strange quote from private parking company

MistyZ

timaus said:
I sent an appeal to a company basically saying because the date on this letter is 5 weeks after the date of contravention I do not have to pay.
I received the following response from them: 

Thank you for your recent communication.

Have you actually appealed to Smart?  As in submitted an appeal on their website .... or did you just email them?

Coupon-mad

This is so simple.  How is this difficult to understand?

(a) A PPC has to get the NTK to you if they wish to hold you liable as keeper. 

BUT

(b) Smart Parking (and some others...and THIS IS COVERED IN THE NEWBIES thread) never bother. 

They are allowed to issue non-POFA NTKs (mad, but the DVLA allow it). 

Therefore, due to their choice, Smart can ONLY hold a known DRIVER liable.

Smart Parking are therefore 100% beatable at POPLA as long as the appellant didn't choose 'driver' in the drop down menu when appealing. And didn't say who parked or talk about it/implied who parked.


Please copy & paste Smart's email in full.  Then we will know what you mean. 

Le_Kirk

Fruitcake said:

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 and 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.
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.

Correct, it is section 8 or section 9 depending upon whether or not a NTD was left on the windscreen.  It can be a difficult read because section 8 starts of by referring to section 6!  Keep at it though and all will become clear.

timaus

MistyZ said:

timaus said:
I sent an appeal to a company basically saying because the date on this letter is 5 weeks after the date of contravention I do not have to pay.
I received the following response from them: 

Thank you for your recent communication.

Have you actually appealed to Smart?  As in submitted an appeal on their website .... or did you just email them?

I have submitted an appeal using their website. I haven't emailed them. 

timaus

I have forwarded the email to them with the following text, lets see what they say/do:
Hello, 
I received this email (below) from you, either cancel the PCN or issue a POPLA code as you were supposed to. you have not sent me an appeals rejection. Please confirm when this is done. 

DoaM

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.

Because some people give them an air of legitimacy which they don't deserve and assume these are real fines/penalties when the exact opposite is true - they are merely invoices for an alleged contractual debt. As such people think the same rules apply as for real NIPs from the police.

timaus

Good afternoon,

 

Thank you for your recent communication.

 

Please be advised, you did not submit a formal appeal. Within your previous correspondence, you highlighted that we had sent it out of the time frame.

Within our response, we informed you of the correct process in line with the BPA code of practice.

 

If you would like to submit a formal appeal you will need to submit a formal appeal either online on our website xxxxxxxxxxx please click on 'got a parking ticket' in the right top hand corner. 

This is what I have just received from them in response to the email I sent. I used the link on their website that they are referring to in the first place. If I clicked appeal then surely I have made a formal appeal? 

Redx

I already told you to stop arguing with them , it's running down the clock and it's flogging a dead horse

Appeal as keeper using the blue text template from the newbies FAQ sticky thread near the top of the forum , add a note that the ntk failed POFA so cancel the PCN because a keeper has no liability

Umkomaas

Redx said:

I already told you to stop arguing with them , it's running down the clock and it's flogging a dead horse

Appeal as keeper using the blue text template from the newbies FAQ sticky thread near the top of the forum , add a note that the ntk failed POFA so cancel the PCN because a keeper has no liability

@timaus - get on with following @Redx's advice now. Miss the deadline for that initial appeal and you run the real risk of this haunting you for the next 6 years, with a court claim dropping through your letterbox at any time during that period.

ampersand

timaus - I worry you are not understanding what you are repeatedly being advised here.
STOP ENGAGING WITH THE SCAMMERS ON THEIR TERMS.
Just look at Redx's simple instruction and follow it.
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