Recently emigrated | No notice from PPC | Only rental co. email

FeedThemCake

Coupon-mad said:

This is wrong, it's not the August Notice that arrived at granny's house:

"the above-detailed PCN, having been issued on 14/08/2023"

My reply to KeithP goes into more detail, but in that line I'm assuming that the "PCN issue date: 14/08/2023" refers to the initial Notice to Registered Keeper, in this case the rental agency. If the PCN was only issued on that date, then it stands to reason that the NtK can't have been sent earlier than that. If that's the case, it's more than 14 days since the parking date.

It all depends on what "PCN issue date: 14/08/2023" signifies. If someone can clarify that would be great.

If I'm wrong I'm happy to remove that bit.

Coupon-mad

No, that paragraph in EdnaBasher's defence is talking about the NTH.  This appeal has nothing at all to do with the first NTK.

FeedThemCake

Having reviewed the posts further back in this thread, I intend to do the following and in this order (*please confirm if steps 1) and 2) should be done at the same time*)

1) Send an amended version of the Edna Basher letter, on behalf of my gran, choosing the "I was not the driver on this date..." option.  I'll exclude the "14 days late notice" argument, listing me as the driver and giving my old UK address (same as gran's):

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [Deleted by Forum Team]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Smart Parking Ltd (“Smart Parking”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Smart Parking’s Notice to Hirer did not comply with POFA; in order that you may fully understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Additionally, I can confirm that I was not the driver of this vehicle on the date of the alleged parking contravention. The sole driver of the hire vehicle over the duration of the hire agreement was [FULL NAME HERE] with address [MY OLD UK ADDRESS HERE - same as gran's address].

Given that Smart Parking has forfeited its right to keeper liability, please confirm that you shall now cancel this charge or transfer liability for this charge to the above-mentioned driver of the vehicle. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

<Good ol’ Granny>

question: do I need to provide "supporting documentation" to prove that Nan wasn't the driver?

2) Email SmartParking quoting the PNC reference number, confirming that I was the driver (*I do not know which avenue to use for this, probably email but I don't know which email address - any help appreciated*)

And finally, once the NTD addressed to me arrives in the mail back in England:

3) Send a data rectification notice to SmartParking DPO (dpo@smartparking.com) informing them to erase whatever existing data of mine they hold and update my address to my current overseas address, including non-photo proof of residence in the email.

Again, I much appreciate the advice.

Cheers

Le_Kirk

You shouldn't write to them "on behalf of" Granny, she needs to send it in her name; you can, of course, help with the draft (as you have done).  Why not cut out the middle man and ask Granny to write the letter, naming you as driver with your overseas address?

Coupon-mad

Why are you doing this?

The sole driver of the hire vehicle over the duration of the hire agreement was [FULL NAME HERE] with address [MY OLD UK ADDRESS HERE - same as gran's address].

That throws away Gran's 100% nailed on win and stitches you up.

EITHER:

She names you at OVERSEAS address, or

She appeals and easily wins as hirer and DOES NOT name you.

No-one said to name you at a UK address!

FeedThemCake

Le_Kirk said:

You shouldn't write to them "on behalf of" Granny, she needs to send it in her name; you can, of course, help with the draft (as you have done).  Why not cut out the middle man and ask Granny to write the letter, naming you as driver with your overseas address?

Don't worry it will be in her name - I think it would be better if I handle the online appeal process itself, she's not too computer savvy.

Coupon-mad said:

Why are you doing this?

The sole driver of the hire vehicle over the duration of the hire agreement was [FULL NAME HERE] with address [MY OLD UK ADDRESS HERE - same as gran's address].

That throws away Gran's 100% nailed on win and stitches you up.

EITHER:

She names you at OVERSEAS address, or

She appeals and easily wins as hirer and DOES NOT name you.

No-one said to name you at a UK address!

I based that on the post on page 1:

Fruitcake said:

Your nan needs to give your name and contact details to Smart and to Enterprise stating that you were the driver. You need to state the same thing to Smart and Enterprise. 
This "should" reset the clock and Smart "should" issue a NTD to you. Alas, since the parking industry is unregulated, they may decide to ignore the law and go after your nan.

It might be easier to do this in two stages. Nan names you as the driver and gives your UK address for service. Hopefully Smart will issue a NTD to you at that address. Once you have that, your nan and Enterprise will be out of the loop and cannot be held liable. You should then send the rectification notice to Smart's DPA instructing them to erase your old data and replace it with your new overseas address for service. Don't forget to include non-photo proof of overseas residency.

I still don't know what's the best way to confirm I was the driver, I guess just email them.

Coupon-mad

No.  Don't do it.

Gran appeals as hirer. Gran says she wasn't driving.  Gran wins.  This is so easy!

FeedThemCake

Coupon-mad said:

No.  Don't do it.

Gran appeals as hirer. Gran says she wasn't driving.  Gran wins.  This is so easy!

OK. And I don't need to provide any supporting documentation like it says on the Smart website, to prove she wasn't the driver?

Coupon-mad

Nothing.  It's the easiest one your Gran could hope for!  Smart will cancel the PCN.

FeedThemCake

UPDATE:

Gran finally received a letter confirming that the PCN has been cancelled.

I also got in touch with the DPO and got them to confirm that my own details have been removed and any outstanding PCNs associated with me have been cancelled. The appeal did name myself as the driver, living abroad at a foreign address, and I guess they realized that they can't get to me.

Thanks very much to everyone who provided advice and suggestions throughout this thread!