Goose Green Car Park Altrincham

UrbanAchiever

Thanks, but it wasn't deliberate, and I take you comments on board.

Yours, UrbanAchiever aka GaryxG

UrbanAchiever

Gr1pr said:

Wait for your NtH to arrive, with YOUR NAME & ADDRESS on it 

Correct 

Thanks for your reply, that's a great help.

UrbanAchiever

Thanks for your help so far.  I have now (finally) received the Notice to Hirer with my name and address on it.  Before I send my appeal to them as per the template, please can I just check the best time to send it?

Here is an outline of dates so far:

Per the original PCN sent to my lease company:

Date of Contravention: 31/8/24

Date Issued: 17/9/24

Date my lease company emailed me with a copy of this PCN and advising that they had advised Smart Parking that I am the Hirer: 25/9/24

Soon after this I emailed the lease company to advise that I am appealing and not to pay the charge, which they confirmed.

Date I received the PCN: 12/10/24

The PCN they sent me still has all the same dates on it, with the original "date issued" of 17/9/24.

No other documents were sent to me with the PCN.

I have my template response ready to email them, but want to check the timings.  I am safe to send it today, or should I wait for a particular date to send it?

Thanks in advance.

UPDATED:
Having done some more reading in the forum, I believe that I should wait until 21 days have elapsed since my lease company advised Smart Parking that I am the hirer.  Is that correct?

Also, I have read that the PCN should have been issued within 14 days of the alleged contravention?  Given the dates above it would appear that they haven't complied with this either.  Is that another thing I should put in my letter?  Or is it something I keep up my sleeve if required?

Coupon-mad

Smart Parking don't use the POFA at all, so they cannot hold a hirer (or the keeper) liable.  You can't lose. Just use the Edna_Basher appeal at the bottom of the first post of the NEWBIES thread.

UrbanAchiever

Thanks for your reply.   That's good news.  I have the Edna Basher appeal email ready to go.  Does timing of when I send it matter?

Gr1pr

POFA 2012 has a special section for these types of chains, where hirer's could be liable, both in timescales and wording, so personally I would suggest that you do the online appeal just before the hirer deadline looms, although as Smart parking never comply with POFA then its irrelevant really 

They won't have included a copy of the hire or lease contract or agreement, won't have used POFA wording and won't have complied with the POFA timescales either 

So an early appeal should not matter, but do not miss the deadline on the NtH letter 

UrbanAchiever

Thanks very much.  There is no "new" deadline to appeal for the hirer.  The NtH they sent me is identical to the one they sent the lease company. This gives 28 days to appeal from the date it was originally issued, which seems unfair, but nothing seems fair about how these cowboys operate! Today is day 27 from the original date, so I will submit my appeal today.

Thanks again.