Smart Parking - serving of Parking Notice

jamess444

Hi, on Feb 18th I received a PN in the post, not on vehicle, for 16 mins accidentally spent in a SP managed car park on 30th January without paying. I followed advice on this site, appealed and stated the PN was served outside the 14 day limit and I would not be naming the driver. I also asked for pics of signage to be supplied from day in question as PN was 'a vague template'. My appeal has been rejected on grounds PN was issued on 10th February. My belief was 'served' meant I had to receive it. I live in a rural area with a postal sorting office listed on Royal Mail website as having delivery issues. Where do I stand please? Thank you.

Woodstok2000

Its assumed to be served 2 days after it was issued.

cooldude255220

https://forums.moneysavingexpert.com/discussion/6659963/smart-parking-serving-of-parking-notice

You're right that it needs to be delivered within the 14 days, but as @Woodstok2000 said, there's a presumption that the Notice is delivered on the second working day after posting.

If you can prove that you received the NtK late, then it is not POFA-compliant, but unfortunately it's going to be pretty difficult to prove that.

However, that doesn't mean you should pay!

For a start, if you can post a suitably-redacted copy, we can advise whether the wording is POFA-compliant. Just because it's in time (or deemed to be in time), that doesn't necessarily mean POFA applies.

Car1980

Be sure of your timings and go to Popla.

Or ignore.

Smart tickets go onto the DCB Legal > court claim > discontinued conveyor belt

jamess444

Thanks for all your comments and help so far. It appears any appeal has to go to IAS. I've attached the relevant page of email received today. I can't prove the day letter arrived sadly!

Smart.jpg

cooldude255220

Can you post a redacted copy of the original NtK please?

jamess444

Here we are. Thanks again!

Smart PN.jpg

1505grandad

Also the reverse please.

jamess444

Here we are.

NtK reverse.jpg

cooldude255220

So, it looks largely compliant in terms of the wording, although I'd argue it doesn't fully comply with Paragraph 9(2)(b) of Schedule 4, which requires the Notice:

inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full.

What the Notice says in that respect is:

the driver…is required to pay this notice in full.

jamess444

So is the overall sense that I am unlikely to win at appeal?