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HELP! Smart parking PCN notice (well overdue)

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  • HELP! Smart parking PCN notice (well overdue)

    Hey there guys

    hoping you can help!

    my girlfriend recieved a smart parking pcn notice dated the 10/10/22 for an offence that took place on the 23/9/22. To begin with this is outside of the 14 days notice period but there is more to the story that may impact the outcome.

    my girlfriend forgot about the notice as weve recently had a little girl, she was born the end of november but we hve had a large amount of complications with her pregnancy (namingly, pre clampsia and HELLP syndrome) this has taken over our life for the last few months and needless to say we forgot about the prking notice. she has since recieved a letter from debt recovery plus after missing both payment deadlines. The date of this notice was 6/12/22. We have only opened this letter in the last few days as we were in hospital after the birth of our child till the 12/12/22.

    this doesnt favour our situation i know but the parking notice was only issued as the only way to pay for parking was via there app, which i now know notoriously doesnt work. This was the case for us, my girlfriend was dropping me off at an appointment and used the app to pay for the parking, she closed the app after it began processing the payment as it was buffering and she was now leaving. Upon picking me up from the appointment she opened the app to pay again for another period of parking and the app was showing that payment never went through. Worried she then decided to pay twice for parking to cover the 25 minutes we were in the carpark for earlier and the 20 minutes we were there for again after picking me up. This failed and she went theough the process again to which it finally worked. We left that day assuming that all would be okay as it was their issue with the app and we had paid up twice to cover both lots of parking.

    the only evidence they have supplied with the pcn is what looks to be anpr camera snapshots of us entering the carpark with the stated time, 9:23 AM,and the same screenshot of her leaving the carpark at 9:48 AM. These are pictures of her car entering and leaving, not parked up. I have read that this doesn’t constitute proof of parking? How true this is im unsure.

    Is there grounds for contesting the ticket?? Do i just go for the fact they have issued the notice outaide the 14 days? Do i give them a an explanation as to why it has been ignored? Do i speak with the debt recover service or smart prking themselves?? The longer i leave this the worse it is going to be so any advice would be greatly appreciated!

    i can attach the documents ive recieved, i can also provide a screenshot of the payment for the parking payment in our banking app but i didnt screenshot the app telling us the payment had failed.

    many thanks in advance!
    Tags: None

  • #2

    First of all edit your post so that the driver of the vehicle cannot be inferred e.g the driver did this or that.

    Then a letter:

    I have just received your request for payment for an alleged debt

    Please note your principals 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. Therefore liability for the alleged charge from the driver at the time to me, the keeper cannot be made.

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

    Suggest you return the matter to your principals and remove my details from your records.

    As this alleged debt is disputed 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.
    Yours etc

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


    Make no other contact with them, and never by phone in any case

    Comment


    • #3
      Hi Des8, sorry for the late response with a new baby here im finding it hard to get anything done at the moment!

      Merry christmas aswell!

      firstly, im not sure what you mean when you say edit the post? Is that because i should send what ive written to them to explain my situation? Or because someone may read it on here?

      then for the letter, does it have to sent by post? There is a place to dispute the notice with smart parking on there website, can i send what you have said to them through that? And should i send this to the debt collection service aswell or just smart parking?

      sorry for the questions, i just dont want to get this wrong!

      Comment


      • #4
        Congratulations on the new arrival and trust Mum & babe are now doing well.

        You need to edit you first post on this thread so you do not identify the driver.
        Some companies read these forums and it easier for them to pursue the driver than the keeper.
        Change the post so, for example, "the driver was dropping a passenger off"

        You only need to send letter to Debt Recovery Plus.
        You can use their email address if you prefer, but I always recommend using Royal Mail.
        It is difficult to show if an email has been sent if you need to do so later, but no problems with first class post with free certificate of posting from a post office

        Comment

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