2 Smart parking PCNs after 14 days

[STEVE-OH]

2 Smart parking PCNs after 14 days

PCN 1 for a contravention that took place 27/08/2021, however the letter is dated 16/09/2021 which is 20 days after the alleged contravention.
Am I correct in saying that they have failed to comply because the letter should be received within 14 days?
The driver purchased a 3 hour ticket to stay in the car park but was disposed of when the car was cleaned & maybe the VRM was entered wrongly could explain why this notice was received


PCN 2 for a contravention that took place 05/09/2021, the letter dated 20/09/2021 which is 15 days after the alleged contravention but if you add the 2 days for post its actually 17 days after.
Again, a 3 hour ticket was purchased to stay in the car park but cameras picked the car up leaving within just under 5 hours.

I would like advice from you guys whether or not both need to be paid or just one.

Thanks in advance

[echat11]

Hi STEVE-OH

ostell Can you please take a look.

[STEVE-OH]

Hi STEVE-OH

ostell Can you please take a look.

@echat11 forgive me if i'm being daft but what am I supposed to be looking at? only joined today & not sure how to use this site.

[ostell]

ECHAT was flagging me.

For both, sent separately:

Dear Sirs,

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 mail with a free certificate of posting from any post office.

Post up the redacted PCNs so that other POFA fails can be found for your POPLA appeal.

[STEVE-OH]

ECHAT was flagging me.

For both, sent separately:

Dear Sirs,

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 mail with a free certificate of posting from any post office.

Post up the redacted PCNs so that other POFA fails can be found for your POPLA appeal.

Thank you so much for your advice @ostell.

I will type up the redacted PCNs & post here, Who are POFA & POPLA?

Also something I'm not sure about, does the 14 days start the day after the contravention so in theory they have 15 days? & does the registered keeper need to receive the PCN by day 16?

[STEVE-OH]

Thank you so much for your reply @echat for tagging ostell

[STEVE-OH]

ostell here is redacted PCN 1, I have erased the whole 2nd paragraph but it says:

A Parking Charge Notice (PCN) is payable to the vehicle registration mark ******* for the alleged breach of advertised terms and conditions within ******* Road ***** on 27/08/2012

Thanks OSTELL

[STEVE-OH]

ostell here is redacted PCN 2, I have erased the whole of 2nd paragraph but it says:

A Parking Charge Notice (PCN) is payable with respect to the vehicle registration mark ******* for the alleged breach of advertised terms and conditions within ******* Road ***** on 05/09/2021.

Thanks

[ostell]

Yes, they appear to have missed several required POFA statements but the first page hasn't sufficient detail to read clearly

Send in the appeals anyway

[STEVE-OH]

OSTELL I sent the letter off today 1st class with proof of postage for PCN1

I will type what PCN2 notice says, the text is very small & not very clear even with glasses on.

[STEVE-OH]

ostell here is PCN2 that has the tiny writing & difficult to read, the date of issue at the top is 20/09/2021.

I have read this on Protection of Freedoms Act 2012:
9(5)The relevant period for the purposes of sub-paragraph (4)
is the period of 14 days beginning with the day after that on which the specified period of parking ended.

So, I understand the notice is dated within the 14 day rule.

My question though, does the notice need to be received through the letter box by day 15?

Thanks


The notice reads:

Smart Parking Ltd have the right to seek payment of the parking charge for unauthorised parking of the vehicle on the land on the relevant date as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner.

A Parking Charge Notice (PCN) is payable with respect to the vehicle registration mark ******* for the alleged breach of advertised terms and conditions within ******* Road ***** on 05/09/2021

The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and the car park is managed by Smart Parking Ltd.

By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in signage, the parking charge is now payable to Smart Parking Ltd (as the creditor).

A Parking Charge Notice of £100.00 is now due for payment and must be paid before the end of the 28 days from with the date of this notice. If the parking charge notice is paid before 04 Oct 2021 the amount of the parking charge notice will be reduced to £60.00. If you were not the driver of the vehicle and you wish to provide the driver details, lodge a dispute, appeal or query this must be made online or in writing. Please follow the instructions overleaf.

Following the landmark Supreme Court ruling of Parking Eye v Beavis, it has now been established that a Parking Charge Notice issued on Private Land is enforceable. The Court rejected claims that such charges are extravagant, exorbitant or unconscionable and advised that such charges act a necessary deterrent for breach of contract. A full copy of the Supreme Court Judgment can be found online at:
https://www.supremecourt.uk/cases/do...0-judgment.pdf. If you feel you have suffcient grounds to appeal this notice you will find full details of the appeals process overleaf. If you pay the PCN, you are therefore accepting full liability for the charge, and are no longer eligible to appeal this notice.

Yours sincerely,

Smart Parking Ltd

Smart Parking Limited
Registered Office: 5 South Inch Business Centre, Shore Road, Perth PH2 8BW
Registered in Scotland: Company Registration No.SC138255

[ostell]

The letter has to be RECIEVED within 14 days.

They have also missed out 9 (2) (f), warning of keeper liability

[STEVE-OH]

Thank you so much for the reassurance @ostell

I'm printing another letter to send for PCN 2.

Just noticed that the challenge reply slip wasn't included with the 1st letter, must it be included?

[STEVE-OH]

Must the challenge reply slip be included with the letter ostell

Thanks

[ostell]

No, you are just writing to them