Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Tawatac on July 14, 2026, 07:50:24 pm
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If you said that you, the registered keeper, did not receive the PCN then this does not identify the driver, nor does saying that you paid for parking.
Saying that “I parked” does, so if you didn’t say that then you’re possibly fine. If you don’t have a copy of what you sent them in your appeal then you can obtain it with a Subject Access Request to Smart for all personal details and correspondence it holds for you.
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Unfortunately I think I may have inadvertently done so,I wasnt aware earlier that you had to deny so when I tried to appeal to smart Parking I said I never received PCN and then told then I'd paid for parking. However during my replies I never said I was the driver my argument was that I never received PCN therefore I wasn't able to contest it and that technically it was a 5-minute overstay.
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Could the OP confirm that the driver was never revealed in any appeal etc?
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The original PCN was issued too late by Smart to comply with the requirements of the Protection of Freedoms Act 2012, specifically that if the liability is to be transferred from the unknown driver to the registered keeper it has to be sent to arrive within 14 days. It was issued on 23 April 2025 for a “contravention” on 8 April 2025 and can be deemed to have arrived on 25 April, which is too late.
It doesn’t matter that you didn’t receive the PCN, the dates on the copy you have received are damning.
As long as the driver has not been identified, the registered keeper can not be liable.
DCB Legal’s tactics are to obtain a default judgement wherever possible, so are unlikely to help you out here. I would simply advise sending your response to their Letter of Claim as late as reasonably possible, to arrive by 8 August.
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https://ibb.co/BVHWc7L9 - Receipt
https://ibb.co/QFhtb0ZJ -PCN received via email after asking for evidence
https://ibb.co/b5D46stP - DCBL with wrong contravesion date
https://ibb.co/Zp0jxPy3 - LBA
Hi everyone,
Looking for advice on a DCB Legal Letter of Claim dated 09/07/2026 regarding a Smart Parking ANPR PCN.
The Timeline (08/04/2025):
16:34 – Entry recorded by ANPR.
16:34–16:53 (19 mins) – The physical payment machine was broken. The driver went inside the adjacent building to get help from staff, who assisted in setting up a payment via the RingGo app.
16:53–17:53 – 1-hour parking session purchased via RingGo (receipt held).
17:58 – Exit recorded by ANPR (exactly 5 minutes after the RingGo session expired).
Total site time: 84 minutes (60 minutes paid).
Procedural Issues:
No NTK: The Registered Keeper never received the original PCN / Notice to Keeper. The first communication received was a DCBL debt recovery letter a year later, denying the chance to appeal early.
Smart Parking rejected an initial dispute, claiming they posted it and that they follow the June 2024 Single Code of Practice.
Current Status & Concerns:
We have a formal Letter of Claim from DCB Legal giving 30 days to respond.
The Keeper will be out of the country from 24 July until 14 August, creating a high risk of missing a court claim form if issued during that window and unfortunately no one is available to check letters.
Questions:
How should we draft the robust Reply Form response to DCB Legal to highlight the broken machine (frustration of contract), the 5-minute overstay falling within the mandatory 10-minute grace period, and the lack of POFA keeper liability?
What is the best way to inform DCB Legal of the Keeper's upcoming travel dates to prevent a default judgment while away?
Thanks!