Smart Parking Limited Late PCN NTK

fig1080 · 17 November 2022 at 6:14PM

So here's a good one to get your teeth stuck into...

Here's what I'm planning to send...

What do you reckon?

Anything you'd add or ditch?

To whom it may concern,

I have just received your Notice to Keeper or “Parking Charge Notice’ xxxxxxxxxx for vehicle VRM xxxxx.

I can confirm, I was not the driver of the vehicle at this time.

You state the alleged contravention was on 27/10/2022. The Notice To Keeper (your invoice) is dated 11/11/2022. This has been issued 15 days after the alleged Contravention, beginning with the first day after the alleged parking term ended.

The Notice (your invoice) was received today, 17th November 2022, 20 days after the alleged contravention.

You have not provided any evidence that parking had taken place and that a contract had been entered into, only an image of the vehicle passing a camera at the entrance and exit of the land during an 11min 32sec duration.

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 issue the Notice to Keeper in the required time period, as prescribed by section 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.

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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act.

As your letter has not issued under PoFA 2012 Schedule 4, you cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the registered keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

As such you do not have the legal right to pursue settlement of this invoice from the registered keeper of this vehicle.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours faithfully