5 minutes over and 15 days to send Notice , worth appealing?

[Guest]

Hi sorry to ask but my dad has just received a PCN through the post from Smart parking for an incident that happened on the 28th Oct, their letter is dated the 12th November and didn't arrive till the 16th, No ticket on screen and photos of car going in at 11.43am and leaving at 13.18pm, The machine is one where you have to enter the reg number so I can only assume my dad either didn't buy a ticket or bought the one that only goes up to 1.5 hrs the PCN doesn't state which and dad isn't 100% sure but he parks there regularly and makes a point of making sure the ticket doesn't blow off the dash when he closes the door so I'm leaning towards wrong ticket bought....if so:

Can we appeal that it was only 5 minutes over given if the car park was busy it could have easily took that long to depart and trigger the leaving camera. Given we arent 100% sure this is the offence should we ask them to clarify what the actual offence was ?

Can we appeal that they didn't even date the PCN till 15 days after and deliver it 19 days using the 14 day rule

Its no big deal and dad is the kind to simple pay it for an easy life I just thought I'd ask if it was a simple appeal given the dates etc....

thanks v much

[ostell]

So edit so that the identity of the driver cannot be inferred, use "the driver......" etc. The driver drove and parked, the keeper received the letter and is handling things.

Dear Sirs,

I have just received your Notice to Keeper No. 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. Event date is given as 28/10/20 and your letter is dated 12/11/20, a Thursday. As delivery is assumed 2 working days later, POFA 9 (6), this would not be till Monday 16/11/20, somewhat in excess of the required 14 days. 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



Smart used to be quite smart and would cancel on such failures. If they reject then post up the NTK, both sides, suitably redacted.