Smart Parking PCN

[SheffBlade]

Hi all,

I hope someone can help me here - I feel like this might be a unique situation.

My husband received a PCN from Smart Parking today for an offence on the 5th June 2021. We entered one of their car parks at a popular seaside resort to try and locate a space however it was extremely busy and we were unable to do so. However due to the size of the car park, our seemingly endless driving round looking for a space, and the volume of other traffic in there also looking for a space, it took over 22 minutes to get back out. We then found parking elsewhere but I fear we didn’t keep the ticket as proof.

The PCN letter is dated the 17th of June and so I believe this rules out the 14 day notification period as a reason for appealing.

Is anyone aware of any other reason we can use to appeal this or should I be completely honest about the situation to the company?

Thanks in advance for any help offered.

[ostell]

Nope, it is assumed 2 WORKING days for delivery. 17th is a Thursday so the next working day is Monday 21st. Oh dear, event (not offence) was the 5th so that makes it 16 days.

Have you posted on Pepipoo as I've just responded to something very similar on there?


edit your post so that the identity of the driver cannot be inferred. The driver drove and parked, the keeper received the notice

Edit:

It was on Pepipoo but not you but here's the response on there:

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.

For purpose of clarification 9 (6) states that delivery is assumed 2 working days after sending. As your letter was sent on Thursday 17th it is assumed delivered on the following Monday 21st. This is some 16 days after the event

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 a post office

[SheffBlade]

Fantastic, thanks Ostell :-)

[ostell]

Edit your post. The driver drove and parked, the keeper received the notice