Smart Parking Ltd, Junction One Retail Park, Bidston Moss, CH44 2HE

Anchovie

Received a PCN and wanted to check that the advice from @Grizebeck is still correct 'The Parking Operator does not have a contract in its own name to issue PCNs at this site'. 

I was not the driver. Thanks

Umkomaas

At what stage are you?  Have you already made the initial appeal?  The @Grizebeck quote was most potent at  POPLA (second stage appeal), but that avenue is no longer open as Smart have jumped ship from the BPA (POPLA) to the IPC (the IAS) where in most times, there is little to no prospect of a winning appeal. 

However, Smart have been making a mess of defending their position at the IAS, so with a well-worded second stage appeal (see NEWBIES FAQ Announcement, third post), that might bring a degree of success. 

If you haven't already undertaken the first appeal stage (direct with Smart, following their appeal requirements), go to the NEWBIES FAQ Announcement, first post to take you through that process. 

No need to pay a private parking charge from any private parking firm, unless or until instructed to do so by a Judge. The charge is not a debt until confirmed as such by the court. 

Anchovie

I'm at first stage so will appeal through Smart. I'm the legal owner but not the driver or registered keeper. I've received a NTD (not a NTK). 

Umkomaas

Anchovie said:

I'm at first stage so will appeal through Smart. I'm the legal owner but not the driver or registered keeper. I've received a NTD (not a NTK). 

Hold on!  Are you referring to a ticket placed on the vehicle's windscreen?  Or do you have a letter headed 'Notice to Driver'?

Who is the Registered Keeper of the vehicle?  In what capacity are you the 'legal owner', but not the RK please?

Anchovie

I have a letter headed NTD addressed to me. I am the Legal owner but a finance company is the registered keeper. I was not the driver. 

Anchovie

Its a finance agreement through my employment. I 'purchase' the car when new and my employer 'buys' the car from me after a set time period. 

Umkomaas

Presumably, then, Smart wrote to the finance company, then they formally transferred liability to you. However, they could only transfer liability to you as the 'hirer' or 'lessee' as they wouldn't know who was driving at the time of the parking event. Neither would Smart!

Can we please see a redacted copy of both sides of your NtD - cover identifying details - name, address, reg number, bar codes, QR codes BUT please leave all dates showing. 

Anchovie

yes, Smart got my name from finance company: 

Anchovie

page 2 of Smart NTD

LightFlare

Just out of curiosity- how did you manage to spend 4 hours there

Anchovie

LightFlare said:

Just out of curiosity- how did you manage to spend 4 hours there

Er, I didn't (I'm not the driver) but I'm familiar with the site and have to agree that I'd struggle to spend 4 minutes there....