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Private parking tickets / Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
« on: September 05, 2025, 03:52:15 pm »
Great news today!!!!
The IAS accepted the Appeal.
This was the response.
Thanks to everyone who provided help and input.
Appeal Outcome: Accepted
The Adjudicators comments are as follows:
"The Appellant appeals this PCN on a number of grounds, including that the Operator has failed to comply with the requirements of PoFA and therefore cannot hold him liable as the keeper of the vehicle. The Appellant has declined to provide the driver's details. The Appellant is correct in that, as the Operator is pursuing keeper liability under PoFA, the NTK must comply with the requirements of the Act. One of those requirements is for the NTK to be deemed to be received within 14 days of the parking event. The parking event took place on 31/5. Therefore the NTK would need to be deemed to be received by 14/6. The NTK was issued on 12/6 and would therefore be deemed received by 16/6. Therefore as this is not within the 14 day period, the NTK is not compliant and the Operator cannot pursue keeper liability. Accordingly, I will allow the appeal.
I have considered all the issues raised by both parties in this Appeal and I am not satisfied that the Operator has established that the Parking Charge Notice was properly issued and therefore this Appeal is allowed."
As your appeal has been accepted, the charge has been cancelled by the operator and you do not need to take any further action.
The IAS accepted the Appeal.
This was the response.
Thanks to everyone who provided help and input.
Appeal Outcome: Accepted
The Adjudicators comments are as follows:
"The Appellant appeals this PCN on a number of grounds, including that the Operator has failed to comply with the requirements of PoFA and therefore cannot hold him liable as the keeper of the vehicle. The Appellant has declined to provide the driver's details. The Appellant is correct in that, as the Operator is pursuing keeper liability under PoFA, the NTK must comply with the requirements of the Act. One of those requirements is for the NTK to be deemed to be received within 14 days of the parking event. The parking event took place on 31/5. Therefore the NTK would need to be deemed to be received by 14/6. The NTK was issued on 12/6 and would therefore be deemed received by 16/6. Therefore as this is not within the 14 day period, the NTK is not compliant and the Operator cannot pursue keeper liability. Accordingly, I will allow the appeal.
I have considered all the issues raised by both parties in this Appeal and I am not satisfied that the Operator has established that the Parking Charge Notice was properly issued and therefore this Appeal is allowed."
As your appeal has been accepted, the charge has been cancelled by the operator and you do not need to take any further action.