Smart Parking Ticket (No Valid Permit)

Coupon-mad

Pozza1984 wrote: »

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!

It's one point of several for both of you, at POPLA stage.

There is no keeper liability because Smart do not mention the POFA 2012 on the NTO anyway do they? So as long as you have both not implied who was driving in your appeals then you are untouchable; the NTK has not been properly served under POFA 2012 due to wording flaws. And if pointed out to POPLA, a lack of a contravention scuppers any NTO anyway, as it is not compliant with the BPA CoP nor is the document clear and transparent in its stated terms.

Plus the usual 'no GPEOL' and no contract with landowner, all the usual winning POPLA words should be there too as a catch-all. As per the Newbies sticky thread.

forgotmyname

OK i checked the date on the text file i copied my appeal wording to. 5th Jan.

So thats when i appealed to Smart using the online system No email back from them and the driver has had no mail from them either.

Is this to be forgotten about now? is it normal for them not to reply? I did put something about them wasting time by trying to persue this.

4consumerrights

The not so Smart parking should have acknowledged the "owner's" appeal withing 14 days of receipt and sent a formal response by 35 days as per their Code of Practice.

So what you need to do now is make a formal complaint to the BPA and DVLA regarding Smart's failure to respond to your appeal.

State that as this is now past the time stipulated in their code of practice you request that they instruct their member to cancel this charge or issue a POPLA code. You can also send the BPA a copy of the initial appeal if you like and that the registered keeper's details were actually obtained when Smart parking do not invoke keeper liability under POFA.


The email addresses are in coupon's newbie sticky thread.

Also write to Smart (on line) and by post - with free certificate of posting (enclose a copy of your original appeal)

Dear Sirs,

Further to my appeal sent to you on the ..........., I have todate not heard anything further from you regarding this parking charge.

I am making a formal complaint to the BPA and DVLA as you have failed to acknowledge my appeal within 14 days and provide a formal response to my appeal within 35 days as stipulated in the BPA's Code of Practice, which as a member you agree to abide by. I should also point out that as an AOS member (with ATA status) adhering to this code of practice both affords your company access to the DVLA database and binds you to your KADOE contract.

I respectfully request therefore that you confirm by return that this parking charge has been cancelled and remind you of the contents of my previous email regarding claiming my costs should you continue to pursue me.[/QUOTE]

forgotmyname

And now we have a letter from debt recovery Plus. Asking for a kings ransom of £160. No idea how they arrive at that figure?





Boring back page if your interested..
http://i57.tinypic.com/2zyg6di.jpg

Coupon-mad

Plucked out of the air of course! Standard junk mail. But have you written to Smart again already? Have you yet complained to the BPA? You should email Steve Clark as shown in post #6 of the NEWBIES thread.

bod1467

Yours sincerely,
Sarah Connor


Watch out for any visitations from Terminators!

kirkbyinfurnesslad_2

bod1467 wrote: »

Yours sincerely,
Sarah Connor


Watch out for any visitations from Terminators!

Its Zenith with the Cross dressing manager isnt it?

forgotmyname

My 1st thoughts Sarah Connor. Sorry i cannot correspond with you because you were terminated.

Coupon Mad. I had written to Not so Smart. But hadnt written to the BPA etc. The person im doing this for didnt want the hassle.
But its letter all around now.

I will be writing them tonight ready to post tomorrow.

Do i include a letter to debt recovery plus? Why are a debt recovery compamy members of the BPA?

Coupon-mad

But you simply need to email Steve Clark as per the NEWBIES thread post #6. NO LETTER.

Just needs the sort of words already given to you by 4CR above 'I am making a formal complaint about Smart Parking as they have failed to acknowledge my appeal within 14 days and provide a formal response to my appeal within 35 days as stipulated in the BPA's Code of Practice. They have ignored my appeal and now have sent a debt collector letter. Attached please find a copy of the NTO, a copy of my appeal - which I did online to Smart so it cannot have gone astray - and a copy of the debt collector letter I have now received.'

Do not mention the PCN of course as that was for the driver only. You are complaining as the KEEPER.

catoutthebag

forgotmyname wrote: »

Friend has received this recently. I have removed ALL personal data from the ticket (i hope). But if anything needs to be replaced i can do that easily enough.

The 1st thread i found said they were not properly registered etc but appear to be now.

So what to use for this one? Parked behind some shops where it must be staff parking with permits. They normally park in the spaces opposite and never had a ticket before.

I will try and visit the site and see/photo the signs. Where to start?

£90 reduced to £45 is that fair for using a space without a permit for 20 minutes?

Thanks..

'Friend' or yourself?:rotfl: