Smart Parking Notice to Driver

greg85

Hi everyone, on 10th July I received a windscreen parking ticket from Smart Parking - ignored it. PCN issued in Scotland, my home address is in Scotland but car on a long term  lease from company in England (Stellantis), who are the registered keeper.

Few days ago, 9th September I received a letter from my leasing company that they passed my details to Smart Parking. Quote: "We have given your details to the relevant authority transferring liability of this offence to you. The authority will contact you directly". Lease company attached third party authorisation letter that included all my details and stated on it that the vehicle is on long term lease and that me, nominated person has full use of the vehicle. 

Today I received Notice to Driver from Smart Parking asking me to pay for the PCN and also stating that Registered Keeper advised them that I was the driver at the time. 

I believe I should've been issued a notice to hirer instead of notice to driver unless lease company messed up the wording of the letter sent to Smart Parking and actually named me a driver instead of hirer. Another possibility is that Smart Parking are trying it on as the lease company cannot know for sure who was driving at the time. 

Read newbie thread and in hindsight should've contacted Smart Parking myself earlier on as hirer etc. Do I now appeal this the same way as if I received Notice to Hirer stating that I don't need to disclose who the driver was and I don't admit that I was the driver at the time or do I need to get my leasing company to contact Smart Parking to change the Notice to Driver to Notice to Hirer? Was given 23/09/24 as cut off date to appeal on letter from Smart Parking. I appreciate your help. 

LDast

As long as the lease company has transferred liability to you, the Hirer, as required under PoFA paragraph 13, then they have no further play in the matter and the morons at (not so) Smart Parking cannot try and revert back to them.

The lease company cannot know who was driving and neither do (not so) Smart. As you are in Scotland, there is (for now) no Keeper liabilty and even if there was and PoFA applied north of the border, (not so) Smart have failed to fully comply with all the requirements as per paragraph 14.

You could, if you are really bothered, tell the morons at (not so) Smart to go sit on a sharp stick and rotate because as the Hirer, and the fact that you are in Scotland, means that they should try and nourish their intellect and figure out why they are wasting everyones time with their very poor attempt to try and scam you out of money.

That or simply ignore them. Nothing will happen north of the border except you may receive some free kindling through the post from equally, intellectually malnourished scammers dressed up as debt collectors.

Coupon-mad

I wouldn't ignore them.

Appeal as hirer using the template appeal then appeal to POPLA (admit to driving at that stage) using the single point appeal posted by @Grizebeck in lots of Smart Parking threads. The point about no contract with the landowner.

greg85

Coupon-mad said:

I wouldn't ignore them.

Appeal as hirer using the template appeal then appeal to POPLA (admit to driving at that stage) using the single point appeal posted by @Grizebeck in lots of Smart Parking threads. The point about no contract with the landowner.

Should I bother to ask them to reissue the letter as a Notice to Hirer instead of Notice to Driver that I received? Or is the wording of the Notice not really important at this stage and I just should choose to appeal as Hirer on their appeal online? 

Grizebeck

Appeal as hirer  and just add in at end of the 
Appeal
It should also be noted that no documents were included as is required under pofa