Smart Parking Ticket (No Valid Permit)

Umkomaas

At face value, looks like the NtK was delivered in time (although 'Notice to Owner' is an impersonation of authority they do not have - but no showstopper!).

Time for soft appeal, rejection with POPLA code, draft POPLA appeal up here for appraisal, (revised) appeal to POPLA, appeal upheld, charge dismissed (we have 100% success rate) - simples!

Redx

I would soft appeal it online and ask for a read receipt or confirmation email back that they are looking into it

they have something like 35 days from that confirmation to decide

as for the month delay, they have to wait 28 days for the driver to respond to the pcn before contacting the RK within the next 28 days , hence the delay

the rules for this are there, even if you dont know about them

ps:- do not name or allude to who the driver was, do this in the 3rd party only , no giving away vital info

atilla

I've had a couple of cancellations from this shower when accusing them of having the incorrect paperwork - NtO rather than NtK.
Told them they were in the wrong but if they wished to waste further money then please send me the Popla code.
3-4 weeks later, cancellation received.

Thought it might be because they receive plenty of 'appeals' from me so they just cancelled but i've a couple long running ones still on the go so i don't think they cross reference tickets.

forgotmyname

Took a photo of the signs at the location. You enter between the shops, 2 lanes one in one out.

On the right the sign is close to the entrance and on the left its further on. I forgot to see how visible they were when driving in and out.
Fixed flat to the side of the buildings and probably not really where i would be looking for a sign.

Google maps only have an old out of date image.

Coupon-mad

atilla wrote: »

I've had a couple of cancellations from this shower when accusing them of having the incorrect paperwork - NtO rather than NtK.
Told them they were in the wrong but if they wished to waste further money then please send me the Popla code.
3-4 weeks later, cancellation received.

Thought it might be because they receive plenty of 'appeals' from me so they just cancelled but i've a couple long running ones still on the go so i don't think they cross reference tickets.

Like Atilla I have also had success with a simple online appeal for a friend v Smart Parking and they cancelled within days. I laughed my head off when I spotted the flaws with this document. My friend got the same useless NTO.

Not only do they call this a NTO rather than a NTK....but the elephant in the room is...where's the contravention stated on that letter???????

It's not on there at all (which would be a breach of paragraph 8 of the POFA 2012, if Smart were invoking POFA 2012...which they are NOT). So it's not a POFA 2012 ticket then.

You can appeal online, takes 5 or 10 minutes, stating that you are the registered keeper and:

- How is a keeper supposed to tick a box on the pink reply slip if Smart haven't bothered to tell them what the alleged contravention even was?

- A registered keeper is not liable for a non-POFA 2012 charge (NTO doesn't mention POFA) and Smart will lose at POPLA over this matter alone, but in addition...

- the charge is not a genuine pre-estimate of loss, and

- Smart do not own the car park so have no standing to pursue a charge.


Smart will scurry back under their stone when you point out the above and finish by saying, if they wish to waste further money then please send the Popla code. Do it online now, job done. You'll get a cancellation email within a week of the New Year.

forgotmyname

I did the appeal online. Probably poorly worded but mentioned the things above. And asked for a POPLA code.

No reply to the email at all. Do i back it up with a written letter? Or just sit it out?
How long do they get to reply and how long do i wait for a POPLA code?

I remember reading about a time limit for using the code or applying for a code?

Thanks.

Coupon-mad

35 days for them to get back to you (then your POPLA code is valid 28 days - but the clock is already ticking when you get it because the 28 days start when they generate the code at their end).

I reckon they will cancel if you mentioned the 'no contravention stated on the letter'. It is glaring in its absence, how is a keeper supposed to know the reason for the PCN?

forgotmyname

PM sent. You can post it if you wish. Or use the information to help others.

Pozza1984

Looks exactly like the one I have, i've just sent off my 'soft appeal' so hoping they drop they charges.

It only became apparent to me when reading this thread that there was no offence details on the Notice to Owner!

forgotmyname

Yep. Heard nothing back from them yet. But the notice only arrived on Monday 23rd Dec. Yet they wanted a reply before the 28th.

I threw it in the draw and ignored it until i had finished enjoying myself. Although maybe i should have dealt with it and charged them £1,000,000 penalty for spoiling my xmas and new year?