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Please Help Smart Parking PCN Issued

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  • Please Help Smart Parking PCN Issued

    Good morning,

    I hope you can help.

    The driver was driving and parked the vehicle and the keeper of the vehicle received a PCN from Smart parking. The first notification of an offence was through Debt Recovery Plus where a letter was sent to the registered keeper. The date of contravention was 7/8/2023 and the notice from debt recovery was on the 6/10/23. At this point there had been no correspondence from Smart Parking. The keeper of the vehicle contacted Debt Recovery Plus over the phone to inform them this was the first they had heard of the offence and the driver has proof of payment of a parking ticket so the fine will not be paid. The keeper was told to ignore the letter. Please see a copy of the letter attached.

    The keeper of the vehicle then received a PCN of 100 (60 if paid in 14 days) from Smart parking with an issue date of 13/10/23. The arrival time was 15.55 and departure time was 16.37. The driver has evidence of a 40p payment for 30 minutes parking. The driver has evidence that the ticket was purchased at 15.58 on their bank card. The driver had a 7 month baby which required feeding before the driver could leave. Unfortunately this unexpectedly delayed the drivers exit from the car park.
    Please could you let me know how is best to appeal this ticket and whether there is a good chance of success?

    Many thanks

    Tags: None

  • #2

    Are these two different incidents, or was the PCN issued 13/10 for the alleged parking incident 07/08?


    • #3
      Hi, thanks for your reply. They were both for the same incident.


      • #4
        With regards to the "new" Notice to Keeper send them:

        I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

        You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

        There is no legal requirement to name the driver at the time and I will not be doing so.

        Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

        Yours etc

        Send first class post with free certificate of posting from a post office


        • #5
          Thank You. Would you expect them to accept this appeal?


          • #6
            Only if they are in sensible mode


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