally posted by murdock99uk
    It is not a fine, it is a speculative invoice. Do not refer to it as a fine or penalty if you contact the hire company.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 17th Oct 16, 11:54 PM
    • 40,339 Posts
    • 52,175 Thanks
    Coupon-mad
    • #8
    • 17th Oct 16, 11:54 PM
    • #8
    • 17th Oct 16, 11:54 PM
    Or should I appeal??
    Originally posted by murdock99uk
    I would appeal as hirer just to get rid of it and to be sure that Smart know you do exist, so they don't revert to bothering the Hire firm later, who might then panic, pay then charge you a 3 figure sum around Christmas!

    DO NOT SAY WHO WAS DRIVING

    Here's a suggested appeal based on one by Edna Basher and if Smart reject this appeal then you can appeal to POPLA, as the parking event was in England (and you WOULD WIN if you used the right 'no hirer liability' wording in a longer POPLA appeal than this first effort aimed at Smart):



    Dear Smart,

    Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

    I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

    You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper/hirer liability for a Parking Charge. There are a number of reasons why Smart’s Notice to Hirer did not comply with POFA. In order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

    Given that Smart has forfeited its right to keeper liability - and since you can see that I live in Northern Ireland where we have no 'keeper liability' and I am outside of the jurisdiction of the English Courts - please confirm that you will now cancel this charge. For the avoidance of doubt, I am exercising my right not to name the driver so you will be unable to prevail should you issue a POPLA code. I suggest Smart Parking cancels this charge, given the above facts.
    Last edited by Coupon-mad; 17-10-2016 at 11:57 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • murdock99uk
    • By murdock99uk 18th Oct 16, 5:17 PM
    • 17 Posts
    • 4 Thanks
    murdock99uk
    • #9
    • 18th Oct 16, 5:17 PM
    • #9
    • 18th Oct 16, 5:17 PM
    Cheers mate,that's the exact same one I sent off,with a few minor adjustments
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