PCN Appeal declined

pretty_monika

Basically I parked at a shopping centre lot for 14 minutes without paying before leaving. I got a pcn letter from smart parking and I appealed the pcn stating “Your Notice to Keeper does not comply with the mandatory requirements of Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. Amongst a number of failures you did not issue the notice within the 14 days required. The alleged event occurred on 15 April 2026. The notice states it was issued on 6 May 2026. PoFA states at a presumption at paragraph 9(6) that the notice is received on the second working day after the day on which it was posted. The second working day is 8 May 2026 which is 23 days after the alleged event. The notice also fails to comply with paragraph 9(2)a. The notice therefore fails keeper liability under PoFA 2012. As such you cannot pursue the keeper. I am not obliged to name the driver and decline to do so.”

The appeal got rejected basically said they issued the pcn after dvla provided an address…

I just wanted to ask the group what else I can do because there’s a lot of threads in this forum and I’m finding it difficult to follow. Is there anything I can do to avoid paying.

Gr1pr

You could try a bespoke appeal to the IAS, as keeper

Or

IGNORE them

There is no actual reason to pay

ChirpyChicken

You avoid paying by NOT paying

Coupon-mad

You'll never have to pay!

Have you not read @Umkomaas' thread which shows what happens to all Smart parking DCB Legal claims?!

Nobody worries or pays; just use the Template Defence copy & paste when the time comes.

pretty_monika

https://forums.moneysavingexpert.com/discussion/comment/82019063#Comment_82019063

There’s a Facebook group chat for the cherry tree parking and many ppl have received court letters and ccjs for not paying. I don’t wanna go to court over it.

pretty_monika

https://forums.moneysavingexpert.com/discussion/comment/82019296#Comment_82019296

no I haven’t. Is there a way to find the thread?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82019332#Comment_82019332

Them those people, unlike you, are not following the excellent advice provided for free from the MSE website or forum, probably haven't read the official MSE blog studied by and backed by Martin Lewis in conjunction with coupon mad

Correctly defended cases may well go to your local civil court, but rarely go to a hearing in court, provided that you closely follow our advice

So the people with CCJs didn't get proper advice

Nellymoser

Link to Umkomaas thread:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations#latest

Coupon-mad

In the nicest, most positive way: honestly, who cares if a claim form arrives?! That's the 'end game' you want! Nobody has a hearing.

Are the Facebook crew that clueless that they haven't come here and found the easy Template Defence and the 8 steps that pave the way to discontinuances every time?

You could not ask for an easier one.

You WANT a claim form!

Please tip off the FB lot to come here.

🙂