Smart Parking PCN

Bettie_Rage1950

I’m very much a newbie, and yes have looked at the newbie thread but can’t find definite answer.

On 5th May I parked at a pub car park, operated by Smart Parking. I tried to use Ringo app but couldn’t log in. Tried several times to reset password, even uninstalled and reinstalled app etc. Finally got in and paid for parking. No option to back date to time I arrived but figured I had paid for parking now so all good.

11th June I received a PCN letter addressed to me by name (not addressed to “Keeper”, date of issue 6/6/25 (33 days after the event). No ticket on my windscreen, just this letter.

I didn’t know any better so I filed an appeal giving my name and explaining circumstances around technical difficulties with the app and including the Ringo receipt.

They have rejected it.

I didn’t know about the 14/28 day time limit (still can’t figure out which it actually is).

Only options letter gives are to file appeal with IAS or pay up.

After reading advice on here, I sent an email to their complaints team  saying they’ve gone against POFA Act 2012 by sending PCN letter late, therefore I will not be settling an alleged charge or providing further information. They replied to say they’ve investigated my appeal and upheld the charge so I still need to pay or file appeal with IAS. 

Their original notice to keeper really goes against several POFA requirements, is this enough to fight in court? Is it likely to even get that far?

I suppose I have admitted who the driver was so is there no hope?

I’m happy to fight this but cannot end up with a CCJ. 

Any advice would be appreciated.

Gr1pr

Pofa2012 doesn't help if the driver was outed,  so forget about Pofa2012 in this case 

As you have appealed the pcn and been rejected,  IGNORE them for now ( that is the 3rd option they never mention  )

If you follow the advice from here you won't receive a CCJ ( BUT you may have to defend a court claim against you in the future,  so keep all your paperwork and evidence safe  )

You definitely have a defence if it goes to a court claim,  especially if you paid in full for the time on site, before leaving,  due to the recent changes a few months ago due to that lady in the news against Excel Parking 

Read the link 

https://www.thenorthernecho.co.uk/news/24929749.new-action-five-minute-rule-dl1-feethams-car-park/

One aspect was the 11 grand Hannah Robinson case, also that Lola McEvoy MP was involved 

The pay within 5 minutes rule is banned, as are pcns where the driver pays in full, before leaving 

Coupon-mad

Did you pay in full for the entire times shown in the PCN? Look at the in/out times.

Bettie_Rage1950

I didn’t pay in full as I couldn’t back date the time from when I arrived so I just paid for 3 hours from when I logged in. So they’re saying there’s about 20 minutes unpaid for when I was trying to get the Ringo app sorted.

Bettie_Rage1950

Gr1pr said:

Pofa2012 doesn't help if the driver was outed,  so forget about Pofa2012 in this case 

As you have appealed the pcn and been rejected,  IGNORE them for now ( that is the 3rd option they never mention  )

 

Their PCN massively contravenes the POFA requirements (not just the time limit but several other points), is there no way this can be used now? 

ChirpyChicken

pay up is certainly something you can forget about

Umkomaas

Bettie_Rage1950 said:

Gr1pr said:

Pofa2012 doesn't help if the driver was outed,  so forget about Pofa2012 in this case 

As you have appealed the pcn and been rejected,  IGNORE them for now ( that is the 3rd option they never mention  )

 

Their PCN massively contravenes the POFA requirements (not just the time limit but several other points), is there no way this can be used now? 

No, because you've (seemingly) identified yourself as the driver. PoFA 'failure' by the PPC doesn't invalidate the charge, just means that no liability can be placed on the keeper. 

Gr1pr

As above,  POFA2012 isn't mandatory,  not all companies bother with Pofa2012,  it doesn't apply in Scotland or Northern Ireland,  so they have 6 months to obtain keeper details and one month to get the pcn to the keeper 

They are hoping that the keeper was also the driver,  or names the driver,  as in your case, you outed yourself in your naive appeal due to not knowing 

Pofa2012 has never assisted a known driver,  so you binned Pofa2012 as soon as you explained your case and outed the driver,  a rookie mistake,  but one that happens a lot to new victims 

Once they assign liability to the actual driver,  Pofa2012 is no longer involved,  it's no longer a tool in your toolbox

Coupon-mad

Just ignore them.

Tell them if you move house within 6 years but that's not parking-specific advice, it's just common sense in case a court claim is issued.

You unwittingly threw away the POFA point completely by appealing as driver but there was no appeal worth trying anyway, because Smart Parking jumped from the BPA to the IPC. So you didn't miss anything!