PCN received more than 14 days after parking date

Nijinsky

My partner had a PCN from Smart Parking. The parking date was 13/08/2023 and the date issued was 12/09/2023, 30 days after the parking date.

No PCN notice was issued on the windscreen at the time and the PCN letter was only posted to her house last Tuesday (07/11/2023), so I think Smart Parking are lying about the date of issue being on 12/09/2023.

Please can you experts confirm if any PCN is issued over 14 days after the parking date, it's no longer valid so it's unenforceable? That's what Citizens Advice are saying within their "you got a parking charge notice 14 days after parking" section on their website.
https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-parking-tickets/when-to-appeal-a-parking-ticket/#!

My partner legally paid for her ticket, but she paid by cash. She cleaned her car out a few weeks ago and threw her ticket away thinking everything was alright, then she unexpectedly received her PCN letter on 07/11/2023; suspiciously almost 2 months after Smart Parking's supposed date of issue and nearly 3 months after the date she parked.

I have uploaded the letter on the following links:

Page 1 - https://i.gyazo.com/9aaeb36d60bc2de74c6cd36ef379de54.png

Page 2 - https://i.gyazo.com/d37e279ff0fe5416db420071883e3443.png

Any advice/opinions would be greatly appreciated.

Many thanks,

Nijinsky

KeithP

Nijinsky said:

Please can you experts confirm if any PCN is issued over 14 days after the parking date, it's no longer valid so it's unenforceable?

That simply is not true.

The DVLA allows a parking company up to six months to get keeper's details from them.
Their trade association allows the parking company another month to get a Notice to Keeper to the keeper. 

However, if they want to hold the keeper liable for something the driver may have done then the timescales are much shorter.

Coupon-mad

Don't read that CAB utter codswallop!  Of course Smart can issue a PCN after 14 days.

But they can't win at appeal if the keeper doesn't say or imply who was driving. So it is a cinch to win!

Just do what other Smart easy appeal threads show you. There's one with replies on it this afternoon so you don't even need to do a forum search (although you could, using those words I put in bold).

Just look down today's thread lists. Dead easy.

Here are your images with the stuff on the top right and pics of the car redacted:

KeithP

I see in your opening post that you have disclosed the driver's identity.
The words 'my partner', together with 'the date she parked' are pretty damning when coupled with the images you have shown us that show the vehicle's registration mark and the PCN number.

Nijinsky

KeithP said:

I see in your opening post that you have disclosed the driver's identity.
The words 'my partner', together with 'the date she parked' are pretty damning when coupled with the images you have shown us that show the vehicle's registration mark and the PCN number.

Thanks for pointing that out, I missed out hiding the registration on the right but I have edited the image to hide everything else now.

Coupon-mad

You no longer need the links as I've redacted your images and told you how to win. 

Nijinsky

Coupon-mad said:

Don't read that CAB utter codswallop!  Of course Smart can issue a PCN after 14 days.

But they can't win at appeal if the keeper doesn't say or imply who was driving. So it is a cinch to win!

Just do what other Smart easy appeal threads show you. There's one with replies on it this afternoon so you don't even need to do a forum search (although you could, using those words I put in bold).

Just look down today's thread lists. Dead easy.

Here are your images with the stuff on the top right and pics of the car redacted:

Thanks for your helpful response. I will have a look at the other smart easy appeal threads.

I remember you helping me out with a successful defence a couple of years ago. I appreciate your time and help.

Shagger

I'm confused. In MSE's own appeals guide (https://www.moneysavingexpert.com/reclaim/private-parking-tickets/#section-route1) there's a template letter (the step 1/parking operator appeal letter) and in that, one of the reasons for appeal is 'The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012' if it arrived more than 15 days after the alleged parking offence.

So is that incorrect? Or am I missing something?

Gr1pr

Mse guidance has been flawed for years,  which hasn't been updated despite requests to do so,  probably waiting for the MHCLG mandatory Code of Practice 

Stick to the newbies sticky thread in announcements near the top of the forum by coupon mad,  for up to date advice 

This thread is old, but Smart Parking never used to comply with Pofa 2012, meaning no Keeper liability