To appeal or not to appeal - Smart Parking

TheNewShmoo

Morning folks. My first post here so please be kind

I'm after some advice regarding a parking charge notice received recently from Smart Parking

The story goes like this

Driver entered a car park at 8.51am

Ticket purchased at 8.53am at the machine in the car park itself. Ticket covered until 10.08am (75 minutes). Ticket still in vehicle

Driver left car park at 10.18am (So ten minutes after the paid time)

So far only the PCN received. It's now 13 days since the letter date (Dirty tactics to delay posting the PCN until almost 14 days for the 'discount')

My question as in the title - Is it really worth the appeal? Driver was attending a Mental Health Support Group which runs from 9am - 10am. The group over ran a little hence the slightly delayed exit

Thanks in advance folks. Really appreciate any advice either positive or negative

Jame4ters

Don’t pay the invoice.

Have a read of the “Newbies” thread which will assist you

Gr1pr

Just follow the advice in the newbies sticky thread in announcements near the top of the forum by coupon mad

Check if the postal notice complied with POFA 2012 ( no conspiracy theories please)

Plan A in the newbies sticky thread is the best option here, it always is

TheNewShmoo

If I have read this right, to be POFA compliant the notice needs to arrive within 14 days if no notice was left on the vehicle?

The alleged offence was 25th Jan and the notice arrived on 13th Feb - 19 days after

Just checking I have this correct before any further action

TheNewShmoo

https://forums.moneysavingexpert.com/discussion/comment/81889464#Comment_81889464

Plan A may not apply here. There is no retailer - It's just a car park

Gr1pr

There was no offence, just an alleged contravention, time on site, 87 minutes, paid for 75 minutes

The Claimant has to post the letter within such a timescale that it is presumed delivered 2 business days later but within the 14 day timescale

So incident date was Sunday 25th January , so the deadline date for correct posting was Wed 4th February

Actual Issue ( posting ) date was ????

2 business days after the posting date was. ????

The fact that the Royal Mail is missing delivery targets, as reported on the news, doesn't change the presumed delivered deadline

TheNewShmoo

https://forums.moneysavingexpert.com/discussion/comment/81889522#Comment_81889522

PCN Is dated 5th Feb as Date Issued, so can't have been posted before that right?

Le_Kirk

According to the POFA calculator here: -

https://gullibletree.com/tools/pofa-calc-main.html

it was not given in time to hold the keeper liable

Gr1pr

So date issued was Thursday 5th Feb, 2 business days later was Monday 9th Feb

6 + 9 = 15 days after the incident date, assuming Royal Mail delivered it within their remit

Wordings are also important on that pcn, timescales are only a part of the equation

Check your NTK pcn against the pictures by coupon mad in the newbies sticky thread

But

Concentrate on plan A , not a plan B appeal

TheNewShmoo

https://forums.moneysavingexpert.com/discussion/comment/81889536#Comment_81889536

Brilliant!!!!

So, next - do I ignore, or let them know of the error?

Gr1pr

Plan A, then Plan B