1. Proof of Issuance of the Original PCNI have no record of receiving the original PCN. Simply claiming that it was sent on a particular date does not constitute proof of sending or delivery. To meet your obligations under the BPA/IPC Private Parking Single Code of Practice (PPSCoP), I require you to provide strict proof that the Notice to Keeper (NtK) was issued in accordance with the Code. Specifically, I require:
• A certificate of posting or equivalent evidence confirming the date and address to which the NtK was sent; or
• A signed delivery receipt, if applicable.
Without such evidence, any claim of proper service is invalid. I suggest you review the relevant section of the PPSCoP to ensure your practices align with your obligations under the Code.
The V5C data held by the DVLA has been accurate and unchanged for many years. As the Keeper, I cannot be held liable for this charge unless you can demonstrate full compliance with Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Based on my understanding of Smart Parking's practices, it is highly doubtful that the NtK issued in this case is PoFA-compliant.
3. No Obligation to Identify the DriverAs the Keeper, I am under no legal obligation to disclose the identity of the driver, and I have not done so. Without such evidence, you have no legal basis to pursue this claim against me.
Unless you can provide the required evidence of posting or delivery, and further demonstrate that the NtK is fully PoFA-compliant, you must cancel this PCN or issue me with a valid POPLA code where you know fully well that you have no chance of refuting an appeal.
Please confirm in writing that the PCN has been cancelled. Should you fail to resolve this matter satisfactorily, I will escalate my complaint to the British Parking Association (BPA).
Yours faithfully,
[Your Full Name]
[Registered Keeper]