Smart Parking, Parking Charge Notice (PCN) - Failed to pay for suffcient time

[mstorm]

Good Evening, I know there are so many different threads regarding appeals and what not, however I would just like to lay out the deatils of the PCN that my father recently recieived:

• My father received a PCN for £100, claiming he hadn't paid for sufficient time, even though he paid for more than his stay.
• The PCN only mentions entry and exit times [Arrival time: 14:42:26] -> [Departure time: 14:53:38], which means the total stay time was [10 minutes, and 52 seconds]
• Normally, there's a 14-day discounted payment period, which started on the issue date, 11/10/2023.
• The alleged contravention happened on 19/09/2023.
• The PCN was issued on 11/10/2023, but it was received today (23/10/2023 (over a month since the contravention date???)), giving almost no time to even pay the discounted charge from the issues date.
• We're not sure on what grounds to appeal because payment was made with coins, and there's no digital receipt.

Any advice would be grand, I'm assuming the main talking points could be the lateness of the letter, fact that the parking was paid for more than the required time. I have even attached the signage for that particular area, with the minimum stay time that you pay for being 1 hour. What acts/documentation could we mention in the appeal? Cheers.

[mstorm]

[des8]

Assuming the car is registered to the recipient of the notice, he may send them:

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

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

[mstorm]

Assuming the car is registered to the recipient of the notice, he may send them:

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

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

Really do appreciate the response


Just so I am clear, the overall payback time period is 28 days, therefore from the issue date of 11/10/2023, it would be due by 08/11/23, will the above letter suffice merely on the grounds of not giving enough time to pay within the first 14 day discount period?

Thank you.

[des8]

To hold the Keeper liable for parking charge the notice has to be received by the keeper within 14 days of the event.
That is what the statute says.

The notice you have was issued 22days after the event, so in no way within the time limit required by law
They can go whistle! (but won't stop trying to relieve the keeper of his money)

[mstorm]

To hold the Keeper liable for parking charge the notice has to be received by the keeper within 14 days of the event.
That is what the statute says.

The notice you have was issued 22days after the event, so in no way within the time limit required by law
They can go whistle! (but won't stop trying to relieve the keeper of his money)

Cheers, and should we put the PCN number on the letter and all the dates such as the contravention date, issue date and date of recieval?

[des8]

Cheers, and should we put the PCN number on the letter and all the dates such as the contravention date, issue date and date of recieval?

If you include the PCN number they will be able to match your letter to their records

[mstorm]

If you include the PCN number they will be able to match your letter to their records

I dont want to sound daft, but I am assuming that we would want to do that correct? Also, please advise whether to put any other extra info such as the payment by coins, contravention date, issue date and date of recieival etc, or would the paragraph above suffice for this particular situation? Also, would any grace period apply aswell? Just want to make sure we have the best chance at appealing, thats all. Thank you.

[des8]

You are correct.

No matter how much you put in your appeal to Smart, they are quite likely to reject it.

At this stage you are just telling them that you have read the statute (PoFA2012) and are aware of the law.
They will know that it is not worth pursuing the matter through the courts but may or may not continue to try and part you from your money.

If they do try it on, then you appeal to POPLA with more grounds. No point doing it at the moment

[KAustin]

I have a PCN with date of contravention 21/10/2023 and date issued: 09/11/2023, so 19/20 days, correct? does it have to be working days? I thought, as I have read other legislation, it could have been longer, so in my case, would the above letter work for me too?

Please note I have appealed (still awaiting) basically as a ticket was purchased but from the wrong machine, given that the carpark layout is horrendous and actually encompasses (found out later) two different car parks.

Any help is appreciated. Thanks

[des8]

KAustin If you are looking for help, please start your own thread.
Interrupting an existing thread is not only considered rude, but it causes confusion

[KAustin]

Wow! No need for that rudeness. I'm only looking for help!

And if you look, I was also commenting on this existing thread. No assumptions please. Absolutely terrible behaviour by you.

[des8]

Sorry you were offended, but I was only pointing out that hijacking causes confusion and is not considered polite .
Also by posting as you did, you are less likely to obtain assistance than by starting your own thread.