Protection of Freedom ACT

Lifeleader

Hi. I have received a letter from Smart Parking Ltd after I had informed them that I wasn't the driver and they have come back to me with the following, "As of the 1st October 2012 under the Protection of Freedom Act the registered keeper can be help liable for parking charge notices unless they can provide the drivers detail." and if I didn't they would would exercise their right to enforce the PCN under keeper liability. Is this correct and what do I do now? Sorry if this has been answered before, but as there are so many posts, it's a little hard to find out.

Umkomaas

They are correct!

You need to do some reading to get to understand what all this stuff is about. The link I'm going to give you has been written by one of the foremost experts in private parking issues and is the best online advice anywhere. So spend a bit of time with this but come back if anything isn't clear.

In a nutshell you need to appeal to the PPC, which is usually rejected, then you appeal to POPLA (with forum advice) which is always upheld. Here you go:

https://forums.moneysavingexpert.com/discussion/4816822

Lifeleader

Thanks for the link, I now have some reading to do

Coupon-mad

Have they provided a POPLA code already with that reply? A 10 digit code and/or a POPLA form? If so then follow post #3 of the Newbies thread and click 'How to win at POPLA' and find a recent example which includes a paragraph about non-compliant POFA2012 Notices (like Smart's ones!). And no GPEOL and no standing/authority, and dodgy signage and rubbish ANPR. That will all do the trick at POPLA if all written out as per our examples.

If no POPLA code/form yet, then reply and say:

'Your reply is all very interesting, Smart Parking, and might even be a tiny bit relevant...if only you actually issued POFA2012 compliant Notice to Keeper letters. Sadly you don't - and nor is your charge a genuine pre-estimate of any loss, and it's a car park you have no title in either. Cancellation or POPLA next please - and if you try to hoodwink me again by pretending there is any 'keeper liability' established by your flawed Notices then I will report you to the DVLA and BPA Ltd.'