Smart Parking NTK - help requested for appeal

LottieLegram

Hi, Sorry about the length of this. but I wanted to include all the details you would need to help me. I'm in receipt of a notice to keeper parking charge from Smart Parking Ltd.

Date of contravention: 22nd April

Date issued: 4thMay

Date letter received through the post: 12th May

Offence: ‘Parked without the correct authorisation’

Circumstances:

We were returning home after a long trip and needed to stop at services for a break/food and to change driver. When we pulled off the dual carriageway there was a petrol station with shop on the right and a closed diner on the other (we didn’t know it was closed until then)It was very busy with HGVs and other vehicles on the right, but there was a half empty car park for the closed diner with someone walking back to their car so we (wrongly!) assumed that this car park could be used for the shop. We followed the track around the diner, parked, went into the shop, used the facilities, bought sandwiches and coffee and returned to the car. It was only when we were in the car eating our sandwiches that we saw a notice, amongst other posters etc. on the closed diner saying that you could be fined for parking there. I did not photograph it, or remember the details but we did comment on it being odd when the diner was empty and we left then.

I am annoyed to receive a charge of £100(£60 for early payment) approximately three weeks later for 20 minutes parking as this seems disproportionate. There was no obvious way to rectify this at the time – no one around or any payment machines. I have paid charges before when I had overstayed in a paid car park through my own fault, but this one seems unfair so I would like to challenge it.

While looking for information on how best to challenge this I have found your forum, which is very helpful, and I am endeavouring to follow your advice, but I do have a few further questions

1. The advised first step is to complain to the landowner? How can I find out who this is? I suspect it may be the owner of the petrol station based on news reports of the diner closing, but would like to confirm this before complaining to them.

2. Signage? Is there anyway I can insist on photographic evidence of signs? It would be a five hour trip for me to go and take some, and Google Streetview does not show the entrance to the carpark.

3. Can someone help me understand this part please?

“If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible.

If they are a firm which alleges 'keeper liability' under the POFA2012 (which they don't have to!) thea postal PCN must arrive by day14 if there was no windscreen ticket.“

I went to the POFA link and think the relevant section is:

“The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.“

So if I understand this correctly – they should have sent the NTK to me within 14 days of the contravention. They issued the notice on 4th May. If I add the allowed two days, 6th of May – that is exactly 14 days, but is that one day short?

I didn’t actually receive the notice until 12th May – 20 days after, although of course there is not proof of that… (The cynical part of me wonders if they delay posting it to shorten the 14/28 day periods)

Is this delay enough that there is no keeper liability and I just need to not name the driver?

Thank you in advance for any help you are able to give,

Lottie

Coupon-mad

There is no appeal that will work because Smart are in the IPC. No fair appeal exists: it's considered 'bent as a nine-bob note'. Google it if you are too young for that phrase!

But yes you are correct that a NTK served outside of the 14 day period means no keeper liability. But the IAS ignore that.

You never have to name the driver.

You'll never have to pay this invoice.

You are best TOTALLY IGNORING IT AND THE £170 THREATOGRAMS FROM DEBT RECOVERY PLUS and DCB Ltd.

See post 4 of the NEWBIES thread for pictures of the letters.

No CCJ Is risked as long as you don't go moving house without telling them to 'erase' the old address. Open all letters.

Wait for the DCB Legal Claim Form (see post 2 of the NEWBIES thread) which is the easy-peasiest debt resolution 'end game' you could wish for!

DCB Legal discontinue every defended claim. No cost, no risk, no effect on credit, no hearing, no judge.

Come back at the end of the year when it passes over to DCB Legal (not DCB Ltd).

Le_Kirk

Use this checker: -

Date Checker

I used it with your dates and it confirms it was given in time.

Castle

The 4th of May was a Bank Holiday.

Le_Kirk

Does that stop the NtK being issued and posted on that date?

Coupon-mad

I don't think so.