Clarification of Newbie Thread

Gr1pr

Gene_Crewbar said:

Gr1pr said:

Gene_Crewbar said:

Gr1pr said:

Gene_Crewbar said:

Gr1pr said:

Its not for me to say because she currently has multiple choices,  so must decide which path to follow,  before anyone can give the correct steps   ( we shall have to agree to disagree   )

There is no correct way to name me as driver? 

There is,  she would email the private parking company,  naming the driver, giving the drivers name and address and any pcn reference number, plus the VRM details too,  exercising her legal right under POFA2012,  and also CC DCB Legal as well

The parking company would then write to you as the named driver,  you then deal with the fallout as a driver,  first person witness,  probably the only witness 

But

I would think that your partner has no legal liability under English law

 any correspondence they may have sent to the old address. 

Yes she emails that LoC response and adds the extra addition you mentioned to it 

Smart Parking are renowned for not bothering with Pofa2012 compliance until quite recently,  this year, so definitely not in 2021 , ergo they are unable to transfer liability from the driver to the keeper 

I’ve been staring at text and reading about parking legislation for too long. 

Remember,  Rome wasn't built in a day, hence why you should be more accepting of the advice being given by those of us who reply with England and Wales advice 

Hopefully your partner will do the right thing here,  standing her ground 

Coupon-mad

We are 100% certain that Smart Parking never used the POFA (not ever) until this year.

Gene_Crewbar

Gr1pr said:

Gene_Crewbar said:

Gr1pr said:

Gene_Crewbar said:

Gr1pr said:

Gene_Crewbar said:

Gr1pr said:

Its not for me to say because she currently has multiple choices,  so must decide which path to follow,  before anyone can give the correct steps   ( we shall have to agree to disagree   )

There is no correct way to name me as driver? 

There is,  she would email the private parking company,  naming the driver, giving the drivers name and address and any pcn reference number, plus the VRM details too,  exercising her legal right under POFA2012,  and also CC DCB Legal as well

The parking company would then write to you as the named driver,  you then deal with the fallout as a driver,  first person witness,  probably the only witness 

But

I would think that your partner has no legal liability under English law

 any correspondence they may have sent to the old address. 

Yes she emails that LoC response and adds the extra addition you mentioned to it 

Smart Parking are renowned for not bothering with Pofa2012 compliance until quite recently,  this year, so definitely not in 2021 , ergo they are unable to transfer liability from the driver to the keeper 

I’ve been staring at text and reading about parking legislation for too long. 

Remember,  Rome wasn't built in a day, hence why you should be more accepting of the advice being given by those of us who reply with England and Wales advice 

Hopefully your partner will do the right thing here,  standing her ground 

Well, t’was the various threads full of advice and links on this forum I was reading. 

Gr1pr

True, but I doubt that you were studying Smart Parking advice in the year 2021 , or before 2025 for that matter

Experience over many years tells us that with certain cases there is no keeper liability,  so if the keeper wasn't the driver then they are not liable,  as in this case for anything before 2025  

The announcements are up to date,  we give advice based on the present and the past,  so as your thread featured a past pcn then the advice reflects that aspect because of its importance 

But if it happened again next week,  our advice would be based on the present aspects,  which could be different,  typically if a parking company have finally started to comply with Pofa2012,  the law ( so after 13 years of not doing so, they are chasing historical cases like your partners,  most of which are likely to fail if challenged correctly,  but going forward they may have more success next year onwards , if they improved their enforcement processes   )

Read the following court claim case where the driver was admitted and is being chased for a 2021 pcn

https://forums.moneysavingexpert.com/discussion/6620049/chances-of-winning-at-court#latest

Read this 2025 appeal one where they possibly tried to comply with Pofa2012 but failed at Popla based on the timescales , so nothing to do with the incident or who was driving 

https://forums.moneysavingexpert.com/discussion/6603065/smart-parking-sp/p1

doubledotcom

This is a lot of waffle and obvious overthinking for what is a simple and guaranteed win if you only respond to the LoC as the Keeper. They WILL issue a county court claim and you could defend it with a nursery rhyme and it will be discontinued before the £27 trial fee has to be paid.

Anything else, and you are going to screw up what is essentially a simple win. Whether you do it for your wife does it is irrelevant as long as it is done in the Keepers name and the driver is only referred to in the third person. No "I did this or that", only "the driver did this or that".