Smart Parking Fine HELP

ScottR95

Hi guys, so today I received a letter from Smart Parking asking me to
pay £60 parking fine for overstaying on a car park. However this was back on 16/08/2020 so they are way over 28 days and also 14 days. If I’m right POFA 2012 is in my favour? How should I go about appealing this? 

Thanks 

Umkomaas

Please read the NEWBIES FAQ sticky, first post, which sets you off on the process of dealing with it. 

Redx

As above , appeal as keeper , adding a line that the keeper has no responsibility because they have failed POFA

D_P_Dance

It is not a fine

Coupon-mad

If the letter is a PCN/NTK (not some random debt demand) then you simply appeal using the template in the NEWBIES THREAD and just change the stuff about PDT machines and replace that with a line saying that you cannot be held liable under the POFA.

Easy to win.  A cinch, as long as you DO NOT tick 'driver' nor tell them who was driving if they beg!

ScottR95

It’s a PCN issued by Smart Parking. Looking at the newbie thread I have written this piece. (Let me know what you think)

Dear Sir/Madam

In regards to the PCN number (####)

I challenge this 'PCN' as keeper of the car.

Notice to registered keeper has not been issued within the mandatory 14 days, as no windscreen PCN was issued at the time.

'A notice to keeper must be served not later than 14 days after the vehicle was parked'

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Umkomaas

Notice to registered keeper has not been issued within the mandatory 14 days, as no windscreen PCN was issued at the time.

'A notice to keeper must be served not later than 14 days after the vehicle was parked'

'And as the registered keeper of the vehicle, I therefore have no liability for this charge. Should you continue to pursue me via further correspondence suggesting that you are able to hold me liable, I will, without hesitation, report your unfounded harassment to the BPA and DVLA'.

KeithP

That's ancient. There hasn't been such a thing as a 'Section 10 Notice' in the Data Protection Act since May 2018. 

What's wrong with the blue text template appeal easily found in the first post of the NEWBIES thread?

Fruitcake

The point of using the blue template from the NEWBIES is to let the scammers know you are receiving forum help.
There is no mandatory 14 days because the PoFA isn't mandatory, and you haven't explained what you mean by that part. 
The scammers have not issued a NTK within the timescales given in Schedule 4, Para 9,2,f of the PoFA 2012, therefore they have failed to transfer liability to the keeper so should cancel or supply a PoPLA code.

This line is incorrect and you won't find it anywhere in the PoFA. As written, it's a day out from what the PoFA actually requires.

'A notice to keeper must be served not later than 14 days after the vehicle was parked'

Forget the Section 10 Notice, it's pointless and out of date.

ScottR95

I dispute your 'parking charge', as the registered keeper of the vehicle. I also must add notice to the keeper must be served not later than 14 days after the vehicle was parked. I therefore have no liability for this charge under POFA. Should you continue to pursue me via further correspondence suggesting that you are able to hold me liable, I will, without hesitation, report your unfounded harassment to the BPA and DVLA.

After taking on your feedback, What do you think of this?

(Just to add they have pictures of my reg and vehicle with times entering and exiting)

KeithP

Your suggested words are factually wrong. There is no need for them to get the NtK to you within fourteen days.

I'll say it again...

What's wrong with the blue text template appeal easily found in the first post of the NEWBIES thread?