PCN Exeter Haven Banks from Smart Parking

[mishymoo]

Hello, our car was recently driven by someone to this car park and a ticket was purchased for duration of time that the person was visiting the ten pin bowling there. Today, a month later the vehicle owner has received a fine, it does not state the reason for the charge, and the ticket was within the time frame to attend a children's birthday party. The driver even went out to check the ticket time halfway through. The letter shows photos of the vehicle entering the carpark at 15:16 and leaving at 17:22, -not necesarily the period of time the car was actually parked for or allowing for time to drive to the actual parking spot, park the car, get child out of the car and purchase ticket. Is this lega; or on what grounds should I challenge or ignore

[ostell]

First thing is to rewrite your post so that the identity of the driver cannot be inferred, Use "The driver....."etc. This is most important. You could be snatching defeat from the jaws of victory if you don't.

Was there a ticket on the windscreen? If not then if the PCN was not received within 14 days then they can no longer claim that the keeper of the car is liable for the charge. As they do not know the identity of the driver then they are up the proverbial creek.

Post up a copy of that letter, suitably redacted so that identifying details are not shown but leave the dates.

They are also supposed to give a grace period of 10 minutes at the end of the period of parking,

[mishymoo]

Thank you Ostell, been on holiday and so only just rewritten. Do you think I have left it too late? No ticket on the windscreen

Does the grace period of 10 minutes still apply if it states on the signage that the period is from when the vehicle enters and exits the car park?

[ostell]

With no ticket on the windscreen then the Notice to Keeper has to be received within 14 days to be able to hold the keeper liable. Smart seem to have missed that. Unfortunately you have removed the dates from the NTK so I can't tell for certain.

Hopefully Smart haven't read your post.

Simple BOGOFF response.

Sirs,

! am the keeper of vehicle xxxx and am receipt of your Ntoice to Keeper xxxx

There can be no keeper liability for the alleged actions of the driver at the time of the event as the Notice failed to conform with the requirements of Schedule 4 of the Protections of Freedoms Act 2012, namely, but not limited to, failing 9 (2) (4), failing to deliver the notice within the relevant period,

Only the driver can now be held liable for the alleged breach and I have no legal obligation to identity the driver at that time. I do not expect to hear from you again other than to confirm that there will be no further action against me.