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SMART Parking LTD PCN

Evening all,


Been reading through the newbie sticky at the top of this forum, and found the info extremely useful and think I have what I need.


Anyway, to cut a long story short, the PCN was issued (via ANPR) on 02/10/2018, but the date of contravention was 09/09/2018. Is there a time frame that these should be sent out? I have seen some posts refer to it as 2 weeks?


If so, I assume that I still ignore that fact, and send the template appeal listed in sticky post number 1 and not alter it to say its been over 2 weeks etc?


Another main reason that I am posting is because on the letter, SMART Parking refer to a 'Supreme Court Ruling' and basically waffle on to say it is enforceable, is assume that is baloney and they are trying it on?


Look forward to your response.


Kind Regards,

Comments

  • Coupon-mad
    Coupon-mad Posts: 153,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If so, I assume that I still ignore that fact, and send the template appeal listed in sticky post number 1 and not alter it to say its been over 2 weeks etc?

    Another main reason that I am posting is because on the letter, SMART Parking refer to a 'Supreme Court Ruling' and basically waffle on to say it is enforceable, is assume that is baloney and they are trying it on?

    Yes, and yes. Smart will cancel after about 35 days, this is easy peasy!

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • boon147
    boon147 Posts: 16 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Coupon-mad wrote: »
    Yes, and yes. Smart will cancel after about 35 days, this is easy peasy!

    :)


    Thanks for that.


    Appeal has been submitted using the BPA template in post #1 of the sticky thread.


    I'll post back once I receive an update.


    Cheers,
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 October 2018 at 10:47PM
    they failed the 2 week window allowed by POFA2012

    so the keeper is probably not liable and can argue so using POFA2012 as their get out of jail free card, what we call "a golden ticket"

    so not so SMART, fro and chase the driver who shall not be named because this has nothing to do with the keeper and you cannot use the law against that keeper, nor charge that keeper for the money due

    chances are they will cancel, if they dont and a popla code is issued, then POFA2012 will feature as the number one appeal point (of several legal arguments)

    POPLA will then rule in your favour based on non-compliance to POFA by not so SMART


    as seen in these winning examples in the sticky thread


    https://forums.moneysavingexpert.com/discussion/4488337/popla-decisions&page=160


    job done
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