Smartparking POFA compliant NTK within received 14 days

Notinhere

Hi all.

Apologies, as I have read the newbie thread, yet I am still a little unsure on how to proceed.

So my old man received PCN from said company. He said he paid via card and displayed a ticket and wants to appeal, but only has card statement as proof. The ticket/receipt has either been lost or chucked away.

The date of contravention was 16/02/2025 and date of issue 27/02/2025 (so +2 day=13days?) within the 14 days. So was wondering if or what template to use for appealing.

I saw this thread and that is why I am unsure as the letter my dad received was within 14 days: https://forums.moneysavingexpert.com/discussion/6584391/have-smart-parking-changed-their-tactics

I am trying to find the land owner of the car park and make a complaint but struggling a bit. What to do?

Gr1pr

I doubt that Smart Parking have complied with Pofa2012,  in which case use one of those templates in the replies,  that state no keeper liability 

If in doubt,  use the blue text appeal template in the newbies sticky thread in announcements near the top of the forum 

No blabbing about the driver or about the incident itself 

Plan A is definitely the best option,  complaining about the PCN to the business or landowner or managing agents 

Coupon-mad

Please change your thread title unless you can prove to us that Smart Parking have finally come up with a POFA Compliant NTK!

Surely not. You know from my thread of NTK pictures that Smart don't use POFA wording.

PLEASE DON'T SHOW US THE USUAL SAME OLD NTK ALREADY SHOWN IN MY THREAD.

Umkomaas

The date of contravention was 16/02/2025 and date of issue 27/02/2025 (so +2 day=13days?) within the 14 days.

So, the second working day would be Monday 3 March.  Count the days now, starting with 17 February as day 1.

So was wondering if or what template to use for appealing.

Just use the following, nothing else. Don't even start trying to tell them why their NtK is not PoFA-compliant. 

This is an appeal by the registered keeper - no driver details will be given. Please do NOT try the usual trick of asking for driver details in order to get around the fact that your NTK does not comply with POFA. As there is no keeper liability, then liability cannot flow from the driver to the keeper and is an automatic win at POPLA. Please therefore cancel the notice, or issue a POPLA code at which stage you will withdraw.

They will cancel.

ChirpyChicken

Easy to beat at popla anyway.

Notinhere

Coupon-mad said:

Please change your thread title unless you can prove to us that Smart Parking have finally come up with a POFA Compliant NTK!

Surely not. You know from my thread of NTK pictures that Smart don't use POFA wording.

PLEASE DON'T SHOW US THE USUAL SAME OLD NTK ALREADY SHOWN IN MY THREAD.

But you said the following:

https://forums.moneysavingexpert.com/discussion/6584391/have-smart-parking-changed-their-tactics

1 February at 2:31PM

"No.

But the wording on the back is POFA compliant.

The date deemed served isn't."

Also:

New 2025 SP ref: POFA worded:

https://forums.moneysavingexpert.com/discussion/comment/81264177/#Comment_81264177

"POFA compliant words but not dates.

Obviously appeal as keeper"

Wasn't trying to be smarty-pants but I was geniuenly wondering on what basis appeal would be held, considering the dates in this case are within POFA. But as @Gr1pr said, I shall use the blue text appeal.

Gr1pr

No, I stated that I didn't believe that it was pofa compliant,  so use the bespoke no liability appeal,  that was the first sentence in my reply 

The blue text appeal was a suitable alternative 

Coupon-mad

So yours is a new 'SP' ref: POFA worded one?  OK fair enough! Sorry to doubt you.

Just appeal as advised then at POPLA stage use the one-liner re no landowner authority. Always wins in the end v Smart.

Seen on all Smart POPLA threads.

  

Ralph-y

like my recent chat with them

https://forums.moneysavingexpert.com/discussion/6587821/smart-parking-how-to-win/p1?new=1

Notinhere

I used the wording that user Umkomaas suggested on this thread "This is an appeal by the registered keeper - no driver details will be given...."

They have got back and sent a letter via email simply stating that they are pofa compliant and are asking to provide driver details. Do I need ask for a POPLA code, as they haven't provided anything?

I read somewhere here that it costs them money to get a POPLA code, and am wondering if that is why that haven't provided one. Just concerned that if I ask for a POPLA code they will ignore or lie about my request.

ChirpyChicken

No ignore wait for the popla code and then use the one line appeal for popla.