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       #Post#: 132212--------------------------------------------------
       Smart Parking PCN - Overstay (ANPR) - KFC Chelmsley Wood
   DIR By: elleexs
       Date: October 5, 2026, 12:01 pm
       ---------------------------------------------------------
       Hi all,
       First time posting so apologies if I've missed anything. I'm the
       registered keeper of the vehicle, V5C is in my name.
       Just to get this out of the way, I can't find the original PCN
       anywhere. I've got the rejection letter from Smart Parking dated
       21/07/2026 and both debt recovery letters which have all the
       details on them. If anyone needs something specific from the
       original PCN then let me know and I'll try and dig it out, but
       I've searched everywhere.
       So, what happened. On 07/06/2026 the vehicle was at KFC
       Chelmsley Wood. ANPR has arrival at 19:52 and departure at
       20:51, so 59 minutes in total. The PCN says the max stay is 45
       minutes, which makes it a 13 minute overstay, or 3 minutes past
       the 10 minute grace period.
       The driver went through the drive thru, got food, and ate it in
       the car park. They were on a work break and are a genuine
       customer. At the time the driver thought the limit was an hour,
       and didn't see any clear signage saying 45 minutes from where
       the car was parked.
       Timeline of everything so far:
       07/06/2026 - alleged contravention, 59 mins on ANPR
       22/06/2026 - PCN issued by Smart Parking Ltd
       06/07/2026 - appeal submitted through their online portal
       21/07/2026 - Smart Parking say they emailed a rejection. I never
       got it.
       20/08/2026 - passed to Debt Recovery Plus
       24/08/2026 - DRP letter demanding £170
       15/09/2026 - I sent a formal complaint to Smart Parking about
       the missing rejection
       21/09/2026 - DRP letter again, still demanding payment and now
       threatening to push it to £280
       01/10/2026 - Smart Parking replied. They confirmed the appeal
       was received on 06/07/2026 and say a rejection was dispatched on
       21/07/2026. They reckon there's no record of failed delivery.
       They also told me they're IPC members now rather than BPA, so
       it's the IAS rather than POPLA.
       What I've done so far is appeal on 06/07/2026 with no response,
       complain on 15/09/2026, and try the IAS which got rejected as
       out of time. They told me I'd need to ask Smart Parking for a
       Non-Standard Appeal. I haven't paid anything and I haven't asked
       for the Non-Standard Appeal yet.
       The main things I'm trying to work out are whether this £170
       (apparently £280 now) is actually enforceable or if it's just
       made up debt collector fees, and whether there's any real
       argument against the original charge given it's a 13 minute
       overstay and the driver was a genuine paying customer. I'm also
       unsure whether the Non-Standard Appeal is worth doing or if I
       should just sit tight and wait for a Letter of Claim. And does
       the fact Smart Parking never actually delivered the rejection
       letter give me anything to work with, or is that a dead end?
       The other thing is the DRP letters. Do I just keep ignoring
       them? I've been ignoring them so far but it's getting a bit
       unnerving.
       Attachments are here:
  HTML https://postimg.cc/gallery/7hwS0tr
       That's the Smart Parking rejection letter from 21/07/2026, both
       DRP letters (24/08 and 21/09), the complaint response from
       01/10/2026.
       I don't have photos of the signage from the day but I'm going to
       go back and take some, I'll add them to the thread once I've got
       them.
       Thanks in advance for any advice, and sorry for the essay.
       #Post#: 132213--------------------------------------------------
       Re: Smart Parking PCN - Overstay (ANPR) - KFC Chelmsley Wood
   DIR By: jfollows
       Date: October 5, 2026, 12:07 pm
       ---------------------------------------------------------
       Ignore DRP completely and utterly. They have no power of any
       sort.
       Send a Subject Access Request to Smart for all data they hold on
       you, which will include the original PCN you have lost. It may
       be vital to construct a defence.
       What did your appeal and other correspondence to Smart say?
       If the PCN is dated 22/6 for some kind of alleged contravention
       on 6/6 then it is issued too late to transfer liability to the
       registered keeper using
  HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
       from the
       unknown driver, as long as the driver has not been identified.
       If you didn’t identify the driver, you have the basis for a
       defence to the inevitable court claim which will follow. If
       properly defended, it’s likely that it will be discontinued
       before going to court. Search the forum for similar cases for
       more information.
       --- Quote ---
       > (4)The notice must be given by—
       >
       > (a)handing it to the keeper, or leaving it at a current
       address for service for the keeper, within the relevant period;
       or
       >
       > (b)sending it by post to a current address for service for the
       keeper so that it is delivered to that address within the
       relevant period.
       >
       > (5)The relevant period for the purposes of sub-paragraph (4)
       is the period of 14 days beginning with the day after that on
       which the specified period of parking ended.
       --- End Quote ---
       #Post#: 132215--------------------------------------------------
       Re: Smart Parking PCN - Overstay (ANPR) - KFC Chelmsley Wood
   DIR By: elleexs
       Date: October 5, 2026, 12:34 pm
       ---------------------------------------------------------
       Found the wording I used in the appeal. It was:
       "I am appealing this charge on the grounds that I was a genuine
       customer at the KFC restaurant and that I did not see clear or
       visible signage from the bay in which I parked about the 45
       minute time limit. I can confirm I was customer by providing a
       bank statement on this day and time, having gone through the
       drive thru and ate my break food in my car. I request you please
       cancel this charge."
       I'll leave it to you to read what that means for identification.
       My original complaint on 15/09 was only about the missing
       rejection letter and the escalation to DRP which they replied
       to.
       Does that affect the POFA point? If so, what am I left with?
       Signage and the 3 minutes past the grace period?
       Sending a SAR off today to get the original appeal and the PCN
       back so that should settle it.
       Anything else I should be doing in the meantime or just wait for
       the SAR?
       #Post#: 132216--------------------------------------------------
       Re: Smart Parking PCN - Overstay (ANPR) - KFC Chelmsley Wood
   DIR By: jfollows
       Date: October 5, 2026, 12:36 pm
       ---------------------------------------------------------
       You said “I” so you identified the driver. PoFA is therefore
       irrelevant.
       To be clear, you responded as registered keeper and identified
       yourself as the driver.
       Anyone who implements a “grace period” won’t extend this. You
       either left within the period of parking plus the grace period,
       or you didn’t. Whether it’s 1 minute, 3 minutes, or 300 minutes
       doesn’t matter. Clear signage, or lack of such is a more
       promising approach I think.
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