Smart Parking - Parking Charge Notice - Can we appeal?

[summer2024]

Hello all,

We have received a Parking Charge Notice from Smart Parking and we feel it is outside the 14 day window, and wondering if we would appeal on that basis? I was reading up on PoFA and they have n't mentioned it, so not sure if that applies. Please find details below.

Date of contravention - 28 Feb 24
Date issued - 13 Mar 24

Post received today i.e., 23 Mar 24

Also, the name of the registered keeper is also not completely correct on the notice.

What would you suggest as the best course of action in this case. Any guidance is gratefully received.

[des8]

If your dates are correct, then Smart parking are out of time for a valid notice to keeper as per the regulations set out in PoFA2012.

However , Smart Parking rarely mention PoFA 2012 in their PCNs, and say they aren't relying on it.
I think they hope that the keeper will inadvertently identify the driver, as very often the registered keeper is the driver

If you can upload a copy of the PCN, and parking signs, to a hosting site and post a link here, we can have a look and see where else they fail.

When you appeal, do not identify the driver and do not expect Smart Parking to accept your appeal! ... but that is no reason to pay them!

Here's our standard letter for this situation, which you might wish to use:

"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

[summer2024]

Hi des8 thank you for your quick response. Please find the copy of the notice attached. Can the appeal be made via their online platform or do you recommend by post only? Also, since they had issued the notice on 13 March, it was technically day 14, so in this case is it late OR are we adding the postal delay but how will I prove that I received it today? Thanks again for your help.

[summer2024]

Sorry uploading here.

https://drive.google.com/file/d/1Ews...ew?usp=sharing

https://drive.google.com/file/d/1nJc...ew?usp=sharing

[des8]

The PCN was issued on day 14, so it could not have been delivered within 14 days.
Here is the wording of the Statute:
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

Standard PCN issued by not so smart Smart Parking!
They are not relying on PoFA 2012 to transfer liability for the parking charge from driver to keeper, but hope you don't realise that and will cough up if they keep the pressure on!

[summer2024]

Is it okay to appeal via their online platform or shall we send it via post?

[des8]

I would send by post, as if you obtain your free certificate of posting you have proof.