Another Parking charge post

rizla0366

Hello i could do with a few questions answered about a parking charge from SMART.

I have read the NEWBIES thread and am a little unsure on a few points. Not the typical parking charge

'The driver' was working at a Matalan store one night upgrading the tills and as usual have asked the store manager to add 'The drivers' van reg to the parking system. Not something 'The driver' can do but has to rely on the staff to email this off and as you have guessed they have not done this and 'The driver' now has a parking notice, well in theory 'The driver' doesn't. Let me explain.

'The driver' is self employed but does contact work for a company who provide a van. This van is not their own fleet van but rather a hire van.

The parking notice has been sent to the hire company who in turn have sent it to 'The drivers' works. Now work have been trying to appeal this but with no joy. This week 'The driver' gets told there is a parking charge for the van and gest a pdf of the emails back and forth from 'The drivers' works and SMART. This was issued on the 25/10/2018.

Now 'The driver' can appeal this with popla as there is a reference number with the PCN but after reading the section on company and hire vehicles is 'The driver' responsible at all? I have the pdf but dont want to post it here but if one of the mods wants to to have a look i can PM it.

Thanks

Fruitcake

Edit your post to remove information about who was working, and whose van it is.

Only ever refer to The Driver and The Keeper.

The day to day keeper can appeal this and should have done from the start, but we need to know what was put in the initial appeal by the day to day keeper's employer.

More importantly, why hasn't Matalan instructed Not-so-Smart to cancel the PCN?

You can redact the pdf and send it to me if you wish and I will look at it if I get the chance. Alternatively type out the wording and post it here which is the better option as all the regulars will be able to comment on it.

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Umkomaas

Now i can appeal this with popla as there is a reference number with the PCN

Have you checked whether your POPLA Code is still valid? Use the following website's checker:

https://www.parkingcowboys.co.uk/popla-code-checker/

rizla0366

Umkomaas wrote: »

Have you checked whether your POPLA Code is still valid? Use the following website's checker:

Thanks.

well i still have 16 days left

Code summary
Issuing operator: Smart Parking T/A Town & City Parking Ltd (Code: 851)
Date code generated: Tue Dec 18 2018
Code sequence number: 760
Deadline information
Your appeal deadline is Tue Jan 15 2019
You have 16 day(s) remaining for your appeal to reach POPLA

Umkomaas

So get cracking on developing your first draft of your POPLA appeal by first reading the NEWBIES FAQ sticky, post #3, then using the ready prepared template appeal points to start to build your appeal.

Top all that off with a bit of research on (recent) successful POPLA appeals for Smart PCNs (using 'Smart POPLA' as your keywords) and add winning points into your draft.

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

Redx

bear in mind that if the driver has not been admitted, you are appealing as HIRER or LESSEE , ie: KEEPER (day to day KEEPER of the vehicle) so should read the hire/lease/company car POPLA appeals written by others this year, taking note of the POFA2012 failures like the hire docs, no keeper liability , so read the edna basher posts as well

also edit post #1 to remove any hint of who was driving (no "MY , ME , MYSELF & I")

if the driver has been admitted , then POFA2012 is not relevant and a valuable appeal point would have been lost

WHO have SMART nominated for this POPLA code ? you or your work ?

your work should have nominated you as lessee/hirer/keeper of the vehicle , which means the pcn should be in your name and you are the person who should appeal to popla

it seems to me that your work have failed POFA2012 and are expecting YOU to sort it out

rizla0366

Redx wrote: »

bear in mind that if the driver has not been admitted, you are appealing as HIRER or LESSEE , ie: KEEPER (day to day KEEPER of the vehicle) so should read the hire/lease/company car POPLA appeals written by others this year, taking note of the POFA2012 failures like the hire docs, no keeper liability , so read the edna basher posts as well

also edit post #1 to remove any hint of who was driving (no "MY , ME , MYSELF & I")

if the driver has been admitted , then POFA2012 is not relevant and a valuable appeal point would have been lost

WHO have SMART nominated for this POPLA code ? you or your work ?

your work should have nominated you as lessee/hirer/keeper of the vehicle , which means the pcn should be in your name and you are the person who should appeal to popla

it seems to me that your work have failed POFA2012 and are expecting YOU to sort it out

Hiya Redex, sorry for the late reply.
Everything from smart has been addressed to the place of work. No where can i see 'The drivers' name on the paperwork apart from where the office has written on. The POPLA code is the place of works name.

So i doubt the 'The driver' could even appeal this? No?