Parking Charge Notice - Smart Parking

[Smalls]

Hi all and thanks in advance for any help and insight.
I've done a lot of reading of threads and forums across various websites but still can't be certain of my position.
I'll explain where I'm at and how I got here.
I received a parking charge notice from Smart Parking on the 10/01/2023 for a parking violation that took place on the 12/12/2022. I immediately appealed it on the basis of having my young son with me, unexpectedly needing to change his nappy before we left the soft play we were at, him having a tantrum that I had to deal with and then him wanting food whilst we were sat in the car which helped to calm him down. All of this added up to me being 14 minutes over the 2 hours of parking I paid for. I naively thought this would be sufficient for them to waive the £100 charge they had issued me, it wasn't. I then appealed via POPLA and was again rebuffed. They said that the cameras showed my car leaving 14 minutes late so therefore they couldn't cancel the charge.
I have since received a letter from debt recovery plus stating I need to now pay £170.
I've read various things: equality act due to having a young child, that the parking company aren't allowed to charge me more than £50 and also, which I feel might me my best chance, that if the ticket was issued 14 days after the event it is invalid.
Now the initial parking charge notice I received clearly states that it was issued on the 10/01/2023 and the parking incident occurred on the 12/12/2022 - wahoo! I thought. I've got them however, I've since read that the letter they send you needs to state the 'Protection of Freedoms act' - it doesn't. Also, through my appeals I admitted that I was driving the car.
Would these two final points render this appeals option pointless? That it doesn't state 'Protection of Freedoms act' and that I've already admitted I was the driver?
Any help or insight much appreciated. Also, if this option is still available to me to appeal (based on PCN being issued more than 14 days of event) is there a handy template I could use to send to them?
Thanks in advance,
Smalls.

[charitynjw]

Hi all and thanks in advance for any help and insight.
I've done a lot of reading of threads and forums across various websites but still can't be certain of my position.
I'll explain where I'm at and how I got here.
I received a parking charge notice from Smart Parking on the 10/01/2023 for a parking violation that took place on the 12/12/2022. I immediately appealed it on the basis of having my young son with me, unexpectedly needing to change his nappy before we left the soft play we were at, him having a tantrum that I had to deal with and then him wanting food whilst we were sat in the car which helped to calm him down. All of this added up to me being 14 minutes over the 2 hours of parking I paid for. I naively thought this would be sufficient for them to waive the £100 charge they had issued me, it wasn't. I then appealed via POPLA and was again rebuffed. They said that the cameras showed my car leaving 14 minutes late so therefore they couldn't cancel the charge.
I have since received a letter from debt recovery plus stating I need to now pay £170.
I've read various things: equality act due to having a young child, that the parking company aren't allowed to charge me more than £50 and also, which I feel might me my best chance, that if the ticket was issued 14 days after the event it is invalid.
Now the initial parking charge notice I received clearly states that it was issued on the 10/01/2023 and the parking incident occurred on the 12/12/2022 - wahoo! I thought. I've got them however, I've since read that the letter they send you needs to state the 'Protection of Freedoms act' - it doesn't. Also, through my appeals I admitted that I was driving the car.
Would these two final points render this appeals option pointless? That it doesn't state 'Protection of Freedoms act' and that I've already admitted I was the driver?
Any help or insight much appreciated. Also, if this option is still available to me to appeal (based on PCN being issued more than 14 days of event) is there a handy template I could use to send to them?
Thanks in advance,
Smalls.

Post up a redacted copy of the original postal Notice to Keeper, front & rear.
Plus legible photos of the site signs.
IDing the driver is usually a game changer.
Unfortunately, usually it favours the parking company.

[Smalls]

Thanks in advance.

I suppose another thing I'd like to know is that of I can't get out of the charge can I get it reduced from £170

Much appreciated

[Smalls]

Sorry I don't have pictures of the signs but I remember there being a quite a few about in the car park. Problem is I didn't realise I'd gone over the time limit.

[charitynjw]

Sorry I don't have pictures of the signs but I remember there being a quite a few about in the car park. Problem is I didn't realise I'd gone over the time limit.

I'm presuming by the Notice photos that this is an ANPR situation (ie,no windscreen PCN).
If so, had you not ID'd the driver, this would have been a slam dunk 'out of time for keeper liability' matter.

However, it could still be argued that, together with the paid-for 2 hrs, the minimum 10 minutes grace period to exit (BPA Code of Practice) & the oft forgotten 'reasonable period' allowable to enter the car park, find a space & read signage, etc.*, you should be well within the 2hrs 14/15 minutes.

*Entorres v Miles Far East[1955] 2 QB 327
Held:
To amount to an effective acceptance the acceptance needed to be communicated to the offeree.

[Smalls]

Okay thanks for the insight and feedback.

Would I send that argument in a letter to Smart Parking themselves or wait until it goes to court and make the argument there?

Cheers

[charitynjw]

Okay thanks for the insight and feedback.

Would I send that argument in a letter to Smart Parking themselves or wait until it goes to court and make the argument there?

Cheers

You appear to have exhausted the appeals route for now.
If it were me I'd ignore & file any debt collectors' letters & wait to see if a formal letter before claim is issued, either by the parking company or their legal rep. (DRP, or for that matter any debt collector, does not have the locus standi to enforce the pcn.
At lbc stage you can proceed, under civil procedure rules, to fight your case.

[Lou2408]

Can anybody advise? I have received a LBC from CST. have previously received correspondence from DRP but do not have anything else *♀️. Additionally I have another letter from CST with different ref no, think this is another over stay! Oh and more recently another 15 minutes overstay from smart parking in November. I haven’t acknowledged any! Could have numerous excuses but…. *♀️ could’ve been my sister in law visiting from the USA!

[des8]

Lou2408 but please start your own thread.
piggybacking on an existing thread only leads to confusion