Previous Penalties Influence New Ones

nosferatu1001

Read the Notice to Keeper, and compare it to POFA schedule 4 para 9
Everything required must be there
You need to do the work yourself, and not expect others

NEWBIES THREAD, on this forum, has everything you need.

joelambrose

OK.

Then the only one I can think of after reading through: /ukpga/2012/9/schedule/4/enacted[

Is the one below:
e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

The reason is that this seems to imply that they must state to me that they don't know if I am the driver or keeper. Smart parking at no point mentions the term 'keeper', they just refer to the right to claim for the vehicle. They do however finish off one paragraph by saying 'If you were not the driver of the vehicle and want to let us know the driver's details....'

Am I correct?

joelambrose

So thanks for the replies above. I was out of the country for many years and didn't bone up on the situation. After doing so I won't pay another penny now.

All the invoices were from smart parking. would there be anyway to get the money back from the ones already paid? Presumably, on the basis of pofa 2012 and failing to provide adequate notice to keeper?

Half_way

[quopte]
All the invoices were from smart parking. would there be anyway to get the money back from the ones already paid?[/quote]


If some of these overstays were under 10 minutes, which you hint towards ( 40 seconds) there may be an avenue to get some recompense for misuse of data/action against the landowner

joelambrose

Most of them were for incorrect vrn entry. the location is pitch black with no lighting for the keypad. However, as the advice above is that smart parking never bother with pofa 2012 I was going to go down that route?

i mentioned the 40 secs because that is what it indicated on the pictures but it turns out they think it is an incorrect vrn. i emailed them and they replied as such. I didn't admit i was the driver.

This is what i wrote:
"To Whom It May Concern,

This ticket is issued for an overstay of 40 seconds. The law says that everyone has a 10 minute grace period and parking contracts are related to time parked not when you enter and leave the car park.

On the basis of this why are you issuing a ticket?"

Umkomaas

Once paid you have no chance whatsoever of a refund. Let us know if a miracle happens.

joelambrose

Well I will just focus on the unpaid ones then. Thanks.

Fruitcake

joelambrose wrote: »

OK.

Then the only one I can think of after reading through: /ukpga/2012/9/schedule/4/enacted[

Is the one below:
e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

The reason is that this seems to imply that they must state to me that they don't know if I am the driver or keeper. Smart parking at no point mentions the term 'keeper', they just refer to the right to claim for the vehicle. They do however finish off one paragraph by saying 'If you were not the driver of the vehicle and want to let us know the driver's details....'

Am I correct?

Para 9 of Schedule 4 of the PoFA 2012 is much longer than that. From memory sub para 2 of para 9 has sections a to i or similar.

You need to compare the whole of the NTK with the whole of the relevant part of the PoFA to see if they fail or comply.

We have access to the PoFA but have no idea what is in the NTK. That's why you have been asked to compare the two.

This assumes Para 9 is relevant not Para 8, or 13 and 14, which all apply in different situations.

Coupon-mad

How do so many people miss the mandatory 'keeper liability' warning wording - 9(2)f?

The NEWBIES thread tells you all of this...so frustrated you've paid Smart Parking before!

joelambrose

Sorry Coupon-mad. Yes, I wish I hadn't paid them but can't turn the clock back now. Just focus on the unpaid ones. I have read through and downloaded all your sample letters and templates.

The only thing I couldn't find was when to lodge the appeal bearing in mind I don't want them to resend a PoFA compliant letter. Do I wait for 14 days to pass or nearer the 28? Or is it that this doesn't matter as I am merely appealing to them for the purpose of getting the popla code?

Thanks.