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#Post#: 61777--------------------------------------------------
Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 10, 2025, 5:41 pm
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I am looking for some advise about a Smart Parking Charge Notice
received on 13th January 2015.
The alleged offence for leaving the car in the car park for
longer than 2 hours on 28/10/24. Letter issued date 6/11/2024. -
I received it 13/01/2025. So I got this letter over 28 days (28
days = 4.12.24) for the issued date which deemed the
instructions a nonsense. I received no other letter from Smart
Parking.
It was evening so dark. There is another small carpark in close
proximity and that one has no such 24 hour rule for how long a
car is parked in the evening (owned by the council). This car
park used to have no restrictions in the evenings.
I attach photos. I was parked in the middle area so not near any
obvious and lit up signs.
There is an unclearly worded notice next to the Coop sign at the
entrance - but no lights on it at night and I assumed the 2
hours didn't apply after 6 as per the other carpark. There are
other very very small signs around the carpark with no lighting.
Easily obscured by cars. You have to walk up close to find and
read them. There never used to be this restriction so it was
unexpected. Also, if you google search – I could not even find
that there is Smart Parking car park in that location.
The 2nd letter I got is the Debt Recover letter on 18/02/2025,
however it refers as being the 4th letter which it is definitely
NOT!
The car registration is a vehicle not owned by me. I am no
longer a temporary keeper of it.
I have not responded to either letters. Please can someone
advise what I should do now?
#Post#: 61801--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 10, 2025, 9:48 pm
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READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
What was the date of the alleged contravention. It matters not
the actual date you received the notice but the date it was
deemed given to you which is two working days after the date of
issue. Date of contravention + two working days after the date
of issue = deemed date it was given to you. If it was over 14
days, then it is not PoFA compliant.
Did you appeal and did you get a POPLA code?
#Post#: 61803--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 11, 2025, 2:29 am
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Hi,
Many thanks for your reply, the date of contravention was on
28/10/24, letter date of issue was 6/11/24 and received in post
on 13/1/2025.
I didn't appeal and I did not get a POPLA code - will this now
be a problem?
many thanks
#Post#: 61882--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 11, 2025, 7:41 am
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You should send Smart Parking a formal letter of complaint
stating that their Notice to Keeper was delivered after the 14
day deadline in order to be able to hold the Keeper liable and
you require evidence from them of the actual date it was entered
into the postal system, as required by the PPSCoP section
8.1.2(e) Note 2.
Mention also that you will require evidence that Smart hold a
valid contract flowing from the landowner permitting them to
issue Parking Charge Notices (PCNs) at the location.
#Post#: 62001--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 11, 2025, 5:06 pm
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Thank you for your advice.
I have sent my formal complaint as advised - I did this through
their website in the appeals section, stating it is a letter of
complaint.
Today, I have received a second debt recovery letter with
charges, of course increased now to £280.
#Post#: 62015--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 11, 2025, 6:40 pm
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That doesn't sound like a debt recovery letter but rather a
Letter of Claim (LoC). please show us the letter. Only redact
your personal info.
#Post#: 62022--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 11, 2025, 7:05 pm
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Hi again,
I have uploaded the 3 letters.
kind regards
[attachment deleted by admin]
#Post#: 62023--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 11, 2025, 7:25 pm
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also added redacted pcn notice from Smart Parking
[attachment deleted by admin]
#Post#: 62029--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: b789
Date: March 11, 2025, 10:19 pm
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It hasn't increased to £280!!! Please read everything carefully.
A debt collector letter is nothing but a scare tactic to make
low-hanging fruit on the gullible tree pay up out of ignorance
and fear. They are powerless to do anything and you must ignore
them.
Only the operator or their legal representative can issue a
Letter of Claim (LoC) and even then, you are not required to
respond. It just means that after 30 days, they can then issue a
claim.
(Not so) Smart are nothing to fear. No one pays them if they
follow our advice.
What exactly did you put in your formal complaint? You are now
waiting for a response to that.
There is not much more you can do at this atGE and you are in
fact waiting for an LoC which you should show us when you
receive it. Anything else that comes from a useless debt
collector can be safely ignored.
#Post#: 62034--------------------------------------------------
Re: Carlton Court Smart Parking PCN
DIR By: PurpleOrchid
Date: March 12, 2025, 2:31 am
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My communication was, hope it was OK :
-------
I am writing to give you a formal letter of complaint.
Date of alleged contravention was on 28/10/24, the letter date
of issue was 6/11/24 and this was received in post on 13/1/2025.
No other letter has been received, before or after.
(Date of contravention + two working days after the date of
issue = deemed date given to me) . It was over 14 days, so it is
not PoFA compliant. To be clear, your Notice to Keeper was
delivered after the 14 day deadline.
In order to be able to hold the Keeper liable, I require
evidence from you of the actual date it was entered into the
postal system, as required by the PPSCoP section 8.1.2(e) Note
2.
Also, I will require evidence that Smart hold a valid contract
flowing from the landowner permitting you to issue Parking
Charge Notices (PCNs) at the location.
Regards
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