Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Lowdown on January 12, 2024, 02:18:58 pm

Title: Re: PCN from SMART Parking
Post by: Nosy Parker on January 13, 2024, 01:03:09 pm

Happy to help.  Are you able to delete the uploads and replace with links?  If not, I'm sure the moderator can help you.

Title: Re: PCN from SMART Parking
Post by: Lowdown on January 13, 2024, 11:37:12 am

Thank you for your assistance on the PCN and apologies for posting the pictures.

Title: Re: PCN from SMART Parking
Post by: Nosy Parker on January 13, 2024, 08:34:06 am

It's a pity you ignored the guidance about uploading images and clogged up scarce space by uploading them here instead of to an external hosting site like www.imgur.com.

Having said that, it is clear that the PCN is not POFA-compliant so Smart Parking cannot hold the keeper liable.  Appeal as follows:

I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.

You cannot transfer the driver's liability (if any) to me as keeper because:

1 your PCN was not delivered within the 'relevant period' as defined in paragraph 9(5) of Schedule 4 to the Protection of Freedoms Act 2012 ('POFA'); and
2. your PCN does not contain the mandatory warning required by POFA paragraph 9(2)(f).

Either one of the above failures to comply with POFA is alone sufficient to require cancellation of the PCN.  I require you to cancel the PCN or to issue a POPLA Code so POPLA can order you to cancel it.

Title: Re: PCN from SMART Parking
Post by: Lowdown on January 12, 2024, 10:34:19 pm

Thanks for the reply DWMB2. Here's the PCN:


[attachment deleted by admin]

Title: Re: PCN from SMART Parking
Post by: DWMB2 on January 12, 2024, 04:12:29 pm

Quote from: Lowdown on January 12, 2024, 02:18:58 pm

Is the RK obliged to tell Smart Parking who the driver was?

Absolutely not.

Please show us a copy of the notice you have received, using the guidance here on uploading images: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/).

Once we've seen that there'll almost certainly be a suitable appeal.

Title: PCN from SMART Parking
Post by: Lowdown on January 12, 2024, 02:18:58 pm

The RK received a PCN from SMART Parking, however the RK was not the driver at the time of the alleged overstay at the carpark. The carpark used ANPR to picture the car entering and exiting. Free parking at the site was for 4 hours and the ANPR camera pictured a 45 minute overstay. Smart Parking want £100 (reduced to £60 if paid before the 14 day deadline).
PCN issued 03/01/2024 but only received on 11/01/2024.

Is the RK obliged to tell Smart Parking who the driver was?

Thanks for your assistance.