Smart parking PCN

Brigitte23

Thank you in advance for any help/advice you are able to give.

I've received a parking charge notice from Smart Parking for going over the 3 hr limit by 15 mins and wish to know if I have grounds of appeal because I didn't receive the PCN within 14 days of the date of contravention (they issued this 24 days after). I have read this might be the case and wonder if anyone here has done this before. I don't really have any other grounds of appeal and I'm now at the stage where I've received a second letter threatening debt recovery, offering me a chance to pay in instalments a total of £170. Thanks again. 

Fruitcake

Smart Parking NTKs are always non PoFA compliant so the keeper cannot be held liable anyway, even if they arrive by day 15.

However, if you have had a reminder or threats of powerless debt collectors, then it means you will have missed the appeal deadline where you could have killed this off either at the initial appeal stage, or at PoPLA.
Never mind, there is nothing stopping you from sending a late appeal, even if you have to do it by post, and in any case, Smart have never bothered with court to date.

Plan A is always a complaint from the keeper to the landowner and the keeper's MP, and it's never too late to do so.

Just make sure the driver's identity is never revealed, so no me, myself, or I. The driver parked, the keeper got an NTK.

Coupon-mad

Ignore the £170 debt demands.  Tell them if you move house. That is all.

Apart from retailer complaint.  Gets most PCNs cancelled.

Umkomaas

Send them the blue text initial appeal template from the NEWBIES FAQ Announcement, first post, and add this final paragraph:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.

Appeal online, do not tick any box stating you were the driver. Smart will cancel.

Brigitte23

Thank you so much @Fruitcake, @Coupon-mad and @Umkomaas. Have appealed online with the template letter and added the paragraph you suggested. Really appreciate your help and and all the advice in the Newbies FAQ All the best!