Repeat problem from same company at same location:
On 23/06/2026 the driver of the vehicle entered a car park at a local gym - where the driver has been frequenting for the past 2 years. Upon entering the gym facility - the driver entered the registration details of the vehicle into the provided parking machine/ipad in the gym - as the driver has done on every occasion of visiting this facility.
On the 13/08/2026 - some 7 weeks later - a PCN notice was posted to the Keeper of the Vehicle - notifying them of a parking charge.
The driver at the time is not the keeper of the vehicle.
Please see image of PCN attached.
No access to photos of the parking conditions.
I am spouse of the registered keeper of the vehicle.
Image be007db2 e31d 4c10 857d f6a78f4bc977 hosted on ImgBB
Best if we refer to the notice's title: Notice to Keeper.
Pl post the rest of the Notice to Keeper.
It seems that Smart is going back to being unable to issue notices on time to be able to use PoFA 2012 to transfer liability from the driver to the registered keeper.
If you look at cases from the last couple of days with "Smart" in the title, and search the forum you should find similar cases.
You can appeal as registered keeper without identifying the driver on the basis that the notice was issued too late and therefore you are not liable.
Smart will reject the appeal, the IAS will reject the appeal, and you will have to file a defence to a county court claim which - if properly defended - will likely be discontinued before the claimant has to pay the court fee.
It will all take a number of months and you need to stay on top of the process.
And, yes, the Read This First requests that you post all of the notice.
Thanks for the advice thus far.
When this situation was dealt with in the past - the below message was submitted to Smart. A response from them indicated that the PCN had been cancelled.
Not sure if the rules have changed since 2025 - but appreciate the help.
I only have access to one side of the PCN at the moment - I can attempt to get a picture of the reverse of the document and upload it in due course.
"I have received your Parking Charge Notice SP50515098 for vehicle registration mark LS64WZM, in which you allege that the driver has incurred a parking charge. I am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. My appeal is on the following grounds:
1. No Keeper liability
You have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act (PoFA/"the Act"). The notice was not delivered within the relevant period of 14 days beginning with the day after that on which the specified period of parking ended, stipulated by 9(5) of the Act, required by 9(4) of the Act.
Date of parking event: 28/01/2025
Date of issue: 10/02/2025
Date the notice was "given" as per 9(6) of the Act: 12/02/2025
Time elapsed: 15 days
As you are unable to hold me liable as the registered keeper of the vehicle, this appeal should be upheld.
2. Breach of the Private Parking Sector Single Code of Practice (PPSSCoP)
Clause 8 of the PPSSCoP states:
8.1.1. The parking operator must not serve a notice or include material on its website which in its design and/or language: [...]
d) state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.
As above, the notice has been issued too late to be delivered within the relevant period prescribed by the Act. Despite this, your notice claims that if the notice remains unpaid, you will have the right to recover any unpaid charges from me, the registered keeper, and further states that "This notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act".
Using such wording when you are aware that no such keeper liability exists is a direct contravention of the PPSSCoP. In light of this I require you to:
a) Immediately cancel the charge
b) Provide an explanation as to why the notice wrongly claims to have been issued under Schedule 4 of the Protection of Freedoms Act
I look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.
Many thanks."
That should do it but it can only be sent by the RK.
ImgBB