Smart parking case - London - Update 2: Successfully cancelled PCN

Coupon-mad

Have you logged in to check if it's £0?

anonuser23

Coupon-mad said:

Have you logged in to check if it's £0?

Just checked now, and the charge still seems to be there on the smart parking website when I search for the PCN number.

There appeal confirmation email did say up to 35 days, but don't know if that has even been picked up their side or a standardised response.

Maybe I should poke the business site owner again and ask them to request cancellation once more?

Thanks.  

anonuser23

Thread updated.

Umkomaas

anonuser23 said:

Thread updated.

Please update within the post in which you are telling us, not with an addition to your opening post. Let us see it in sequence, please, not have to chase back, especially as some of these threads can go on for months, even years, with hundreds of posts. 

Fruitcake

When  poster logs into a thread they have viewed before, they are automatically directed to the place within the thread where they left off. That being the case, anyone who has already viewed this thread will not see the update in your first post, and will therefore be wondering where and what the update is that you referred to in your previous.

Were it not for Umkomaas's comment above, I would not have thought to go back to look at your first post.

The question you have asked there, "What are the next steps to take?" is already covered in the fourth post of the NEWBIES. The short answer however is, "None."

anonuser23

Umkomaas said:

anonuser23 said:

Thread updated.

Please update within the post in which you are telling us, not with an addition to your opening post. Let us see it in sequence, please, not have to chase back, especially as some of these threads can go on for months, even years, with hundreds of posts. 

Ok no problem.  Sorry for the confusion.  Update is below:

UPDATE:
Just an update to this case that DRP are now sending a letter stating the case has moved to pre-legal action, with a final seven day deadline to pay.

They also state that 'the right to appeal the ticket has now passed'.  This is really annoying because Smart parking has not responded to my appeal submitted via their website.  And a cancellation request for this PCN has also been submitted by the business site owner, of which I have proof.

What are the next steps to take?

Coupon-mad

Same as the two other threads this week about Smart not sending an appeal outcome and going straight to debt recovery.

Search the forum and change to NEWEST.

anonuser23

Smart parking acknowledgement of receiving the appeal says they can take up to 35 days to respond, which will be slap in the middle of xmas.  

I was intending to ask the business site owner again tomorrow about the cancellation request.  They have told me they have submitted a cancellation, but I'm assuming smart are ignoring this.  Is it worth asking the business again and explaining the urgency?  They never told me about validating the car registration when dropping my car at their garage, so this they have culpability to help out a customer.

Should I wait the 35 days and if smart do not send any appeal decision, then complain to them about lack of decision? I suspect they have passed the whole thing to debt recovery plus.

Lastly, a more fundamental question about the case I need clarification on.  If there was no window ticket and only a PCN letter, does that letter need to arrive within 14 days?  This one didn't (>28 days later), and I need to know if that is a strong enough claim if smart pursues this all the way to a 'claim to defend'.

Thanks for all advice.

Fruitcake

If you have asked the landowner to cancel, but the charge amount is still showing if you go to the payment portal (but obviously don't pay) and a reasonable time has passed since the landowner instructed Smart to cancel, then a polite request of the landowner to ask if she/he could nudge the PPC again wouldn't hurt.

If you have appealed, and 35 days has not yet elapsed, then you should continue to wait. If you haven't had a response by day 36, then complain to the BPA.

As for your other question, the letter does not need to arrive within fourteen days, or indeed, ever. If the PPC wish to hold the keeper liable then the NTK must arrive by day 14 where ANPR has been used, or between 28 and 56 days where a NTD left. In both cases, the date of the alleged event is day zero.
This is explained in the NEWBIES and in the PoFA, which is linked from the NEWBIES or can be found using a search engine of your choice.

anonuser23

Fruitcake said:

If the PPC wish to hold the keeper liable then the NTK must arrive by day 14 where ANPR has been used, or between 28 and 56 days where a NTD left. In both cases, the date of the alleged event is day zero.

Thank you @Fruitcake

The PPC has only sent the PNC to the keeper and it arrived well after 14 days.  There was no ticket left on window to driver.