Smart Parking Limited

[GJG1971]

Hello

I received a PCN from Smart Parking Limited for an alleged contravention of their terms & conditions (parked without authorisation).

The date of contravention was 09/07/2024

The PCN is dated 23/07/2024 and was received by myself on 02/07/2024.

Therefore it was received by myself 24 days after alleged contravention.

The PCN letter does not mention POFA, so I assume that I can reply that as Schedule 4 of POFA 2012 (section 9 (2) of the act) was not complied with , I as the keeper cannot be held liable?

And/Or the PCN was not issued/received by the keeper in time ?

Thanks for any advice.

(tried to upload copy of PCN/letter but access denied)

[des8]

suggest you upload redacted copy of PCN to a hosting site and post link here.
Leave in all dates and times

[GJG1971]

link to redacted copy of PCN
https://griana-2013.imgbb.com/

[des8]

You are correct in that the Notice to Keeper is out of time so you can send something along the lines of:


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

Interesting to see the "offence" was "parking without authorisation", so assume the signs were probably forbidding in nature (e.g. can't park here without authority) which means there was no contract to park and so they can't actually charge for a contract or breach thereof!

[GJG1971]

You are correct in that the Notice to Keeper is out of time so you can send something along the lines of:


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

Interesting to see the "offence" was "parking without authorisation", so assume the signs were probably forbidding in nature (e.g. can't park here without authority) which means there was no contract to park and so they can't actually charge for a contract or breach thereof!

Thanks for this. Interesting point about the lack of contract. I may return to see what the signs actually say, if I can gain access.