Hi
I had a smart parking fine through the post. The fine was for the 1/07/2024 the issue date was 22/07/2024. The letter stated it was to my name but no mention of driver or keeper. No mention of POPLA on the parking notice. I appealed saying that as this is notice to keeper it does not meet POPLA’s 14 day rule of receiving the PcN within 14 days. They sent me an email acknowledging my appeal but didn’t ever give me an outcome. My appeal was well within the timeframe of appeal. I have had lots of threatening letters through the post from a debt collecting agency and now a notice for a ccj. I have contacted the company sending threatening letters and explained the situation. I’ve asked for proof that there was an outcome to my appeal and the 10 digit reference code. I’ve asked for information like photos and the pcn. I’m told that these are unreasonable requests. If I put all this through as my defense in court will I win or do I just pay the hugely inflated fine and forget about it.
Thank you
Hannah
Please slow down, read
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post the things you have sent and received for us to see.
If the PCN from Smart was issued too late, then if the driver has not been identified the liability can not be passed to the keeper under PoFA 2012 (
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
).
But whether or not this can be a defence for you remains to be seen.
If you have a N1SDT court claim form, you have 14+5 days from its date to file a defence or an Acknowledgment of Service, and if you file the AoS you get an extra 14 days to file a defence. When you show us this form, obscure your personal details and the password.
Do not continue to contact any of these people, they may well try to get the drivers ID which you must not divulge.
Everything in writing.
Post up what you have received, including a copy of the PPN.
Also, this is not a FINE, it is an invoice.
Hi
Thank you. I’ve been trying to upload a file. I must be missing something. I can’t see where I can upload. When I click on attachments and other options it doesn’t show me anything. Thank you for any advice
Read the link I posted earlier.
Thank you.
There’ll be more to follow. I also had telephone conversation with the debt collecting agency.
Thank you.
There’ll be more to follow. I also had telephone conversation with the debt collecting agency.
General advice: as in
Reply #2 above
- Ignore debt collectors completely
- Do not have telephone conversations with anyone, including debt collectors
You need to have everything in writing, and you run the risk of inadvertently damaging your position during a telephone call.
I could not find a N1SDT county court claim in the posts above. You say you have “a notice for a CCJ”. What’s this?
Parking companies routinely deny valid appeals, so don’t take this too personally.
If you do have a county court claim which I missed, please note its deadlines carefully.
If not, you’re probably waiting for a Letter of Claim from DCB Legal, to which you will need to send a response. There is then a court claim, and DCB Legal usually discontinues these claims eventually if they are defended.
Your defence looks like non-compliance with PoFA 2012 and the driver has not been identified. Will you please post a clearer copy of the original PCN, with all dates showing as well?
The phone conversation was me trying to say I should have a 10 digit ref to appeal to POPLA if my appeal was unsuccessful. This was in Feb this year. I then stated that the parking notice was outside poplas 14 days and that there was more than 1 person that could drive my car so the 14 day rule should apply. It would be hard to remember who was driving if the time frame was longer than that 😬. The person on the other end kept repeating I was in breach of contact and needed to pay. I said the amount remains the same until the outcome of my appeal. They didn’t send me an outcome and nor have I had any information I’ve asked for from them.
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Yes it was a letter HM courts and tribunals service at the civil national business centre. If I don’t respond in the time frame I could get an automatic ccj. If I defend and it goes to court, and lose, will I then automatically get a ccj? What would be the maximum costs I’m looking at if I end up paying the legal companies solicitor fees?
Thank you for any help and information.
I’m a bit lost at how to do that at the moment. Do I have a good enough case? The 14 day rule? Is it also wrong not to have an outcome to an appeal. I’m no good at speaking legal jargon. Worried I’m missing something.
The above article is brilliant!!! Thank you. I will definitely defend. I must be one of the stupid gullible ones. I nealy ducked out at the last hurdle. Thank you 🙏
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