Author Topic: Overstay Charge - Furzton Lake - Smart Parking Ltd  (Read 1284 times)

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Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
« Reply #15 on: »
The IAS have now responded and given me a few days to provide further evidence after they have received evidence from smartpark.

The evidence smartpark provided was the original letter sent to me in the post and the photos showing the signage in the carpark.

Do I need to do anything at this stage before in for to an adjudicator in a few days time or just rely on the information above already provided to smartpark?

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« Last Edit: July 29, 2025, 09:31:44 am by ian505050 »

Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
« Reply #16 on: »
Simply respond with the following:

Quote
The Notice to Keeper was not delivered within the 14-day statutory period required by Schedule 4, Paragraph 9(4) of the Protection of Freedoms Act 2012. It was deemed given on Monday 16th June—16 days after the alleged contravention on Saturday 31st May—rendering it non-compliant. The Keeper has not identified the driver, and Smart Parking cannot rely on PoFA to transfer liability. There is no lawful basis to pursue the Keeper.

Statutory deadline calculation:

• Date of alleged contravention: Saturday 31st May
• Day 1 of the 14-day period: Sunday 1st June
• Final day for delivery to comply with PoFA: Friday 13th June
• Latest possible issue date (to allow for 2 working days delivery): Wednesday 11th June
• NtK was issued: Thursday 12th June
• Deemed delivered: Monday 16th June
• Result: Delivered 3 days late, outside the statutory limit

PoFA compliance requires delivery within 14 days—not printing, issuing, or misrepresenting the calendar. The NtK would have had to be issued no later than Wednesday 11th June to be deemed delivered by Friday 13th June. Smart Parking missed that deadline. Their claim of compliance is not just wrong—it’s demonstrably incompetent.

If the assessor chooses to overlook these legal requirements and accept vague assertions, that will speak for itself—and lend further weight to the growing concern that this appeals service is neither independent nor genuinely legally qualified.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
« Reply #17 on: »
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.
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Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
« Reply #18 on: »
I sense a worried IAS starting to apply the law and not their backhanders to these appeals. They know their days are numbered.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain