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Smart Parking ticket help?!

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  • Smart Parking ticket help?!

    Hi, I am hoping I have started this post correctly, I am new here so forgive me if this has fallen into the wrong section, I can re post somewhere if so.
    We have received a parking ticket via Smart Parking for a 2 hour stay at a local pub car park. The local pub has signage up that you need to register your number plate at the bar ( it was half 6 at night and we didn't actually see this sign!) We were drinking in the pub too. We have tried to contact the pub a few times but they have said it isn't their problem ( helpful I know)
    The offence took place on 23rd Dec 2021, and we received the fine (letter dated on 13th Jan 2022) and was received on 17th Jan 2022.

    The letter doesn't mention the freedom act, so wondering if we can appeal as it was after the 14 days, or we don't stand a chance as the letter doesn't mention the freedom act?
    Any help would be appreciated. I can attach letter if this would help?
    Tags: None

  • #2
    It doesn't have to mention POFA but has to comply if they want to claim from the keeper.

    Does this help?

    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 post with free certificate of posting from a post office.

    Post up the redacted PCN but leave the dates. See how many other fails when you have to appeal to POPLA

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