Smart Parking Fine

[Harris9053]

Yesterday (23rd) I received a PCN from smart parking for an alleged parking contravention that took place on 21/12/2022. PCN itself is dated 11/01/2023. 31 days after the alleged contravention) and it was received on 23/01/2023 43 days after the alleged contravention). The PCN does not state the length of time it was parked only the entry and exit times. Can I appeal this? The letter does not mention the Protection of freedoms act 2012.

Should I send this template recorded delivery?

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








Many thanks

[des8]

That's fine

[Harris9053]

Thanks DES8.

Will get it sent out today recorded. I was just worried because the letter didn’t mention the Protection of freedoms act but hopefully that template will still do the trick.

Will keep you updated when I get a response

Thanks

[des8]

Better not to send recorded but first class post with free certificate of posting from post office

[Harris9053]

I went at the post office at 3pm. So missed your reply, I have sent it recorded. Hopefully won’t matter to much. Will let you guys know how I got on when I get the response

[Harris9053]

Had a reply in the post today.

The have decided to uphold the PCN and stating I have to pay the charge. I have included the letter below. Really don’t know what to do now.

[des8]

No surprise there.
You now appeal to POPLA, making sure you do not identify the driver.

[Harris9053]

Okay thanks, What are the chances of winning this appeal through POPLA do you think?

[des8]

IMO you should win

They sent you a Notice to Keeper stating the car breached parking terms and so a charge is payable.
That charge is payable by the driver, but if they don't know the name and address of the driver they can claim it from the keeper.
To do that they have to comply with certain regulations contained in PoFA 2012 schedule 4.
They have failed to comply so cannot transfer liability from driver to keeper.

They realise this, hence the notice you received does not mention PoFA 2012 and they just hope you will cave in and pay