3. Smart Parking PCN - Paid for insufficient time - Belgrave Road Car Cark, Margate
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Smart Parking PCN - Paid for insufficient time - Belgrave Road Car Cark, Margate
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I may have already shot myself in the foot by doing an appeal which was denied and I am now considering if it is worth appealing further to the IAS.

Parking was paid roughly 10 minutes after the car arrived and left at the time of expiry of the 2 hours after that point. The car park was busy and phone signal was poor so used a physical machine to pay which had a queue as one of the machines were down.

I will post the PCN, my appeal and the response letter.

The only other potential save is that I (the registered keeper) and person who sent the appeal off was actually out of the country at the time. Not sure if that angle could work but I would have the ticket of the day I flew out (same day as the PCN)

I do not currently have car park signage but can obtain this soon.

Thanks for your time and help

PCN FRONT



PCN BACK



APPEAL SENT (With card payment screenshot)




RESPONSE

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Re: Smart Parking PCN - Paid for insufficient time - Belgrave Road Car Cark, Margate
« Reply #1 on: »
The original PCN was deemed delivered on 19/5 which is more than 14 days after the parking event, and so liability can not be transferred from the driver to the registered keeper, if the driver was not identified. I can’t work out whether or not the driver was identified in that appeal you sent. You may have submitted the appeal “as driver”, for example.
Smart would have said that the PCN was “issued” within 14 days, so compliant with the legislation, but that is their current fib, it is untrue. So your appeal on this basis would have been denied anyway.

If you think that “we” doesn’t identify the driver - it doesn’t - then you can construct a defence to the future court proceedings, and with a strong defence the case will be withdrawn before it gets to court.

It would be interesting to see if the IAS upholds Smarts untruthful claims, and I believe that the process will cost Smart some ££ and its result is not binding on you.
« Last Edit: June 10, 2025, 09:19:28 pm by jfollows »
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Re: Smart Parking PCN - Paid for insufficient time - Belgrave Road Car Cark, Margate
« Reply #2 on: »
Quote from: jfollows on June 10, 2025, 09:09:39 pm
The original PCN was deemed delivered on 19/5 which is more than 14 days after the parking event, and so liability can not be transferred from the driver to the registered keeper, if the driver was not identified. I can’t work out whether or not the driver was identified in that appeal you sent. You may have submitted the appeal “as driver”, for example.
Smart would have said that the PCN was “issued” within 14 days, so compliant with the legislation, but that is their current fib, it is untrue. So your appeal on this basis would have been denied anyway.

If you think that “we” doesn’t identify the driver - it doesn’t - then you can construct a defence to the future court proceedings, and with a strong defence the case will be withdrawn before it gets to court.

It would be interesting to see if the IAS upholds Smarts untruthful claims, and I believe that the process will cost Smart some ££ and its result is not binding on you.

Thanks for your response. Unfortunately I can't go down the delivered on 19/05 route as the appeal was sent off on the same day as receipt (17/05). Would this change the liability transfer? I don't believe the driver was identified in the appeal and I can prove that I was not even in the country if it did ever get to court (although I don't want to get to that stage)

If it does change things, would it still be worth going down the IAS appeal?
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Re: Smart Parking PCN - Paid for insufficient time - Belgrave Road Car Cark, Margate
« Reply #3 on: »
I was about to submit an appeal to the IAS but they cannot find my appeal number. I cannot also find a way to contact smart parking. Any advice? I am definitely using the right parking charge number


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Re: Smart Parking PCN - Paid for insufficient time - Belgrave Road Car Cark, Margate
« Reply #4 on: »
Who really cares? It may have already been cancelled.

It is the IAS and they are a kangaroo court. Just ignore everything unless/until you receive a Letter of Claim (LoC). You can safely ignore all debt recovery letters and we certainly don't need to know about them.

Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. Never, ever, enter into communication with a powerless debt collector.

Irrespective of the date you appealed, the fact is that their NtK is not PoFA complaint and there can be no Keeper liability unless you blabbed the drivers identity in your appeal.

However, if you follow the advice you receive here, you will not be paying a penny to (not so) Smart Parking.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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  3. Smart Parking PCN - Paid for insufficient time - Belgrave Road Car Cark, Margate