Smart Parking Charge Notice possible appeal

york1_2

Hello,

I've received a Parking charge notice from Smart Parking with a payment demand of £100 for a 13 minute overstay after 5 hours at a car park.  The company is a BPA member, and used ANPR to record the details of the car entering and leaving the car park - there was no notice left on the car.

The date of the "contravention" (their words)  was 04/06/2022, and the date on the PCN is 20/06/2022, and it arrived in the post on 23/06/2022.

Reading the newbies thread, and other threads, although it seems overzealous to charge £100 (reduced to £60 to try and make me pay early) for 13 minute overstay, and 3 minutes above the 10 minutes allowed, it doesn't appear that there are any grounds for appeal on that basis. 

However, as this was caught by ANPR, and no other notice was given at the time, from what I read, I should have received the parking notice within 14 days of incident, and with the PCN being dated 20/06, it was not generated until 16 days after the incident, and further it was not received until 19 days after the event. 

An I correct that I can appeal on the basis that the letter was not received within 14 days of the incident, and would an appeal based on that be likely to be successful, as I am conscious that once I appeal, the £60 will increase to £100 is not successful...

Many thanks 

Coupon-mad

Yes.

As the NEWBIES thread tells you, Smart Parking don't use the POFA wording anyway. So you didn't need to count the days and a keeper appeal will win hands down.

york1_2

Hi @Coupon-mad ,

Just wanted to say thanks for the information, and to confirm have received confirmation that the PCN has been cancelled at the first appeal, assumingly based on the 14 day notice which I pointed out to them as the keeper.

Umkomaas

york1_2 said:

Hi @Coupon-mad ,

Just wanted to say thanks for the information, and to confirm have received confirmation that the PCN has been cancelled at the first appeal, assumingly based on the 14 day notice which I pointed out to them as the keeper.

Yep, that will have done it for you. Smart Parking NtKs are easy to get cancelled provided the driver isn't identified. Well done for getting them off your back!

Coupon-mad

york1_2 said:

Hi @Coupon-mad ,

Just wanted to say thanks for the information, and to confirm have received confirmation that the PCN has been cancelled at the first appeal, assumingly based on the 14 day notice which I pointed out to them as the keeper.

Great news - easy when you know how!

Do stick with us a bit longer and get your revenge because it's truly horrible being pursued for £100 for no reason, by an aggressive firm, isn't it?

If you are not likely to pop back here every week to check, please now set up email alerts for this forum (on your profile) and bookmark this thread (below):
https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

As you can see, MSE Forum Team are aware of this and we intend that one of us posts on it when the Government opens the final Consultation.

Together, we can stop the parking industry from riding roughshod over the new statutory Code of Practice and the parking charge level caps.

Everyone's efforts are needed. We all know that the PPCs snd DRAs will blanket-bomb the consultation so we need high numbers of real voices to respond.