Quick question Smart Parking

DwayneDibbley

A quick question for all you helpful forumites.

With all your help I've successfully challenged many Smart Parking tickets for myself and on behalf of others in my local community using the template letter from here and adding the bit about not being POFA compliant.

I've been sent one from a friend that alleged contravention was 13/08/23 but date of issue is 07/09/23.

They only received it last week.

Smart Parking have already passed it onto a debt collection company who's letter arrived the same time as the PCN.

Additional info if relevant: this PCN is for parking without authorisation (it's a small connecting road running through a private shopping centre with poor no parking signage) but the pics on the PCN only show entry and exit approx 11 mins apart and no actual parking contravention.

The RK has not contacted anyone yet so no driver has been identified.

There is still a facility to appeal online even though it's out of the appeal date.

Would this still be the best way to sort this using the template letter adding about not being POFA compliant and stating that due to the issue date being out of the 14 day window there is no keeper liability or is there a better way?

Fruitcake

If the keeper can still appeal online, then they should do so. If not, they can complain to Smart about not receiving the NTK until now, and also send an appeal by post stating the date of receipt of the NTK as the start of the 28 day appeal window.

The date the NTK was issued/given doesn't really matter where Smart are concerned because they are not generally PoFA compliant and therefore incapable of holding the keeper liable.

Complaints should still be made to the landowner and the keeper's MP, and once Smart have responded, a complaint should be made to the BPA that the NTK failed to be given until X months after its alleged issue date.

Coupon-mad

And a complaint to Smart (online, not an appeal) then a complaint to the BPA.

DwayneDibbley

Coupon-mad said:

And a complaint to Smart (online, not an appeal) then a complaint to the BPA.

But still put the appeal in then complain online?

Coupon-mad

You can't appeal.

DwayneDibbley

Coupon-mad said:

You can't appeal.

If you put the reference number in on the Smart online appeal section it let's you fill out the boxes?

Fruitcake

As I said previously,

Fruitcake said:

If the keeper can still appeal online, then they should do so. If not, they can complain to Smart about not receiving the NTK until now, and also send an appeal by post stating the date of receipt of the NTK as the start of the 28 day appeal window.

Use the template in blue text and add a one liner that the NTK is not PoFA compliant because it arrived too late and does not contain the mandatory wording, therefore the keeper cannot be held liable.

DwayneDibbley

DwayneDibbley said:

Coupon-mad said:

You can't appeal.

If you put the reference number in on the Smart online appeal section it let's you fill out the boxes?

Yes it does

Umkomaas

DwayneDibbley said:

DwayneDibbley said:

Coupon-mad said:

You can't appeal.

If you put the reference number in on the Smart online appeal section it let's you fill out the boxes?

Yes it does

Just use it then, see how they respond. Don't tick any box indicating who might have been driving.