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A question.

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Hi, I'e previously asked for advice on a Parking Charge Notice from Smart.

I've also been trawling through the internet looking at other sites and have found this..

• Check that any Notice to the Registered Keeper was sent out more than 28 days after the parking ticket was issued. If it was sent earlier then the parking company cannot sue the registered keeper for any alleged parking charges. If the parking company requested that the DVLA provide the name and address of the registered keeper earlier than 28 days after issuing a ticket, it cannot sue the registered keeper. It also may be a breach of the Data Protection Act, for which the DVLA may be liable.

There were five days between the alleged parking infringement and the parking notice being delivered through the post.

Thanks again.

Comments

  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Please don't start a new thread as this is related to the thread that you started the other day https://forums.moneysavingexpert.com/discussion/4689731

    However just to answer your question. There are two separate timescales to be considered if the PPC wishes to invoke POFA 2012 to chase the registered keeper for unpaid parking charges. If a Notice To Driver is left on the vehicle then to be valid a Notice to Keeper must be delivered no earlier than 28 days or later than 56 days after the parking event. If no NTD is issued e.g. because CCTV was used then the NTK must be delivered no later than 14 days after the parking event. In your case as there was no NTD the the NTK was delivered in time.
  • mattb26
    mattb26 Posts: 9 Forumite
    Thanks for clearing that up. I'm still leaning towards ignoring these letters and binning them as soon as they come through.
  • Kite2010
    Kite2010 Posts: 4,308 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker! Car Insurance Carver!
    The signs normally say (in font size 1) that after 28 days they will apply to the DVLA, so if they apply earlier they are in breach of their own contract.

    Smart ain't so smart when it comes to POPLA
  • Hi

    I have a blue badge and parked in an asda car park, I pulled into a bay that have previously been a disabled pay, this bay has now had yellow lines across the bay, (which I had not noticed when parking) came out 10 mins later to fine a parking ticket from smart parking placed on my car, £70 find reduced to £40 if paid within 14 days

    As previously mentioned in threads asda state they have nothing to do with car park as its council land where do I stand, I see on here that you state, do not pay, will they be able to obtain my details from dvla to chase me for payment

    Thanks
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    toffee26 wrote: »
    Hi

    I have a blue badge and parked in an asda car park, I pulled into a bay that have previously been a disabled pay, this bay has now had yellow lines across the bay, (which I had not noticed when parking) came out 10 mins later to fine a parking ticket from smart parking placed on my car, £70 find reduced to £40 if paid within 14 days

    As previously mentioned in threads asda state they have nothing to do with car park as its council land where do I stand, I see on here that you state, do not pay, will they be able to obtain my details from dvla to chase me for payment

    Thanks

    Could you please start your own thread.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Coupon-mad
    Coupon-mad Posts: 152,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    toffee26 wrote: »
    Hi

    I have a blue badge and parked in an asda car park, I pulled into a bay that have previously been a disabled pay, this bay has now had yellow lines across the bay, (which I had not noticed when parking) came out 10 mins later to fine a parking ticket from smart parking placed on my car, £70 find reduced to £40 if paid within 14 days

    As previously mentioned in threads asda state they have nothing to do with car park as its council land where do I stand, I see on here that you state, do not pay, will they be able to obtain my details from dvla to chase me for payment

    Thanks



    New thread button here in blue at the top of the forum:

    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

    Of course they can get your details and you must wait for them to do so (do not respond to a windscreen fake PCN). Always wait for the first letter to arrive - unless it's a hire/company car - then if in England/Wales, challenge the stupid thing with our help on your own thread.

    What happened when you complained to the Asda Store Manager then, like you would? Not the CS desk numpty who lies and says they don't own the car park. NOT THEM. Store Manager themselves and INSIST it is cancelled.

    Let us know how you get on with a proper complaint to the right person - but on your own new thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kite2010
    Kite2010 Posts: 4,308 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker! Car Insurance Carver!
    toffee26 wrote: »
    Hi

    I have a blue badge and parked in an asda car park, I pulled into a bay that have previously been a disabled pay, this bay has now had yellow lines across the bay, (which I had not noticed when parking) came out 10 mins later to fine a parking ticket from smart parking placed on my car, £70 find reduced to £40 if paid within 14 days

    As previously mentioned in threads asda state they have nothing to do with car park as its council land where do I stand, I see on here that you state, do not pay, will they be able to obtain my details from dvla to chase me for payment

    Thanks

    Makes you wonder if it's council land, why doesn't the council have it's own wardens do the patrolling (as they do at my local Asda).
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