Free Traffic Legal Advice

Evening all,

First time post here, although previously used Pepipoo some years back and great help from those users - i see some familiar names here too.

Situation as follows:

-RK received letter from Debt Recovery Plus (DRP) a few days ago, referring to a PCN of Smart Parking Ltd dated 30/11/24
-RK (to their knowledge) has not received original PCN from Smart Parking - the DRP letter is the first known about this
-V5 is up to date and address not changed in years, so assume original PCN not sent, not recieved, or possibly mislaid

-Reason for issue is "Overstayed Free Time" in retail park. DRP letter does not give detail of amount of overstay, but Plan A attempted to store with copy of receipt showing custom on date.
-Store sympathetic (manager spoken to) but say unable to cancel and say to contact Smart Parking and mention store manager is happy for cancellation - apparently some of their own staff have been caught out too.
-Not convinced of a plea to Smart Parking, irrespective of whether the store manager has given blessing.

-Presume that RK is now out of time to appeal, but having never recieved original PCN, wondering if 23.8 of BPA CoP comes into play (as mentioned in other posts)
-Is it worth complaining to Smart Parking that the RK never recieved PCN and therefore this should be re-issued and 28 day period should re-start?
-Would position be prejudiced by the above, and/or is it better to ignore DRP letter and wait for next letter - presume from DRP, as Smart Parking have handed over to them?

Thanks in advance!

Don't send a SAR. You send a formal complaint to (not so) Smart Parking which they are obliged to consider as an appeal under Section 11.2 of the BPA/IPC Private Parking Single Code of Practice (PPSCoP). You will put them to strict proof that they actually sent the original Parking Charge Notice (PCN) as postal Notice to Keeper (NtK). They must either provide a certificate of posting or a signed delivery receipt.

(not so) Smart PCNs are never PoFA compliant so the Keeper cannot be liable, only the driver and they have no idea of the drivers identity unless the Keeper blabs it to them, inadvertently or otherwise.

I suggest the following as a formal letter of complaint to (not so) Smart. Save it as a PDF and attach it to an email addressed to: complaints@smartparking.com and also CC in yourself:

FAO: Complaints Department
Smart Parking Ltd
Unit 43 Elmdon Trading Estate
Bickenhill Lane,
Birmingham
B37 7HE

By email to: complaints@smartparking.com

Subject: Formal Complaint Regarding Parking Charge Notice (PCN) [Reference Number]

Dear Sir/Madam,

I am writing to formally raise a complaint regarding the Parking Charge Notice (PCN) issued under reference [reference number].

The grounds of my complaint are as follows:

1. Proof of Issuance of the Original PCN

I have no record of receiving the original PCN. Simply claiming that it was sent on a particular date does not constitute proof of sending or delivery. To meet your obligations under the BPA/IPC Private Parking Single Code of Practice (PPSCoP), I require you to provide strict proof that the Notice to Keeper (NtK) was issued in accordance with the Code. Specifically, I require:

• A certificate of posting or equivalent evidence confirming the date and address to which the NtK was sent; or

• A signed delivery receipt, if applicable.

Without such evidence, any claim of proper service is invalid. I suggest you review the relevant section of the PPSCoP to ensure your practices align with your obligations under the Code.

2. Keeper Liability and PoFA Compliance

The V5C data held by the DVLA has been accurate and unchanged for many years. As the Keeper, I cannot be held liable for this charge unless you can demonstrate full compliance with Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Based on my understanding of Smart Parking's practices, it is highly doubtful that the NtK issued in this case is PoFA-compliant.

3. No Obligation to Identify the Driver

As the Keeper, I am under no legal obligation to disclose the identity of the driver, and I have not done so. Without such evidence, you have no legal basis to pursue this claim against me.

Unless you can provide the required evidence of posting or delivery, and further demonstrate that the NtK is fully PoFA-compliant, you must cancel this PCN or issue me with a valid POPLA code where you know fully well that you have no chance of refuting an appeal.

Please confirm in writing that the PCN has been cancelled. Should you fail to resolve this matter satisfactorily, I will escalate my complaint to the British Parking Association (BPA).

Yours faithfully,

[Your Full Name]
[Registered Keeper]