PCN received weeks after "offence"

Doodle_bug_3 · 29 October 2014 at 3:58PM

Hi All,

Have a query which I didn't see convered exactly in the newbie guide or scanning a few pages of posts...

Bought a new car before going on holiday and it was parked in an Asda car park for 2.5 hours (30 mins over the limit, £70 fine reduced to £40 if paid in 14 days) back in August. The dealer got a Parking Charge Notice from Smart Parking and the dealer asked me what to do with it. I asked them to write back to smart parking saying they were not the registered keeper, which I assume they did.

I just received a PCN that shows the date of the offence as being 69 days prior to the date the PCN was issued to me. In reading the newbie guide and referring to the Protection of Freedoms Act 2012, section 9 (5) it would seem that apart from anything else, this would completely invalidate the PCN.

Is that a correct interpretation of the relevant rules, and if so I guess i can safely completely ignore this?

Thanks!

Dee140157 · 29 October 2014 at 4:16PM

No this is not a correct interpretation. They have up to 6 years to chase the driver. They contacted the keeper in the required time if they wanted to invoke keeper liability. They subsequently named you as driver.

You need now to put in the standard appeal in the newbie thread. Which since this is Smaert, will probably be the end of it. But if not you will be able to go to POPLA.

When you appeal, appeal as keeper (not registered keepers) of car.