Smart Parking

Sting439

Advice please. I received a NTK from Smart Parking 21 days after the alleged parking. The NTK was dated 11 days after the incident. I understand that the NTK should be delivered within 14 days of the alleged parking and is presumed delivered 2 days after ‘posting’. The envelope that contained the NTK has no post date mark. I believe the date on the NTK does not prove date of posting and Smart Parking has to prove when it was posted. 

I have made a Subject Access Request under GDPR regulations. “I require evidence of the Notice to Keeper (NTK) being sent to me, including proof of postage or a postal service record showing the date it was sent.” I am awaiting a reply for this. 

My appeal to Smart Parking has been refused. Is it worth my while to appeal to IAS and if unsuccessful offer my defence at the small claims court or just pay up? As an aside a friend received their NTK, dated the same as mine, 26 days of the same time and location and they are awaiting their appeal from Smart parking. I’m not sure if they will continue to fight this if unsuccessful. 

Gr1pr

Same advice as in this recent thread below 

https://forums.moneysavingexpert.com/discussion/6633300/smart-parking-ntk#latest

Coupon-mad

But yes you can try IAS, to see if they are applying the POFA properly yet, and to add the 'decision' to my IAS Decisions thread please. Have not got many there yet.

Sting439

Thank you both and I will do Coupen-mad if I appeal.. I am new to this MSE site and have read the recent thread recommended by Gr1pr but not sure it applies to my case as my NTK was dated within the 14 days (11days).  I am disputing the delivery of the NTK 21 days. Does Smart Parking have to prove posting date of NTK as opposed to issue date on NTK? That’s what I need to know before I decide to appeal. I know you must get fed up with Newbies asking the same/similar questions but I’ve been trawling through this site and struggling to find the same problem and advice. I’m an old man and find navigating the internet a bit of a nightmare.🥴

Gr1pr

There is no 21 days,  just appeal it to the IAS based on non compliance with Pofa2012 and no landowner authority,  putting them to strict proof of compliance with both

Coupon-mad

It depends on the date 'deemed' delivered ... read schedule 4 and work it out!