Smart Parking Appeal Rejection

mrrockford01

Recently recieved a NTK for staying over the free period at a retail park.The incident happened on the 5th September with the charge issued on 21st September but it didn't actually arrive until 28th September

I wasn't the driver,while I am the registered keeper,it isn't my car.I thought as it was clearly outside the 14 day period appealing without naming the driver might shut them up.

Unsurprisingly the appeal was rejected with a bizarre claim that they would hold me responsible as the balance of probability is that I was the driver.

I was wondering if I should just ignore them from now on?Surely this wouldn't stand up in the small claims court but could they even take it that far with no evidence of the driver?

Not sure if it makes any difference but in their rejection email they state the charge notice was issued on the 17th September rather the the issue date of the 21st clearly stated on the NTR.

Thanks in advance for any advice,I have read about similar threats on the forum but can't find any information about whether they actually move foreward in this type of situation.

Jame4ters

Based on the dates quoted the NTK isn’t POFA compliant so they are just attempting to get the driver’s details by a different means.

It seems to have become a popular thing recently. There are plenty of threads with similar circumstances for you to read.

Does the NTK include a picture of the driver? If it is quite obviously not you then there is the option of you sending a redacted copy of your driving licence and telling Smart to do one.

Alternatively, you can just ignore them and whilst you’ll receive a few laughable “threatening” letters you’ll never have to pay

Gr1pr

Plan A in the newbies sticky thread in announcements should have been your first task, a complaint about it to the retail park management company or landlord or landowner ASAP after you received the NTK PCN letter

If Smart Parking failed to comply with Pofa2012 and if you weren't the driver, then you have NO legal liability in law, so any future court claim would fail

To answer your query, YES they could issue a Money Claim N1SDT pack from the CNBC in Northampton using MCOL, probably via DCB Legal, against you as the defendant, but they usually discontinue just before the hearing fee is due, like the over 963 cases in the discontinuations thread by Umkomaas on here

Dont overthink it, you aren't liable, end of. !

mrrockford01

Thanks for the advice,much appreciated.Is it worth bothering with the IAS to appeal based on them not following Pofa2012 or will they also claim it doesn't apply?

Gr1pr

You can certainly try it, just assume that it will fail, so that you don't get your hopes up ! Lol

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82176205#Comment_82176205

Depends. Sometimes it works & sometimes not, but you lose nothing because you don't have to pay.

I would attach the rejection letter & point out that they tried to mislead you about the POFA applying, which is conduct which clearly breaches consumer protection law:

"Not sure if it makes any difference but in their rejection email they state the charge notice was issued on the 17th September rather the the issue date of the 21st clearly stated."