Smart Parking Fine

moran60

During Oct I received a "Parking Charge Notice" from Smart Parking for not paying for parking In Matalan Tyne Bridge car park. There were 2 photographs attached showing my car entering and leaving the site with the times attached. I know that I was not the driver and the pictures could not make out the driver (although I do know who it was).


The PCN was asking for me to pay the fine or to name the driver at the time. After researching a lot I read all about POFA 2012 and the requirements that need to be included in a Notice to Keeper in order for the registered keeper of a vehicle to be held liable for the fine.


Clearly Smart Parking did not adhere to the POFA rules and so I sent them this as an appeal to the fine:


"Dear Sir or Madam,


Parking Charge Notice number: XXXXXXXXXX


Vehicle registration number: XXXXXXX


I refer the above Parking charge notice which was issued to me on XXXX 2015. Please note that I was not the driver of the vehicle at the time of the alleged offence nor at the time that the two photographs that you have provided were taken. I decline your invitation to name the driver and I will not be paying your demand for payment for the following reason:


This is a non-compliant Parking Charge Notice – no keeper liability is established under POFA 2012.

As the owner, I have not named the driver of the vehicle or provided a serviceable address for the driver of the vehicle. As the registered keeper of the vehicle, I can only be held liable for the parkingcharge if the relevant provisions of Schedule 4 of the Protection of Freedoms Act 2012 have been satisfied. The Parking Charge Notice fails to comply with POFA 2012 Schedule 4 on several specific points.



I must insist that this Parking Charge Notice is cancelled immediately. Should you chose not to cancel the Parking Charge Notice then I request that you forward to me a POPLA reference code. "


Today I received a reply stating that the charge had been cancelled.




"Thank you for your recent communication.

I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

If I can be of any further assistance please do not hesitate to contact me.


Yours sincerely,

Smart Parking Ltd"

jhiker

Smart Parking appear to be a bunch of imbeciles. I had my appeal upheld recently on the very same PoFA non-compliance.
I don't understand why they don't just re-word the NTKs.

Cash-Cows

I did forum appeal to these guys after the NTK arrived and they folded very quickly. Whether it was this or the retailer intervened after my complaint I don't know.

jhiker

I doubt the retailer, Matalan, intervened. I moaned at them after getting a ticket for my overstay. We were actually shopping at Matalan so I hoped they might be sympathetic but no chance. I exchanged a few strongly-worded (but ever-so polite) emails with the customer service dept. and they wouldn't budge.
I reckon it was the PoFA issue that caused them to uphold your appeal.

Anybody else in the same boat might do well to take note.

pogofish

Tonic76 wrote: »

Can anyone help please, thanks.

Please help yourself by starting your own thread - hijacking someone else's won't get you the help you want!