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Smart Parking fine

Hi,

I have read the newbie thread after submitting my initial appeal, although I already had some prior understanding of the appeals process. In my original appeal there is no admission to who was driving.

My appeal has since been rejected. In their response, something stood out. They stated:
“The parking contravention occurred on 07.02.2026, and this notice was issued on 18.02.2026, within the 14-day period required.”

However, based on the guidance in the newbie thread, if a company is attempting to rely on keeper liability under the Protection of Freedoms Act 2012, a postal PCN must be delivered within 14 days if no windscreen ticket was issued.

I did not receive the notice until after 22 February 2026. I have supporting evidence of this, which are WhatsApp messages from a third party referencing a parking fine they received, and confirming that I had not received any letter as of 22 February 2026.

Given this, I am unsure how best to proceed. Should I respond to their rejection and challenge the fact that the notice was not delivered within the required 14-day period, and that their statement refers only to the issue date rather than delivery? Or would it be better to wait for any further correspondence, such as a court claim letter?

Thanks

Comments

  • Coupon-mad
    Coupon-mad Posts: 161,343 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 April at 6:15PM

    No point trying IAS except to cost Smart money! You'd lose, because the IAS is considered as bent as a nine-bob note.

    You can do it for the LOLs but don't get spooked when you are one of the 95% of consumers who get 'computer says no'.

    If not minded to give the kangaroo court a whirl, just ignore.

    Everyone succeeds v Smart in court claims because DCB Legal always discontinue shortly before hearings.

    🙂

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gr1pr
    Gr1pr Posts: 13,350 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    18th Feb 2026 was a Wednesday, so the pcn was presumed delivered on Friday 20th February 2026

    20 - 7 = 13, so they have a point !

    Ignore them and follow the advice by coupon mad above

  • Le_Kirk
    Le_Kirk Posts: 26,308 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 7 April at 9:58AM

    Date of alleged contravention: Sat, 07 Feb 2026
    Date NtK was issued/posted: Wed, 18 Feb 2026
    Deemed date of delivery (2 working days): Fri, 20 Feb 2026
    13 days elapsed
    Given (delivered) 1 day before the 14-day deadline.

    This was calculated using https://gullibletree.com/tools/pofa-calc-main.html and confirms what @Gr1pr wrote

  • Hi thanks for the reply, will wait for the subsequent mail. I was just basing it on me actually receiving it after the 14 days and having a conversation as proof of this. Thanks again

  • Le_Kirk
    Le_Kirk Posts: 26,308 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    Unfortunately, it is not to do with receipt but with date of issue plus deemed delivery within two working days.

  • Coupon-mad
    Coupon-mad Posts: 161,343 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Unless the contrary - late delivery - can be proven.

    A judge would consider the conversation as evidence but the IAS is considered bent, so they won't! We even had someone last month supply Ring doorbell footage to POPLA (the better of a bad bunch) of the postman delivering the NTK envelope on a proven day and that was ignored!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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