Free Traffic Legal Advice

Hi All,

I've received a few reminder letters from debt recovery plus.

What are my next steps? I believe the notice to keeper was issued late, so do I send them a formal appeal or call them to advise of this?

Thanks in advance.

Latest letter
https://postimg.cc/QVqJ45HX

PoFA 2012 (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4  Schedule 4 Paragraph 9) requires the NtK to be sent to the registered keeper:

Quote

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

So is the address on your V5C correct?

Great, so because they didn't serve it within 14 days I can tell them and any of their debt recovery chums to go and whistle.

Thanks

I can’t read your images, the resolution is too bad for the text to be readable.

Nonetheless, if the 15/8 Notice to Keeper is the first such notice, and you say that you’re the registered keeper, so it will be, then it is issued too late to transfer liability from the unknown driver to you, the registered keeper.

You are too late to appeal to Smart now, so you will have to weather (and ignore) letters from debt collectors. Come back when you receive a Letter of Claim, which will be from some bulk litigator such as BW Legal.

Updated the image link to one that shows readable images: https://postimg.cc/gallery/HH5LVts/6af664da

Thanks, so you're saying they have served a notice to keeper as they're unable to identify the driver, but have done so too late to transfer liability from the driver to the keeper?

Hi all,

I would be very grateful for some help with a Parking Charge Notice I have received. I missed the initial appeal window and have now received a letter from Debt Recovery Plus.

PCN Details:

Date of Contravention: 02/07/2025

Date of Notice to Keeper: 15/08/2025

Notice Type: Notice to Keeper (ANPR Capture)

Parking Company: Smart Parking Ltd

Debt Collector: Debt Recovery Plus

Location: Adam and Eve, Prudhoe - NE42 6NP

Alleged Contravention: The initial Notice to Keeper does not state a specific contravention. The follow-up letter from Debt Recovery Plus states "05A, paid for insufficient time".

Keeper/Driver: I am the Registered Keeper. The identity of the driver has not been revealed.

The Situation:

The driver was a genuine customer of the Adam and Eve pub on the date of the alleged contravention. The pub was the official venue hosting a local 10k road race, which included the post-race presentation. The driver participated in the race and then remained at the pub as a customer for the pie and peas that were served to participants afterwards. This directly explains the length of stay (18:17 to 21:27).

The driver parked at the front of the pub and saw no signage to indicate that parking was chargeable or that registration of the vehicle was required inside. There is a lot of free parking available in the surrounding area, so there would have been no reason for the driver to choose to park in a chargeable car park.

The allegation on the debt recovery letter is for "paid for insufficient time," which is incorrect, as no payment was made because the driver was not aware of any requirement to do so due to the lack of clear signage.

My Questions:

As I have missed the initial appeal window with Smart Parking, what are my next steps?

I can still start an appeal online with Smart Parking.

What are the likely strongest grounds for a future appeal (e.g., inadequate signage, legitimate customer of the establishment)?

I have linked a redacted copy of the Notice to Keeper, a Google Street View image showing the lack of signage in the area where the car was parked and the debt recovery letter.

Images

Thank you in advance for your assistance.