Advice about PCN received from Smart Parking. Do they ever go to court?

Belenus

I have not seen anything to suggest that Smart Parking ever issue court proceedings.

I have received a PCN from Smart Parking for an alleged parking breach in England. I am the Registered Keeper but I was not the driver at the time of the alleged parking breach. I have plenty of time left to appeal. If I understand this forum correctly I should wait until close to the end of the 28 day appeal period.

Reading FLTA and this forum suggest that Smart Parking cannot hold the Registered Keeper liable.

Which of the following wordings should I use in my appeal or is there a better version? I apologise if the answer is clear and obvious in the Newbies thread.

1) I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

2) I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").

There is no obligation to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

3)I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn.

There is no obligation to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Thanks for your assistance

Gr1pr

Its not an offence, its an alleged breach 

Appeal as keeper around day 26 using either appeal 2 or 3 

Nothing to do with the thread title 

Coupon-mad

They aren't litigious and it can't happen in your case because there is no keeper liability.