Author Topic: Court letter  (Read 34 times)

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Court letter
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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

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Re: Court letter
« Reply #1 on: »
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...
legislation.gov.uk
).

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.

Re: Court letter
« Reply #2 on: »
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.

Re: Court letter
« Reply #3 on: »
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

Re: Court letter
« Reply #4 on: »
Read the link I posted earlier.