Smart Parking - Tower Road Newquay - RingGo mistake

GoldSquad93

Hi All, 
I'm a total newbie and need some help. 
I've read the Newbies thread and intend to make an appeal as described, but I have some questions that I need help with. First I will explain my situation, followed by my questions. 

I am the registered keeper of a vehicle which was parked at Tower Road carpark, Newquay, operated by Smart Parking ltd and paid for a parking ticket using the RingGo app where I also have my friend's registration as I have paid for him to park before. After receiving an error message I had to do the process over, and somehow managed to pay for the wrong registration (I swear that process is rigged). I can provide evidence that this was indeed the case. My questions are as follows: 

- Should I append the template appeal with the above information? If so, how should I word this? 
- How can I provide this evidence, either when appealing to smart parking, or for my POPLA appeal without identifying myself as the driver of the vehicle?
- I only received my PCN a few days ago, should I wait before I appeal or should am I good to proceed? 
- Am I correct in thinking that the following paragraph applies to me and what does this mean? 
"Some firms (e.g. Civil Enforcement, Highview, Smart Parking, CP Plus and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable and you must you point that out to POPLA."

 Sorry if I'm asking questions already answered, I've never done this before and its quite overwhelming. 
Huge thanks in advance for any help! 

Redx

Appeal as keeper using the blue text template , no changes

No telling the story , no blabbing about who was driving

No need to wait if it's a postal PCN NTK that arrived in the post

Same advice as in this thread

https://forums.moneysavingexpert.com/discussion/6173975/tower-road-newquay-pcn-with-smart-parking#latest

Smart do not comply with the law named POFA so as keeper you have no liability , only the driver who shall not be named

GoldSquad93

@Redx Thank you very much. 
I forgot to add that the PCN was issued on the 13th day following the day the vehicle was parked, and therefore considered to be delivered on the 15th day (a Saturday) and therefore the 17th working day after the vehicle was parked. 
I understand this means the PCN was issues outside of the 'relevant period'? Should I include this in my inevitable appeal to POPLA? 

"The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales."

Thanks again! 

Redx

yes you will be using POFA in your POPLA appeal, as long as the driver is never identified

check their NTK, you will find it fails the POFA wording test, as well as the delivery time window, they are one of the companies that fail to follow POFA despite it being nearly 8 years old

nosferatu1001

As long as the dirver was not identified, a failed POFA2012 NtK is a good win at POPLA
You will need to explain it to them in words of one syllable
I would incldue a literal working out of every single day from the parking event
ie 
event is day 0
day 1
day 2
....
day 13 - NtK issued
...
day 17 - NtK deemed issued 2 working days after issue. 

Coupon-mad

You are trying to reinvent the wheel and with this firm, we don't need to be poring over the nitty gritty dates.  Who cares about counting the days with Smart Parking, given that they issue NON-POFA-WORDED Notice to Keepers, anyway? 

What I mean is, so what about the dates?  Even if that NTK as issued on day five it's always going to be a non-POFA NTK.  Because they don't use the 9(2)f and other Sch4 wording.

This is what the NEWBIES thread templates are for.  This is why the keeper appeals using the blue appeal template (and who cares if the wording is relevant or not...as long as it gets you to POPLA as 'keeper' where you will win). 

No posting the template appeal here, please.  Let is know when you win!

GoldSquad93

Thanks for your help all, I will update when I have a result  

GoldSquad93

Hey All, 
Followed your advice and sent the appeal template straight up no amends.
Just got a reply from Smart Parking saying they are cancelling the ticket, didn't even need to go to POPLA. 
Thanks all, really appreciate the help. 
x

Fruitcake

Well done and thanks for letting us know.

Please come back to this forum in a week or two when we hope the new mandatory code of practice will be available for public consultation. We need as many people as possible to comment on it. Please get your friends and family involved as well.

Coupon-mad

GoldSquad93 said:

Hey All, 
Followed your advice and sent the appeal template straight up no amends.
Just got a reply from Smart Parking saying they are cancelling the ticket, didn't even need to go to POPLA. 
Thanks all, really appreciate the help. 
x

Easy when you know how!  Honestly I keep saying there is no need for any more Smart Parking threads as no advice is needed above what's in the NEWBIES thread.