POPLA appeal -Fistral - Entered incorrect reg using app - Smart parking

Coupon-mad

Remove the car VRN from the post above, asap - that would allow someone else to sabotage your POPLA appeal by logging in. The VRN plus the POPLA code gives anyone the gateway.

Apart from that, these changes are needed:

6(1) ''The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (b)has given a notice to keeper in accordance with paragraph 9.
[strike](a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8. This is re-iterated further ‘If a notice to driver has been given, any subsequent notice to keeper MUST be given in accordance with paragraph 8.’[/STRIKE]

The NTK must have been delivered to the registered keeper’s address within the ‘relevant period’ which is highlighted as a total of 14 [STRIKE]56[/STRIKE] days beginning with the day after the parking event [STRIKE]on which any notice to driver was given[/STRIKE]. As this operator has evidently failed to serve a POFA compliant NTK, in accordance with paragraph 9, [STRIKE]not only have they chosen to flout the strict requirements set out in PoFA 2012, but[/STRIKE] they have consequently failed to meet the second condition for keeper liability. Clearly I cannot be held liable to pay this charge as the mandatory [STRIKE]series of parking charge[/STRIKE] documents with paragraph 9 wording and prescripted warning about 'keeper liability' were not properly given.

Redx

yep, remove all personal details from anything you post on here

no popla code

no VRM

no name , no address , nothing

you already removed them on yesterdays draft

brit151

Do ah!

Many thanks, think I'm ready to submit. Will update with POPLA s verdict in due course!

brit151

Appeal won

No details on what grounds. Just an email saying smart parking do not want to contest appeal.

Thank you all for your help and advise.

Umkomaas

Well done. Kitchen sink 'n all appeal. Smart are known for not liking a long one to deal with!

The_Deep

This all seems a lot of fuss over £10. In any case if it went before a judge the PPC would probably lose


http://parking-prankster.blogspot.co.uk/2017/07/excel-lose-in-court.html

Coupon-mad

brit151 wrote: »

Appeal won

No details on what grounds. Just an email saying smart parking do not want to contest appeal.

Thank you all for your help and advise.

No problem!

It is a pleasure to see off the likes of Smart Parking at POPLA - easy when you know how!

:T