Smart parking PCN after 14 days

[Metalsteve]

Yesterday I received a PCN from smart parking for an alleged parking contravention that took place on 02/01/21. The PCN itself is dated 18/01/21 (16 days after the alleged contravention) and it was received on 20/01/21 (18 days after the alleged contravention). The PCN claims the vehicle was parked for 14 minutes and 29 seconds. As the registered keeper can i appeal this as it is outside of the 14 days?

[ostell]

Dear Sirs,

I have just received your Notice to Keeper No. 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 post with free certificate of posting from any post office

Post up the PCN suitably redacted so that it can be checked for other failures.

[Metalsteve]

OSTELL, Thank you so much for your reply. Here is the redacted PCN.

[Metalsteve]

OSTELL, I realize the text underneath the photographs is not readable in that picture. The text is as follows.



Smart Parking Ltd have the right to seek payment of the parking charge for unauthorised parking of the vehicle on the land on the relevant date as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner.

A Parking Charge Notice (PCN) is payable with respect to the vehicle registration mark ******* for the alleged breach of advertised terms and conditions within *************** on 02/012021.

The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and the car park is managed by Smart Parking Ltd.

By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in signage, the Parking Charge is now payable to Smart Parking Ltd (as the Creditor).

A Parking Charge Notice of £100.00 is now due for payment and must be paid before the end of the 28 days from with the date of this notice. If the parking charge notice is paid before 01 Feb 2021 the amount of the parking charge notice will be reduced to £60.00. If you were not the driver of the vehicle and you wish to provide the drivers details, lodge a dispute, appeal or query this must be made online or in writing. Please follow the instructions overleaf.

Following the landmark Supreme Court ruling of Parking Eye v Beavis, it has now been established that a Parking Charge Notice issued on Private Land is enforceable. The Court rejected claims that such charges are extravagant exorbitant or unconscionable and advised that such charges act a necessary deterrent for breach of contract. A full copy of the Supreme Court Judgment can be found online at https://www.supremecourt.uk/cases/do...0-judgment.pdf. If you feel you have sufficient grounds to appeal this notice you will find full details of the appeals process overleaf. If you pay the PCN, you are therefore accepting full liability for the charge, and are no longer eligible to appeal this notice

Yours sincerely,

Smart Parking Limited

[ostell]

Yes, the have failed to issue the invitation to keeper, 9 (2) (e) or the notice of keeper liability, 9 (2) (f). There's also no period of parking. Moving in front of a camera is not, by definition, parking.

If they don't accept the first appeal then a POPLA appeal with everything thrown in should work

[Metalsteve]

So do they have to state the period of parking rather than me working it out from the ANPR entry/exit times?

[ostell]

Yes, 9 (2) (a). As I said moving in front of a camera is not parking.

[Metalsteve]

Thank you so much for your help. Do you think the original draft response you posted will suffice?

[ostell]

It will be sufficient to start with. Smart are usually sensible, could be said to be smart, and back out when someone points out a mistake.

[Metalsteve]

Ostell

I've just had confirmation from smart parking that the PCN has been cancelled.

Thank you so much for your help!

[TIMO Acton]

PCN CONTRAVENTION DATE 28/05/2021 DATE OF NOTICE 15/06/2021

Hello Im new here an the reason is a letter I get today.

The Council of the London Borough of Ealing believes that a penalty charge is payable with respect to the vehicle registration mark xxxxx for the alleged traffic contravention of 52 JM. Failing to comply with a prohibition on certain types of vehicle motot vehicles In Goldsmith Avenue W3 (U).

on 28/05/2021 at 15:15
The alleged contravenetion was recorded from a road side camaera at the time stated. The alleged contravention is supported by recorded video footage.
A penalty charge of 130 is payable and must be paid before de end of the period of 28 days beginning with the date of this notice

I when to the Ealing Gov. and I found this ...


Acton Central (north of Churchfield Road) (W3) area is a low traffic neighbourhood (LTN) that was introduced in early September 2020, on an experimental basis, made possible with funding from Transport for London (TfL). There is significant concern that large numbers of people will drive in order to avoid contact with others on public transport due to social distancing measures. This could potentially lead to a large increase in rat-run traffic through this area.

Residents in this neighbourhood will start to see the benefits of better air quality, reduced volumes of through traffic in their neighbourhood, making it a safer, calmer and quieter environment for walking and cycling.

Well I show the sign said than only can pass the people who live in ... Im not live in that road but local and before I pass many times as they had have a barrier, then change for some flower pots than sometimes have been moved to let vehicles pass on, I guess I pass one time before this letter when already have the new system and the cameras and all the stuff.


I think they should be send me the letter not longer of 14 days after the issue have been done.

Not sure what to do or how to do it as I think if you live near or have a friend or visiting a friend who live in the area

[ostell]

Don't' hijack other peoples threads. Start your own. Suggest you use the pepipoo forum

[CSM]

Ostell

I've just had confirmation from smart parking that the PCN has been cancelled.

Thank you so much for your help!

Hi Metalsteve.
I just got the same PCN from Smart Parking, same as you, outside de 14-day period. Did you send that statement from Ostell by post or did you do it online?

Thanks

[Aab 76]

ostell I have the parking notice from smart parking as above, followed your advice above and today received the letter confirming the cancellation of the charges
thanks

[CeriR]

ostell
I have received a parking fine for smart parking. Entry time
was 10.15 exit time was 11.41 but I paid for parking at 10.26 - 11.26. I tried to pay for more but would only do 1hr. The app kept playing up so I wasn’t able to pay until 11am later.I have appealed this twice with no response and my 14 days are up on 9th Dec