strange quote from private parking company

timaus

KeithP said:

Have you not had an appeal rejection letter yet then?

A PoPLA verification code will be on that letter.

No  They sent me the email on the original post earlier today, I'm assuming a letter will come in a few days? The email had the subject "additional evidence required"

Redx

timaus said:

Redx said:

Smart parking haven't complied with POFA in almost 8 years , so despite their **** and any other **** the keeper has no liability

Only POFA can hold a keeper liable if complied with , but a driver may be liable and these companies rely on ignorance and on people telling them who the driver is or was , sometimes enjoying themselves in the foot

It's pointless arguing with Smart , they want that so you run down the clock

If an appeal is rejected , they should issue a popla code , so insist on cancellation or a popla code

I'll try and request one from them, they have sent a no reply email with no further information so will maybe have to appeal again? Or Ill find an email on their website.

If there was no popla code with the rejection letter or email , appeal again as keeper using the blue text template from the newbies FAQ sticky thread , asap , because you want either a cancellation or a popla code , not a dialogue

timaus

@KeithP
There was no mention of POPLA anywhere on the email. 

KeithP

timaus said:

KeithP said:

Have you not had an appeal rejection letter yet then?

A PoPLA verification code will be on that letter.

No  They sent me the email on the original post earlier today, I'm assuming a letter will come in a few days? The email had the subject "additional evidence required"

So they sent you an email asking for the driver's name and address.
Please be clear. It helps no-one to only tell part of the story.

Ignore that email - that means do not reply - and wait patiently for an appeal rejection email which will include a PoPLA verification code.

Redx

As above , if they asked for drivers details , ignore it and wait for the next stage , do not engage with their weird hypotheses

timaus

KeithP said:

timaus said:

KeithP said:

Have you not had an appeal rejection letter yet then?

A PoPLA verification code will be on that letter.

No  They sent me the email on the original post earlier today, I'm assuming a letter will come in a few days? The email had the subject "additional evidence required"

So they sent you an email asking for the driver's name and address.
Please be clear. It helps no-one to only tell part of the story.

Ignore that email - that means do not reply - and wait patiently for an appeal rejection email which will include a PoPLA verification code.

Apologies for being unclear. they didn't ask for the drivers details or anyaddress, thy simply sent me the block of text on my original post, said the amount of£60 is still outstanding  and then stated the payment options. there was no mention of POPLA

KeithP

But you wrote...

The email had the subject "additional evidence required"

What's that about then?

timaus

That was the subject on the email I recieved. It was just the subject of the email and then it was never mentioned again.

timaus

Just so we are clear I have only recieved 1 email from them

Fruitcake

timaus said:

Fruitcake said:

timaus said:

KeithP said:

The parking company has up to six months following a parking event to ask the DVLA for the Registered Keeper's details.

Why are people under the impression that there is a 14 day period which they must recieve it in then? Not arguing, just curious.

Some people are under the impression that the earth is flat.
Some people are under the impression that the corona virus is a hoax.
Some people believe are under the impression that there is a 14 day period by which they must receive an NTK. 
I have no idea why some people believe these things.
Some of these people might work for the CAB. 
Some of these people might post things on the internet, or spout their beliefs down the pub.

There is the law (the PoFA 2012), trade associations (old boys' clubs) and parking companies (scammers). Only one of the provides accurate information.
People who read and understand the former would most likely be the type of people who are not under the impression that there is a 14 day period by which they must receive a NTK.

Just so I'm sure, are you saying there isn't a 14 day period that I need to recieve an NTK. If so what wouldyour advice be? 

You don't need to receive a NTK at all. Nobody does.

The scammers can obtain the keeper's details for up to six months as per their KADOE contract with the DVLA. This is a DVLA requirement and nothing to do with the PoFA.

If a parking scammer wants to hold a keeper liable for a PCN, they have to send a NTK within a certain timeframe as defined by the PoFA 2012. If they don't want to hold the keeper liable then they still need to send a NTK, but do not need to send it within any specific timeframe. 

If they want to hold the driver liable then they need to know who that is and where they live. There is no law in this country that requires you to tell them. If they do know who the driver is then they do not need to send a NTK at all because they  don't need to hold the keeper liable. They can just go after the driver.
If they don't know who the driver is, then don't tell them.

If you want to know what the timescales are in order that a scammer can hold the keeper liable, read the relevant parts of Schedule 4 of the PoFA 2012. Use a search engine of your choice to find the PoFA, or the link to it from the NEWBIES.
There are two timescales; one where a NTD is given and a different one where no NTD is given. 
They also have to include specific wording a nd warnings from the PoFA in the NTK if they want to hold the keeper liable.
Smart have failed to meet the timescales set down in the PoFA to hold the keeper liable, and may also have failed to include the required PoFA wording and cannot hold a keeper liable for that reason as well.

CAB are good at certain things, but have proven time and time again that they do not understand the requirements of the POFA or the timescales contained within it.

If you have sent an appeal to a BPA member, then they are required to send a reply within 35 days. If they reject your appeal then they must provide a PoPLA code within that 35 days. If you have not received a PoPLA code by say day 37, then complain to the BPA.

If someone told you a deadline for something was in fourteen days time, twenty eight days time, or fifty six days time, would you start counting from today or tomorrow? Keep that in mind when you read the requirements of the PoFA to for a parking scammer to hold a keeper liable.