Smart Parking PCN received Haven Banks Exeter -15 days after incident

jimmyb78

Hello,

Received a PCN for this car park in the post- I'm the keeper, not the driver of the car. Reading the Newbies thread I wanted to complain to the landowner, but in this case it appears to be Exeter Council who are notoriously difficult to get hold of. The alleged infraction was on 28th May. The PCN is dated 12 June but came through my door yesterday, 18 June. 

Would you proceed to the standard appeal for Smart highlighted in Blue in the Newbie thread in this case. Or keep pursuing the council until the 28 day deadline is closer?

Thanks!

Coupon-mad

Nothing to do with the Council.

Either send the Template Appeal now, or the one about the lack of keeper liability (seen in all other Smart Parking threads this year). 

VERY easy to kill off a Smart PCN.

jimmyb78

Coupon-mad said:

Nothing to do with the Council.

Either send the Template Appeal now, or the one about the lack of keeper liability (seen in all other Smart Parking threads this year). 

VERY easy to kill off a Smart PCN.

Thank you: Assuming you mean this one that I found in a previous thread this year:

I appeal as keeper.  I am not obliged to identify the driver and I decline to do so. Even if (which is not the case) the driver is liable, the operator can only transfer the driver’s liability to the keeper by complying with the strict requirements set out in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’).

As recognised in the BPA Code of Practice, strict compliance with POFA is required in order to pursue a keeper. Assumption, or partial or even substantial compliance is not sufficient even for the BPA, as the CoP states:

"21.2 As long as the strict conditions of Schedule 4 are met, you may claim payment from the keeper or the hirer of the vehicle rather than from the driver. To do this you need to follow the procedures set out in the Schedule…"

 POFA paragraph 9.(2) (f) states that a notice to keeper "must ...: warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges … has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

...the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid."

The PCN does not comply with POFA.  Give up and go away.  Or cough up a POPLA Code if you want to put yourselves to that time & expense.

Coupon-mad

Yup!  Easy stuff!  You can't lose as long as you don't imply who was driving nor tick 'driver'.

jimmyb78

Template sent. They don't appear to actually acknowledge the appeal though, which is slightly concerning. No email or anything saying 'we've received your appeal etc.'. Do you know if that's normal?

Coupon-mad

Yep.      

jimmyb78

UPDATE-

PCN Cancelled! What a brilliant resource this is. Thank you!