Have read but checking my understanding Smart Parking

neilied

Hi all. Firstly thanks in advance for any advice given.

I have received a Notice to keeper PC from Smart Parking ltd. Have used a few online places to look at liability. Have followed info regarding POFA for what the postal charge should include in info and it has everything. However, I am just wondering the compliance when it comes to issuing.

I'm sure many on here are knowledgeable about the rules but can the following be sense checked.

Offence occured on 26/09/25. CN issued 7/10/25. Noticed received by post 13/10/25.

POFA - A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be  delivered (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked.

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

My questions are:

1. To be received no later than 14 days after parking - Is this calendar days or working days?
2. Presumption of 2 working days after posting - How can this be proved as they would suggest that it was dispatched on 7/10 and received on 9th? However was received today 13th

I would consider that if proof could be given for it to be delivered today, it would fall outside of the 14 days liability?

Any help gratefully received.

Gr1pr

No offence occurred,  but a possible breach of the parking contract on that private property by the driver,  a civil matter 

Just actual days to comply with Pofa2012 deadlines , so consecutive calendar days , so considered to be from the pcn issue date  ( which is presumed to be the posting date  ( so not business days  )

So a typical NTK PCN letter needs to be issued and sent around day 10 to be sure of receipt in time,  depending on the day it was posted,  service is deemed to be 2 business days later ( which is where the posting elements occur   )

Posting on a Friday with a bank Holiday Monday after the weekend would be presumed to be delivered on the following Wednesday for example,  so they do have tight windows of opportunity if complying with Pofa2012 

No need to prove anything,  the rules are already set via earlier court cases like at the court of appeal 

Proof of late receipt , later than the CoA ruling would fall upon the recipient,  switching from claimant to recipient 

Despatched on Tuesday the 7th means that they hit the presumed target of Thursday 9th, so proving later receipt is difficult as you say

They issued it on day 11 I believe,  so the target could slip by one business day, not 2, but postal delivery issues are beyond their control 

neilied

That would be my issue. I can’t prove receipt as letters are no longer date marked, so although it’s valid that I received outside of the window, it can’t be proven.

Gr1pr

neilied said:

That would be my issue. I can’t prove receipt as letters are no longer date marked, so although it’s valid that I received outside of the window, it can’t be proven.

So its now your word as a witness, especially if you are the keeper but not the driver 

If you are both they will use their fallback position of 6 months to obtain keeper details and one month to get the pcn to the keeper,  which they clearly met 

But if you were the driver and admitted it,  Pofa2012 issues go into the nearest bin

So should a judge decide that it's a postal delay but not fatal to the case,  the core details would be picked over 

Coupon-mad

None of it matters. Ignore Smart if the landowner won't cancel.