3. Claim Form
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Re: Claim Form
« Reply #15 on: »
I received two parking tickets. When I spoke to the gym owner, he told me that if I joined his gym, even for just one month, he would have both tickets cancelled. One of the tickets was cancelled, but the other was not.

I only have a photo of one of the tickets, so I believe it must be the one that was cancelled. Unfortunately, I do not have a copy of the other ticket, which is the one that remains outstanding.
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Re: Claim Form
« Reply #16 on: »
OK, in the SAR response did Smart parking confirm the date they posted the PCN for the 06/12 contravention?  Without the original doc the argument about POFA / issue date would need to be worded differently, i.e. for Smart to demonstrate that they posted it in time.  You could SAR DVLA to see when Smart applied for your details, they may only have done it once and covered both events at the same time - can you recall if the PCNs came together?
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Re: Claim Form
« Reply #17 on: »
On the balance of probabilities the second PCN was also out of date.

My reasoning is;

That the PCN from 29/11 was only issued on 19/12.

So, even if the 2nd PCN from 6/12 was issued on the 19/12 it would still be out of time.

Smart PCNs from that time period were always out of time.

If you search the internet forums you will see dozens and dozens of historic Smart PCNs are being claimed for.

Someone has obviously decided to roll the dice en-masse knowing that a percentage will pay up.

They will have to produce the original PCN at the WS stage - based on their SAR reply one wonders if they are capable of doing that.
« Last Edit: June 17, 2026, 03:04:11 pm by InterCity125 »
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Re: Claim Form
« Reply #18 on: »
Yes, it is 06-13-2024 even on SAR. So what should I do now?

Thank you so much for your help.
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Re: Claim Form
« Reply #19 on: »
That's the date of the contravention, did it give the date on which they posted the PCN?

As I said earlier, send an SAR to DVLA as well to find out when the keeper records were accessed.  This may give confirmation that the PCN was late.  If this doesn't come back before the deadline for defence (or shows a date whereby they could have sent it within 14 days) then wording needs to be adjusted to suit.
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Re: Claim Form
« Reply #20 on: »
I will do that now.

Thanks
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Re: Claim Form
« Reply #21 on: »
I haven't got any response from dvla.

Tomorrow is the last day.
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Re: Claim Form
« Reply #22 on: »
Any help please?
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Re: Claim Form
« Reply #23 on: »

The Claimant's PoC are sparse but I will offer the following skeleton defence;

1. Liability for the alleged debt is denied in its entirety and no money is owed to the Claimant.

2. It is acknowledged that I was the Registered Keeper of the vehicle at the material times.

3. That the driver of the vehicle is not known by the Claimant and there is no legal requirement for me to reveal who was driving at the material time and, as such, I will not be providing that information under any circumstance.

4. That the Claimant is attempting to rely on PoFA to invoke what is known as 'keeper liability' in an effort to move liability for the parking charge from the unknown driver onto myself.

5. That the Claimant is unable to rely on PoFA keeper liability in this particular instance because the Claimant's Notice to Keepers (NtK) were not served on the Registered Keeper (myself) within the required period of 14 days from the alleged contraventions.

6. That with the driver unknown and with PoFA unavailable, there is no legal route by which the Claimant can hold me liable for the parking charges.

7. On the basis of all the above the liability for the debt is denied.
« Last Edit: Today at 07:44:49 am by InterCity125 »
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  3. Claim Form