Smart parking: keeper vs driver dilemma

Gr1pr

It wasnt issued on an early date, and early date would be within 11 days of the incident date, read my previous post, it didn't meet the delivery within 14 days, it won't have the standard POFA wording and warnings, Smart dont bother to comply with POFA, so your wording is not correct, and AI wont fix it, its not clever enough , the suggested wording in the link is reproduced below 

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 driver 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

Just change it from Group Nexus to Smart parking 

4 lines, not 7 pages, not even one page , don't try reinventing the wheel 

Coupon-mad

agentfourty7 said:

Gr1pr said:

Dont use a long one for appealing to Smart parking, use the bespoke short ones, long ones are for Popla, not Smart 

https://forums.moneysavingexpert.com/discussion/comment/79751762#Comment_79751762

Thank you - employed a little AI minion to improvise that, so we aren't all sending the same para to them - let's hope they haven't got AI-detectors lol

"Dear team,

I am writing to formally appeal the Parking Charge Notice (XX) received 29/04/2024 at XXX XXX, addressed to me, as the registered keeper of the vehicle (XXXXXXXX).

It is imperative to note that any attempt to circumvent the lack of compliance with the Protection of Freedoms Act (POFA) by requesting driver details will not be entertained. As there is no keeper liability established, any attempt to transfer liability from the driver to the keeper would result in an automatic victory at the Parking on Private Land Appeals (POPLA).

Furthermore, it is crucial to highlight that the alleged notice was issued on an early date but was not received until 29/04/2024, beyond 14-days from alleged parking charge. This practice should be duly noted, as it highlights a potential attempt to extract a fine from the keeper (myself) in a situation where the driver's identity remains unestablished.

I would like to emphasize that I possess evidence confirming that I was not the driver at the time in question. Any further attempt to pursue this matter without due consideration of the facts presented may result in escalated actions.

In light of the above, I request a thorough review of this appeal and urge you to either cancel the notice or provide a POPLA code for independent assessment, where it is expected that the notice will be retracted promptly.

Thank you for your prompt attention to this matter.

Sincerely,

X XXXXXXXX

Registered Keeper, XXXXXX"

That reads like Chat GPT wrote it.  We don't like Chat GPT here.  Reads really badly.

Just use bespoke one: @Grizebeck's words in the linked thread are spot on.

agentfourty7

Coupon-mad said:

agentfourty7 said:

Gr1pr said:

Dont use a long one for appealing to Smart parking, use the bespoke short ones, long ones are for Popla, not Smart 

https://forums.moneysavingexpert.com/discussion/comment/79751762#Comment_79751762

Thank you - employed a little AI minion to improvise that, so we aren't all sending the same para to them - let's hope they haven't got AI-detectors lol

"Dear team,

I am writing to formally appeal the Parking Charge Notice (XX) received 29/04/2024 at XXX XXX, addressed to me, as the registered keeper of the vehicle (XXXXXXXX).

It is imperative to note that any attempt to circumvent the lack of compliance with the Protection of Freedoms Act (POFA) by requesting driver details will not be entertained. As there is no keeper liability established, any attempt to transfer liability from the driver to the keeper would result in an automatic victory at the Parking on Private Land Appeals (POPLA).

Furthermore, it is crucial to highlight that the alleged notice was issued on an early date but was not received until 29/04/2024, beyond 14-days from alleged parking charge. This practice should be duly noted, as it highlights a potential attempt to extract a fine from the keeper (myself) in a situation where the driver's identity remains unestablished.

I would like to emphasize that I possess evidence confirming that I was not the driver at the time in question. Any further attempt to pursue this matter without due consideration of the facts presented may result in escalated actions.

In light of the above, I request a thorough review of this appeal and urge you to either cancel the notice or provide a POPLA code for independent assessment, where it is expected that the notice will be retracted promptly.

Thank you for your prompt attention to this matter.

Sincerely,

X XXXXXXXX

Registered Keeper, XXXXXX"

That reads like CharGPT wrote it.  We don't like ChatGPT here.  Reads really badly.

Just use bespoke one: @Grizebeck's words in the linked thread are spot on.

Very correct, it was indeed CGPT. I will do the changes and send. Thank you.

nopcns

For heavens sake! Please stop trying to fix something that isn't broken. Simply use this without any embellishment or editing:

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 driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

Watching someone almost shoot themselves in both feet is excruciating.

MrNoPlateNoCase

Dear smart parking ltd

i am appealing as registered keeper and am under no legal obligation to name the driver so will not be doing so.

your parking charge notice does not meet the requirements set out in POFA 2012 and therefore cannot hold me, the registered keeper, liable for this charge. Furthermore the charge was issued outside the 14 days period to hold keeper liable from date of contravention.

please cancel or provide popla code.

Umkomaas

MrNoPlateNoCase said:

Dear smart parking ltd

i am appealing as registered keeper and am under no legal obligation to name the driver so will not be doing so.

your parking charge notice does not meet the requirements set out in POFA 2012 and therefore cannot hold me, the registered keeper, liable for this charge. Furthermore the charge was issued outside the 14 days period to hold keeper liable from date of contravention.

please cancel or provide popla code.

That'll do!

nopcns

MrNoPlateNoCase said:

Dear smart parking ltd

i am appealing as registered keeper and am under no legal obligation to name the driver so will not be doing so.

your parking charge notice does not meet the requirements set out in POFA 2012 and therefore cannot hold me, the registered keeper, liable for this charge. Furthermore the charge was issued outside the 14 days period to hold keeper liable from date of contravention.

please cancel or provide popla code.

Again, trying to fix something that isn't broken. The bit in bold is already covered by the PoFA statement.

I give in... you provide the advice and it is ignored.

MrNoPlateNoCase

nopcns said:

MrNoPlateNoCase said:

Dear smart parking ltd

i am appealing as registered keeper and am under no legal obligation to name the driver so will not be doing so.

your parking charge notice does not meet the requirements set out in POFA 2012 and therefore cannot hold me, the registered keeper, liable for this charge. Furthermore the charge was issued outside the 14 days period to hold keeper liable from date of contravention.

please cancel or provide popla code.

Again, trying to fix something that isn't broken. The bit in bold is already covered by the PoFA statement.

I give in... you provide the advice and it is ignored.

I know but OP seems to have a very hard grasp and runs to ai when it’s all there.

Personally i just send “no keeper liability please cancel or provide popla” for smart parking ltd. 90% of time its cancelled other 10% i rewrite same thing but brier mention of pofa and smart parking withdraw a week later 🤷‍♀️

agentfourty7

Thank you all. You see I don't like to engage frequently with these companies, therefore try and keep it comprehensive and therefore long worded. 

Anyways, I am here to say, I sent in that appeal via their portal, never got any confirmation but haven't had a letter from them collecting the fine or a reminder letter etc either. Do I just sit back or email/call them to check the 'status' of my appeal? How long before they respond either way?

Sent appeal on 30/04/24

LDast

Either log in and see if the charge is still outstanding or simply wait for their response. It says on the NtK how long you may have to wait for a response. It's only been 15 days. Patience.