Smart Parking Ltd PCN for overstay - won

[Duckster]

Hello All,

Asda/Waitrose and it was dark.

I have read briefly around the topic and the founding legislation and the first issue I can see is the fact that I received the PCN out of time; the date of the contravention was the 1st of January; I did not receive the PCN until the morning of the 16th of January, over the 14-day time permitted by PoFA 2012. I have retained the enclosing envelope and it has been Tag Coded by Royal Mail.

I have read Mystery1's calculated and very impressive appeal response and sort of understand it, but I would just appreciate some guidance on how I should approach this particular case.

I am contemplating a FOI request to the DVLA to ascertain when the RK details were requested but I have not submitted one as yet.

Many thanks in advance to anyone who can help.

Ducky.

[mystery1]

Re: Smart Parking Ltd PCN for overstay

What dates is on the letter ?

It is deemed delivered 2 business days (MON - FRI exc bank holidays) after posting. Must arrived within 14 days.

Everything else should be in http://legalbeagles.info/forums/show...land-and-Wales

M1

[Duckster]

Re: Smart Parking Ltd PCN for overstay

Hello M1,

It was dated the 9th of January but to have arrived on the 16th, I can only assume that it was backdated, or that Royal Mail have done them a disservice.

I will check out that link tonight, thanks heaps.

D.

[mystery1]

Re: Smart Parking Ltd PCN for overstay

It would have been a sure fire winner and still worth mentioning but Smart are one of the easiest to beat if you play the game correctly, at least until they wise up anyway.

M1

[Duckster]

Re: Smart Parking Ltd PCN for overstay

Hello again,

So, if I've followed it right, that link leads me to this:

"Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver .................... Insert something here (see below)

I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.

Should you reject my appeal, please supply a popla code.

Yours sincerely"

Is this how I should respond?... Or should I try the out-of-time route?

D.

[mystery1]

Re: Smart Parking Ltd PCN for overstay

Respond.

Make sure you change the bit that says ".................... Insert something here (see below)" though.

M1

[Duckster]

Re: Smart Parking Ltd PCN for overstay

OK. Will do so and feed back

(... and not mention anything about the date?).

D.

[mystery1]

Re: Smart Parking Ltd PCN for overstay

Sure, it might get you the date they claim to have posted it.

After "paragraph 9." add - Not least because it arrived on 16/01/17 and is too late.

M1

[Duckster]

Re: Smart Parking Ltd PCN for overstay

Done

(...submitted it online, kept a copy of my wording and a screenshot).

I'll let you know what (if anything) happens next.

Thanks again

[Duckster]

Re: Smart Parking Ltd PCN for overstay

Hello M1,

Well, I've received the following polite email response:

"I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

If I can be of any further assistance please do not hesitate to contact me."

('I' being Smart Parking Limited).

Thank you for your time and assistance with putting this to bed.

D.

[ostell]

Re: Smart Parking Ltd PCN for overstay

Looks like Smart living up to their name. Congratulations.