Have Smart Parking changed their tactics???

kernow999

Hello All
I have had a couple of Smart Parking tickets before all of which i have batted back at their internal appeal thingy, as i was NOT the driver, The last one they refused and sent off to popla appeals, which found for me as i was NOT the driver!
However this time, the ticket was produced and sent from contravention to issue and to my door in 14 days, usually this lot take weeks, plus when you appeal they have a new prefix in front of the pcn = SP. My attention was drawn as the now have 2 routes to appeal ie one with old TC prefix and now a separate SP appeal route, is this special route to deal with people like me ie have become pofa compliant?? Any help appreciated, before i go through my usual appeal with them, thanks

ChirpyChicken

Not seen one with the SP prefix
Please can you post up this new one? (front and back pls)  If they have and it complies with POFA then its still beatable at POPLA .  We just have to learn and adapt. TC related to when it was Town and Country Parking.

kernow999

Sorry, i have been trying to pull up the scan but it just wont load, afraid basic IT skills aren't me, if you go to  https://www.smartparking.com/uk/pay-a-parking-charge, press appeals and it will show you the 2 courses of appeals ie TC et al AND NEW SP.
I will continue to try and post image. Many thanks

ChirpyChicken

Load it onto an external website and post the link up like https://imgbb.com/

Fruitcake

Just use the standard appeal as per this post by @Grizebeck. 

Smart parking ticket — MoneySavingExpert Forum

kernow999

Thanks Fruitcake, but that argument wont work, they are now pofa 2012 para 9 etc compliant. i cannot load up image, so i will write what it says on back of pcn

"you are notified under para 9(2)b of schedule 4 of pofa 2012 that the driver of the motor vehicle is required to pay this notice in full. As we do not know the drivers name you are now invited to either pay the charge or if you were not the driver at the time of the event pls provide us with the drivers full details.....Once we receive the info we will pursue the driver....after 28 days if we payment is not made or details of the driver is not given we jhave the right to recover from you, this notice is given under para 9(2)f of schedule 4 pofa and is subject to OUR complying with the applicable conditions under schedule 4 of that act.

As i say above they are running 2 appeal tracks one under TC appeals and one under SP; appeals https://www.smartparking.com/uk/appeal-a-parking-charge, one appears non pofa and one is pofa compliant???

date of contravention and issue date is only 13 days, this is not like them, they are creating a different channel for smart !!!!!! like me!

kernow999

Thanks Chirpy, but i have approached the landowner it was a no go. Smart also have signs up and in the pcn state that the car park is private land and it is managed by smart parking in accordance with the signage, so would appear to be the operator/manager and therefore can issues pcns?? 

ChirpyChicken

No your thought process isn't right I am afraid. 
Follow what I've advised (both stages if needed) and let us know how you get on
That's all that's needed for now.

kernow999

Hi, more than happy to be wrong, i just cant see how saying the operator has no contract at this site can be correct, however i stand to be corrected and i was wrong at first when i struggled to believe the "i as not the driver" line. can you help understand how your point is right please

ChirpyChicken

It's always worked.  Some quirk with them
Just accept it works please.

Gr1pr

Dont overthink this, just follow the advice already given 

Just because we or you don't know why it works, doesn't mean that it doesn't work  ( there are numerous instances of it working at the popla stage,  or at the first appeal stage   )

We all have our suspicions,  but Smart parking are not going to tell you or us 

Your strategy is laid out above,  made super easy for you