PCN Smart Parking and the 28 days

Dfilixmas

Hi all, I have a question the Freedom of information act states that the 'company' cannot ask for details until 28 days have elapsed after the 'parking offence' for an ANPR issued ticket. So if an offence was deemed to have been commited and they send me a letter dated on the 25th day after the 'offence' can I appeal on that ground to them?


Thanks in advance for any advice.

The_Slithy_Tove

It's nothing to do with the Freedom of Information Act.

The Protection of Freedoms Act allows the PPC to hold the keeper liable if various conditions are met. One of these is the timing of the Notice to Keeper. Where a Notice to Driver (i.e. a windscreen ticket) was issued, they cannot access the keeper details from the DVLA until 28 days have elapsed, and they then have another 28 days to get the Notice to Keeper to you.

In this case, where there is no Notice to Driver (as it's all ANPR driven), they can access the DVLA database immediately, and have 28 days to get the notice to you.

Therefore your grounds for appeal are not valid. Why not instead, read the NEWBIES sticky thread, and send the standard appeal as set out there? There are plenty of other points to win on (at POPLA).

Redx

for ANPR incidents, they have 14 days to get the notice to keeper to that keeper, who then has 28 days to appeal it

Dfilixmas

So I should do as said above and make the standard appeal. Then ignore anything else? Not a legal minded person to be honest as rarely have fell foul to these or other cowboys.

Redx

make the standard appeal to the parking company, as keeper

no blabbing about who was driving, so edit your last post accordingly

NEVER , repeat NEVER tell a PPC who was driving or any "story"

complain to the landowner or retailer and try to get it canceleld, that is ALWAYS the best bet

if the PPC has failed POFA2012 , THEN THE KEEPER IS NOT LIABLE and so it is imperative that the driver is not dobbed in

stay as KEEPER and appeal it using the template , with a side order of a complaint by the keeper to the landowner for a cancellation (after editing your last post)

Coupon-mad

This is the same as all Smart cases and there's no need for any threads.

https://forums.moneysavingexpert.com/discussion/5888214/smart-parking-response

https://forums.moneysavingexpert.com/discussion/comment/74722823#Comment_74722823

https://forums.moneysavingexpert.com/discussion/comment/74728316#Comment_74728316

https://forums.moneysavingexpert.com/discussion/comment/74754069#Comment_74754069

https://forums.moneysavingexpert.com/discussion/comment/74749084#Comment_74749084

https://forums.moneysavingexpert.com/discussion/comment/74787146#Comment_74787146

We don't need to pore over the dates, nor do you need to change the template.

Smart will cancel by November, no worries, very easy indeed.