Smart Parking - Parking Charge

Umkomaas

NickyDe said:

Gr1pr said:

Appeal as the non driving keeper to the IAS, based on Pofa2012 and no keeper liability 

There was a recent Smart case which won   ( or was withdrawn   ) for the same reason,  no keeper liability 

Is it best to get on it right away or wait till near the deadline to buy time? 

Not sure what 'to buy time' is in this context.  Am I misunderstanding your question?

Gr1pr

Its time limited,  with a deadline,  so the sooner the better,  waiting achieves nothing 

Coupon-mad

But surely the one that was withdrawn wasn't due to a non-PoFA point, it was because I suggested adding 'no landowner authority' which Smart don't like?

Gr1pr

Then that might be a better option,  regardless of keeper liability or not 

Or

Add both points to an IAS appeal if the no keeper liability argument applies when the driver has not been revealed 

I suppose the question is,  will people succeed with the same arguments to the IAS as were commonly used at Popla when Parking were BPA AOS members  ?

Usually the recommended action is dont bother appealing to the kangaroo IAS , but now perhaps with the exception of Smart Parking cases  ?

Coupon-mad

Yes and this was tested and it worked. Obviously I am not suggesting a one-liner. This was tested based on two points.

NickyDe

So is the next step still to contact IAS via an appeal to state I wasn't driving or is there another route i should follow.

Apologies, the above messages have left me a bit confused with the best course of action to take.

Also, do i have to reply to smart parking since they have rejected my appeal?

If the correct course of action is to appeal to the IAS is there a template to follow or anything specific that needs to be included?

Gr1pr

You are being pointed towards finding a recent Smart Parking thread that succeeded at the second stage IAS appeal stage,  mainly based on no landowner authority,  plus the added no keeper liability under POFA2012 option as well,  so find it and study that win  ( it has to be a thread within the last 2 or 3 months,  but similar ones have also been used at the previous POPLA stage before Smart changed to the IPC and IAS   )

Coupon-mad

Well that was easy to find with 2 keywords:

https://forums.moneysavingexpert.com/discussion/comment/81525968/#Comment_81525968

NickyDe

Coupon-mad said:

Well that was easy to find with 2 keywords:

https://forums.moneysavingexpert.com/discussion/comment/81525968/#Comment_81525968

Thanks I've had a read through but this is a bit hard to understand. I see they are mentioning something about dates they received letters which I'm not sure if applies to my case?

I'm in the process of appealing via the IAS website. I'm guessing i am the one held liable and the keeper but state i wasnt driving?

Is there any other specific info from a template that needs to go into this

Coupon-mad

No template.

And the winning point is the extra one I advised that person to add. It has nothing to do with who was or wasn't driving, or the dates.