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To appeal or not?
Comments
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As long as you haven't blabbed the identity of the driver then you are safe from (not so) Smart Parking. You appeal to POPLA with the fact that you are appealing as the RK and as they have not complied with PoFA, you cannot be held liable for the actions of the driver whom you are under no legal obligation to identify.
Have a search for other POPLA threads and see what is used as other arguments but make sure the non PoFA compliance is at the head of the appeal.3 -
Search for Smart POPLA and just copy one.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Was just putting my POPLA appeal text together and was wondering whether I should include evidence of the parking payment, in order to contend the statement that "no payment was made" in Smart's appeal response. However, by giving this evidence am I implying that I know who was driving and therefore would it be better to leave this evidence out altogether and just rely on the key points of 1. Non-compliant PoFA notice and 2. Lack of evidence of landowner consent and contract?
Sorry if stupid question.0 -
However, by giving this evidence am I implying that I know who was driving and therefore would it be better to leave this evidence out altogether and just rely on the key points of 1. Non-compliant PoFA notice and 2. Lack of evidence of landowner consent and contract?There is no obligation on the keeper to identify the driver, regardless of whether he/she knows who the driver was. 1. and 2. (above) in the context of Smart Parking are pretty lethal.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street2 -
So yes you can attach the evidence but don't name the driver nor suggest you made the payment.
It's just 'proof that payment was made'.
A keeper can't lose at POPLA v Smart Parking, as long as the driver is not identified and the PoFA non-compliance is cited clearly.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Which bit of “you are under NO legal obligation to name the driver” was not clear? Even if you know who was driving, you or anyone else, it matters not. The “driver” and the “keeper” are two separate entities in law.2
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To win at popla against smart just use below. No questions needed..just use it. End of.
The operator does not have a contract to issue pcns at this site
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Thanks all for the comments and advice. Just to let you know and conclude this story that SmartParking withdrew from the POPLA appeal, with the reason 'client request' (not sure what that means?), thus cancelling the PCN.
The 4 points I based the appeal on were
1. No PCN received
2. Non-compliant PoFA notice to keeper
3. Smart Parking's response to the initial appeal stating no payment was made is incorrect
4. Lack of evidence of landowner consent and contract
Without this forum I would not have been sure how to effectively put the POPLA appeal together, thank you!
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