Smart Parking LTD 14 day limit ?

Flappersmkip

Hi, this says the ticket was generated on the 6/7/20 but we only received this on the 25th and it's dated the 23rd on the letter. Am I liable? We dropped a sheet of glass putting us over the 10 min grace period and to be honest, I just hadn't noticed the new ticket machene. I've parked in the space for years and just recently the pub whos car park it is apparently has begun enforcing charges. The pub won't reverse the charges I'm told. It's just a flat no.

Redx

if they failed POFA then the keeper has no liability in law, and Smart do not follow POFA, so no keeper is liable, only the driver, if you were daft enough to tell them who it was

like in this thread where it also failed the 14 day POFA response time

https://forums.moneysavingexpert.com/discussion/6176077/strange-quote-from-private-parking-company/p1

read through it and do what I told that person, after reading the newbies faq announcement thread at the top of this forum

Umkomaas

Smart Parking do not use the Protection of Freedoms Act 2012 (Schedule 4) to hold the vehicle's keeper liable. In which case only the driver can be held liable. That's why they're asking in their Notice to Keeper for you to provide the driver's details them. There is no obligation, legal or otherwise, to do so. 

Use the blue text template from the NEWBIES FAQ sticky, first post, without adding any embellishments - nothing about dropping the pane of glass, or that the parking rules at the pub have changed!  Nothing!  Be careful with any nasty drop down box on the appeals portal that defaults you into 'agreeing' that you were the driver. 

This can be beaten at POPLA in due course. 

As the pub landlord won't help, how about copying him into a link to an article about another landlord who almost ended bankrupt as a result of inviting Smart Parking to manage screw up their car park ........ and their customer base!

https://www.dailypost.co.uk/news/north-wales-news/loggerheads-mold-car-park-fines-13774891

Fruitcake

To what 14 day limit are you referring? The 14 day discount for Mugs, or the 14 day limit for keeper liability to apply under certain circumstances?

The first one is irrelevant.

The second one applies in your case which is why you have been told not to reveal the driver's identity.

Has the keeper actually complained to the pub landlord/manager/brewery chain? If not, that is the first thing to do as long as the driver had permission to use the car park.

Also complain to your MP about this unregulated scam.

If the landowner complaint doesn't work then send the template in blue from the NEWBIES as already advised, unaltered, from the keeper.

Flappersmkip

Hi, I just got done reading the thread you kindly linked, and the Newbie sticky. I'm not great with blocks of text, I find it difficult. Can you please help me fill this in? It's asking for my name and addy, so to appeal online I must declare who was driving? It looks like this won't "Submit" without all fields complete ...

Redx

do not fill in the part about the driver, then submit, because you are appealing as keeper

Umkomaas warned you about it earlier

Redx

It's you as the keeper , nowhere on your picture does it ask about who was driving , but watch out for any boxes or traps that ask you and avoid those traps , skip them , then fill in the boxes where those asterisks are , name address , email 

Fill in your details and email where the red asterisks are

Copy the blue text template from post 1 of the newbies FAQ sticky thread into the comments box , the reasons for appealing

Umkomaas

Flappersmkip said:

Understood, and what appeal template should I use please ? And here it's asking for "Personal Details" it doesn't state whether it's for a keeper or a driver?

I gave you everything you needed to do. Why are you asking again?

so to appeal online I must declare who was driving?

I cannot see where they are requiring you to declare who was driving on the scan you've uploaded. Are you up to dealing with this?

Flappersmkip

So I'm overthinking this I guess. I've pasted the TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING:into the appeal feild. I've added my details as on the letter. Do I give an email or mention the 14-day rule advised by CAB ?

Edit, in fact, it does require an email. So I've added that.

Umkomaas

Do I give an email or mention the 14-day rule advised by CAB ?

Whatever the CAB have advised about the '14-day rule', it's likely to be wrong. They have almost no clue about private parking charges. Trust the forum not the CAB. 

Why not set up a throwaway Gmail address to use for this PCN, then ditch it into the ether once concluded. No need to use your regular email - why would you?

Flappersmkip

Okay will do many thanks