Notice to owner from smart parking

bboylost

Hi guys, need help or advice here, so the car owner got a Parking charge notice from smart parking in a food center parking at Milton Keynes

The food center states that it is free parking for 2 hours but doesnt say how much afterward and the driver parked there for 3 hours. Hence got the parking charge notice.

The owner ignored it and now received a Notice to Owner

Shall the owner just keep ignoring the letters until they take it to the small claim court so the owner can write the defence letter using this reason -

"The Claimant did not comply with POFA 2012 and give the registered keeper opportunity, at any point, to identify the driver."

should the owner appeal to the smart parking or not ? or just wait ?

thanks !:beer:

Le_Kirk

Do you mean Notice to Driver (windscreen ticket) or Notice to Keeper? There is no such thing as a Notice to Owner. Have you done any appeal at all? Do not ignore letters (except for debt collectors and even then you should file them, to keep for evidence of unreasonable behaviour) especially LBA/LBC/LBCC.

Redx

The owner did not receive an nto , the owner isn't known or identified, even if the owner is Toyota finance, this has nothing to do with any owner

The PCN in the post had the registered keeper details on it, same as the V5C has on it, nothing to do with ownership

The RK appeals it as keeper, using the blue text template from the newbies faq sticky thread near the top of the forum, no additions, no changes

No blabbing about who was driving or who the owner is either

A V5C does not prove ownership, not is their an owner's database either

bboylost

Redx wrote: »

The owner did not receive an nto , the owner isn't known or identified, even if the owner is Toyota finance, this has nothing to do with any owner

The PCN in the post had the registered keeper details on it, same as the V5C has on it, nothing to do with ownership

The RK appeals it as keeper, using the blue text template from the newbies faq sticky thread near the top of the forum, no additions, no changes

No blabbing about who was driving or who the owner is either

A V5C does not prove ownership, not is their an owner's database either

Thanks for the explanation, yes it says it is "Notice to Owner - do not ignore" on the Smart parking letter.

So I have found the template you mentioned above , just quickly check if this is the right one ?

so I just copy and paste this and appeal online to the Smart parking ltd, am I missing anything ?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

bboylost

Le_Kirk wrote: »

Do you mean Notice to Driver (windscreen ticket) or Notice to Keeper? There is no such thing as a Notice to Owner. Have you done any appeal at all? Do not ignore letters (except for debt collectors and even then you should file them, to keep for evidence of unreasonable behaviour) especially LBA/LBC/LBCC.

It was a postage letter with a picture showing the car's number plate and says "Parking charge notice" which the car keeper has ignored it and today receieved a "Notice to Owner - Do Not Ignore"

should the car Keeper appeal it to the Smart Parking web site ?

Thanks !

Redx

Keeper should do what I said

Smart have no idea who the owner is because there is no register of owners

You might be buying it on HP so Barclays Bank PLC might be the owner, or it may be a Motability vehicle where they are the owner

If smart have written Owner then they haven't a clue, which we already know

Just do what I said appealing as Keeper on their site

Keep all identities secret, like drivers, owners and insurance details

Le_Kirk

Do what Redx says.

bboylost

Thank you for the help , will do !

Redx

I have been looking at pcn,s from Smart online using google and nowhere can I find one with the words NOTICE TO OWNER on them , they have no idea who the owner actually is, the DVLA have no register of owners, only Registered Keepers, which is how Smart obtained your name and addres using the VRM details

can you redact a picture of your pcn and host it on imgur or tinypic so we can see it

redact your name , address pcn reference , car VRM details etc, no personal info whatsoever to be seen , hide with bits of white card and then scan or take a picture of it

Redx

bboylost wrote: »

Yes i uploaded it on this link:
/QUOTE]
Thank you

How very strange, that is nothing like a standard PCN from them

It states they obtained RK data from the DVLA (which does not include ownership details) and yet they state Owner on the PCN

Plus they seem to think they can add £10 to the charge if unpaid within 14 days, whereas it's normally discounted to £60 for 14 days before rising back to £100 on day 15

I have no idea why this one is different but I would still use the blue text template and appeal as keeper, never revealing who was driving, not to anyone at all

Nor would I tell anyone who the owner actually is either

We accept that this could be the same person, but for these tickets it's 3 different entities, nobody has to name any party and should not do so

They got RK details from the DVLA, so proceed as normal for now as keeper

Still a head scratcher though, lol

Umkomaas

Looks like a reminder notice than the initial NtK.

@OP - did you receive any previous correspondence from Smart?

What was the date of the parking incident?

What is the date of issue showing on the letter you've linked?

If you had a previous notice from Smart, the date of issue of that notice?