Parking Charge Notice 33 days after entering private car park ( Smart Parking Ltd)

[Guest]

Hello

The vehicle in question enter a private car park on the 13/12/2019 at 10.59am and left at 11.17am. On the 18th of Jan 2020 I received a Parking Charge Notice from Smart Parking LTD 33 days after the event. This must have contacted DVLA for my name and address as the keeper of the vehicle but they haven't established that I was the driver on that day. Can I appeal this notice on the grounds of Section 9, Schedule 4, Protection of Freedoms Act 2012 and also as an* unlawful penalty charge.

Kind regards
*

[ostell]

Dear Sirs,

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

First class mail with free certificate of posting from a post office.

Smart usually cancel

It's not a penalty, it's an invoice for a sum the driver agreed to pay if they breached the conditions of parking


Edit your post as the identity of the driver can possibly be inferred.* Use "the driver ........" etc.

[hawkuk]

Awesome and thank you very much for the quick reply.

Kind regards

[hawkuk]

After scanning the PCN document in to desk publishing software I couldn't believe my eyes, the registration number has been altered the black ink is obvious it has been changed what looks like a Z to an E with a blob of ink wtf can I sue...?

[hawkuk]

[ostell]

Sue for what?* You have enough to be going on with

[hawkuk]

To obtain my details from DVLA using evidence that has been tamper with has ramifications, one being they obtained my details by illegal means and therefore are in breach of DVLA codes of practice ie, reasonable cause for data release.

I will look into this further...

[Fiv]

My first post here and probably in the wrong place - but here goes:

Using OSTELL's template letter above (many thanks BTW) I recently had a PCN cancelled by Civil Enforcement Limited. The annoying thing is that CEL did not pay any postage on their cancellation letter to me and I had to pay a £2.00 fee to Royal Mail in order to find out what the official-looking letter, which had no external sender identification, contained.

Now, perhaps CEL do this as a matter of course and it would be gratifying to know if there is some recourse open to me and others similarly affected (other than just calling them up and asking for my two pounds back).

Suggestions gratefully received.