Smart Parking NTK

gav_jordan

Hi,
smart parking have issued me a NTK. In the presumed date of delivery they have stated it is 2 working days from the date of issue. Which according to law is from the date of postage and that they should retain evidence of postage. As their notice is incorrectly worded should their notice be deemed as invalid? Sorry, can’t upload a pic as I’m a newbie. I’m challenging this because the date I received it was around 10 days after the issue date. So overall a week after their 2 week window

Gr1pr

No, no pcn is invalid,  it's just an invoice 

They can either try to comply with Pofa2012 or use the fallback option of 6 months to obtain keeper details and one month to get the pcn to the keeper by post 

Post the Issue date and the incident date

gav_jordan

Incident date is 25/07/25, NTK is dated 05/08/25 so I make that I should have received it by or on the 08/08/25. I didn’t get the NTK until the 13/08/25 so was simply going to refuse to confirm the driver. The difficulty I, and I guess many more have, is these rouge companies are not sending via tracked delivery so it is difficult to prove, though I believe the burden of proof should be on them to prove postage rather than simply referring to a issue date which breaches rules as they shouldn’t be using a generated date. I tried an informal appeal and they did the same with the outcome letter, dated it and I received it 10 days later in the post. I’m sitting here thinking how can they get away with it. Now being directed through appeals to the IAC for IPc appeals

Gr1pr

The NTK PCN letter was presumed to be delivered on Thursday 15th August,  so within the 14 days

They are sent by first class mail , not tracked and presumed to be delivered 2 business days later 

You should ignore them from this point on unless you receive a Letter of Claim giving you 30 days notice or an N1SDT court claim pack from the CNBC in Northampton using MCOL 

That form of resolution is where you take them to task with burden of proof 

They get away with it because it's an unregulated industry and they are not affiliated with the third party Royal Mail 

gav_jordan

Do they not have 14 days from the date of alleged infringement to notify the reg keeper, so 14 days from 25/07/25? I think worse case, there wording is still wrong as per law. I’ve only appealed to the operator so do I not need to appeal via the independent appeals service. Would you put all representations out at once or can you as you say take them to task later

Gr1pr

Pofa2012 is not mandatory,  so they can try to comply with Pofa2012 or use the fallback position 

You can compare the NTK PCN letter to the 2 examples by coupon mad in the newbies sticky thread in announcements near the top of the forum,  to see which one you have received 

The NTK PCN letter was presumed to be delivered 2 business days after posting, so that date tends to be considered to be the issue date plus 2 business days 

I already mentioned not appealing to the IAS but you are welcome to read other Smart Parking threads over the last few months and try the appeal to the IAS option,  probably using the assumption of failure to comply with Pofa2012 plus adding a separate point about Smart Parking not having a valid authorisation contract from the landowner 

The choice is yours, IAS appeal and ignore if unsuccessful,  or ignore them until they issue a LoC followed by a claim 

gav_jordan

Mate, you have been so helpful, thank you
makes you wonder how these so called independent appeals bodies can be called as such if they seem to turn a lot of appeals down when I bet that includes very genuine cases. Where do you guys get the knowledge to help people on these forums. I’m pretty new to here and as much as I’d love to help others, I have to say it’s beyond me. One thing I would say to people though, do not waste your time with citizens advice - they are hopeless - more or less told me they weren’t helping with the appeal as there was little chance of success, said the dates on NTK are doing in “good faith” so considered accurate and to call back if it goes to court - they were an absolute joke lol

Coupon-mad

Yep never ask Citizens Advice about private parking. Their advice costs people money and is overdue a massive shake up, which hopefully they might do when the statutory Code kicks in...eventually.