Smart Parking Notice Invalid?

SANYO_VCR

Have received a penalty notice today from Smart Parking.

(Removed by Forum Team)

My notice states that the date of contravention was 4/11/22. The penalty has been issued on 25/11/22. The letter arrived today.

Am i right in thinking this notice is invalid due to it being issued more than 14 days after the date of offence.

Grizebeck

Not invalid but the appeal below will win it for you

this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for keeper details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

KeithP

SANYO_VCR said:

Am i right in thinking this notice is invalid due to it being issued more than 14 days after the date of offence.

No you are not right in thinking that.

The DVLA allows anyone up to six months to get keeper details from them following such an incident.
Smart's trade association - the British Parking Association - allows them another month to get a Notice to Keeper to the keeper.

The delay does mean they can't hold the keeper liable for the driver's mistakes.
For that reason it is best that you don't use phrases like "I parked...".
Suggest you edit your opening post as soon as you are able.

It would be a good idea for you to read the opening post in the NEWBIES thread for more detail on what to do next.

Coupon-mad

Grizebeck said:

Not invalid but the appeal below will win it for you

this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for keeper details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

The OP will know this works if they've read today's threads! No link needed.  Another Smart thread.

SANYO_VCR

KeithP said:

It is best that you don't use phrases like "I parked...".
Suggest you edit your opening post as soon as you are able.

I don't seem to be able to edit my posts. Could a Mod please delete second paragraph of my opening post.

KeithP

SANYO_VCR said:

KeithP said:

It is best that you don't use phrases like "I parked...".
Suggest you edit your opening post as soon as you are able.

I don't seem to be able to edit my posts. Could a Mod please delete second paragraph of my opening post.

Perhaps the easiest way to make that happen, is to simply hit the Report button -  - below your post, click on 'contains personal information' and describe what you would like them to do. 

SANYO_VCR

Grizebeck said:

Not invalid but the appeal below will win it for you

this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for keeper details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

Have appealed using you template Grizebeck.

At no stage was i asked who the driver of the car was. Is this normal?

Coupon-mad

Yes, they are not allowed to make naming the driver conditional on a keeper's right to appeal.

Grizebeck

SANYO_VCR said:

Grizebeck said:

Not invalid but the appeal below will win it for you

this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for keeper details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

Have appealed using you template Grizebeck.

At no stage was i asked who the driver of the car was. Is this normal?

Let us know when its cancelled please. Or if they play around a simple pofa appeal to popla will win it

SANYO_VCR

Have not received a confirmation email from SP that my appeal has been lodged. When i lodged the appeal it was confirmed on screen.

I have gone back onto the appeal page on SP & entered my Reg & PCN No. I thought i may get a message that an appeal is already in process. It just sent me to the next screen asking me to supply my details.

Am a little worried as today is the 14th day since notice was issued, even though it took 13 days to get to me. I have no proof that an appeal has been lodged.

Coupon-mad

Do it again then and take screenshots.  Send yourself an email with those screenshots on it including what it says after the last page and the final submit button that you might have missed,