PCN Local Parking Security Ltd

JulieM

@LDast

Oops, sorry, I thought it was the actual wording of the PCN that made it non POFA compliant. Mainly because it was missing specific wording 'the creditor does not know the name of the driver ........ invite the keeper to pay ......... or name the driver and pass the notice to the driver' etc.

Whilst I was aware of the delay in receiving the notice, my understanding was that a non POFA compliant PCN didn't have to be sent within the required time.

Thanks for pointing this out.

LDast

The NtK was meant to be PoFA compliant but they screwed up by "giving" the notice too late. They have not complied with the requirements of PoFA and so cannot transfer liability for the charge from the "unknown" driver to the "known" keeper.

(not so) Smart Parking now have to either cancel the PCN or prove that the keeper was also the driver. Unless the keeper tells them, they have no way of knowing. They are not allowed to just assume or infer as the burden of proof is on them.

JulieM

@LDast  So would it have been PoFA compliant had it been sent within the required time?  Would it have been compliant without 'the creditor does not know the name of the driver etc etc' paragraph? 

Hope you don't mind me asking these questions, just trying to educate myself.

Castle

In other news, Local Parking Security Limited, (Co reg 04125238), changed their name on 5th March 2024 to Easy Parking Solutions Limited.
EASY PARKING SOLUTIONS LIMITED overview - Find and update company information - GOV.UK (company-information.service.gov.uk)

Might be interesting to contact DVLA and find out who asked for the RK's details.

JulieM

@Castle    Very interesting, the new name didn't seem to last very long before Smart Parking took over!

Castle

Well according to this press release, it was the same day; 5th March 2024!
Smart Parking acquires LPS (Local Parking Security Ltd) | Smart Parking

Coupon-mad

Coupon-mad said:

Woah!  Smart Parking has stated two lies:

1.  "The NTK complies with POFA"

2.  "You are OBLIGED to name the driver".

Email this to Smart's complaints email:


Dear Smart Parking,

This is an escalation of my complaint because you've now lied to me and are blatantly misleading me about 'keeper liability'.

You clearly couldn't recognise a POFA compliant NTK if it smacked you in the face. Just to give you a clue: the NTK says "we have the right to recover ... from the DRIVER and further costs may be incurred".   A POFA compliant NTK would have said "keeper".

Even if the above rubbish from you is simply due to incompetence, this (below) can't be, because you should know that (POFA or not) the law sets no obligation on the keeper, but you stated:

"You are obliged to name the driver".

Errm...no I am not.  Either send me my POPLA Code (where you will lose or concede) or cut the lies and cancel the PCN this week.

If you fail to provide a POPLA Code or cancel this PCN I will complain to the BPA and DVLA.

yours faithfully,

YOUR NAME

Please send what I suggested this week. My suggested reply tells Smart that the wording is certainly non-POFA.  Regardless of date.

LDast

JulieM said:

@LDast  So would it have been PoFA compliant had it been sent within the required time?  Would it have been compliant without 'the creditor does not know the name of the driver etc etc' paragraph? 

Hope you don't mind me asking these questions, just trying to educate myself.

It would not have been PoFA compliant as already pointed out by @Coupon-mad. Have you sent the email as advised by her?

I only had to check the dates to see that it had failed PoFA. I didn't need to read the rest of it in any great detail. However, as mentioned by @Coupon-mad,  the wording "...we have the right to recover ... from the DRIVER and further costs may be incurred". Have a read of PoFA 9(2)(f), the 9th word from the end of the last sentence of that paragraph is the key failure to non-compliance.

JulieM

@Coupon-mad  @LDast

Thank you. Yes, the email has been sent.

JulieM

UPDATE

As my appeal and 2 complaints to Local Parking Security/Smart Parking were all ignored, I then complained to BPA. The PCN has now been cancelled!

Many thanks to all on here who gave me advice.