Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Tawatac on April 20, 2026, 12:12:12 pm
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I'm not following. They are saying I overstayed by 24mins but I only overstayed by 5mins, the first 19mins they are saying I overstayed were at the start and this was due to the parking machine not working and I had to go into the church and have someone help me pay manually.
Entered car park 16:34
Paid parking - 16:53-17:53
Exited car park 17:58
My question is how to deal with the IPC as I know they have got a record to side more with the operator.
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You may, then, have metaphorically shot yourself in the foot.
The “consideration period” only applies if you don’t park, but decide not to accept their terms and leave.
The “grace period” is on the end of parking time paid for.
The driver entered into a contract by parking according to the terms displayed. If the signs were not clear you might have a defence.
Otherwise what do you say to the IAS? You stayed for much longer than you paid for. They frequently reject good appeals, but even more often if you don’t have a good appeal. If you go down this route, what do you say in your court defence in due course?
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I didn't directly confirm it was me but may have done so unintentionally as I was responding back saying I never received it and sent proof of the ticket I'd purchased.
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Did you identify the driver in your correspondence with Smart?
If not, the PCN was issued too late to transfer liability from the unknown, unnamed driver to you, the registered keeper.
Date of contravention: 8/4/25
Date of PCN: 23/4/25, deemed delivered 25/4/25, more than 14 days later.
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Apologies, had to dig it out from earlier emails as they hadn't actually attached it to this email.
PFA
https://ibb.co/W43ZDnNr
https://ibb.co/3542TzMp
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I never received the original PCN only the debt recovery letter.
You said We can confirm that your PC was issued via post on 18/04/2025 - please find attached a copy of this.
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I never received the original PCN only the debt recovery letter.
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Please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and, in particular, post the PCN you have now received and give information about dates.
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I received a debt recovery letter regarding a Smart Parking PCN, but I never received the original PCN / Notice to Keeper beforehand, so had no chance to appeal or pay earlier.
The incident was at a church car park. I arrived at 16:34. There was an issue with the payment machine, so I went inside an adjacent church for assistance. Staff helped me make the payment 60 minutes at 16:53.
The paid session expired at 17:53. The vehicle exited at 17:58, so only 5 minutes after the paid time ended.
Smart Parking are relying on total ANPR site time 84 minutes and say there was insufficient paid time, then passed it to Debt Recovery Plus. I contacted the church to cancel but they said they don't own the car park so can't make the request. They rejected the complaint and said their grace/consideration periods were applied. They've now referred me to The IPC for making a further complaint. Any advice please.
Final email from Smart Parking Below
Good afternoon,
Thank you for your email.
Complaint Ref: ####
Having considered the comments raised in your complaint, we offer the following response.
We can confirm that your PC was issued via post on 18/04/2025 - please find attached a copy of this.
Smart Parking Limited have no hold over the postal service and if this has not been received, we would advise you get in contact with your local post office regarding your undelivered post.
We can confirm that the Parking Charge was issued due to insufficient paid time. Our payment system shows that 60 minutes was purchased against vehicle registration ##### however, your vehicle remained on site for a total of 84 minutes. Additional time can be purchased at any point during your stay, before exiting the car park. As your vehicle was parked in excess of the parking time purchased, the advertised terms and conditions have been breached.
Smart Parking’s grace and consideration periods are compliant with The Private Parking Sector Single Code of Practice June 2024. Appropriate time is afforded for motorist to enter the car park, identify and comply with the tariff, restrictions, terms and conditions, find an available parking space or decide whether they wish to stay and comply or leave the parking site. Neither the grace nor consideration periods are time for free parking. We can confirm that your vehicle duration on site exceeded the applicable grace/consideration period.
Please be aware that the car park is monitored by an Automatic Number Plate Recognition (ANPR) system. All accessible entry and exit points in this car park have a ANPR camera in place which takes an infrared image of the vehicle registration, as the vehicle passes by. The system then identifies the vehicle registration mark (VRM) from these images, after which the total time the vehicle remained on site is calculated, recorded and compared with any parking time purchased/the advertised terms and conditions. Furthermore, regardless of whether the vehicle was left unattended or not: by parking, waiting or otherwise remaining in the car park, you agree to comply with the advertised terms and conditions.
Due to the length of time the parking charge has been open, it has now been passed to a debt recovery agency.
Should you wish to discuss the charge further, please contact the debt recovery agency directly.
We must inform you that you have the right to escalate your complaint further with our Accredited Trade Association. They can be contacted at https://portal.theipc.info/login/complaints
Please note, you will need to upload a copy of your final complaint outcome from Smart Parking Limited, as part of your evidence submission. Any complaints escalated to the IPC’s AOS will not be considered without a copy of your outcome.
We do not believe that there is any further action required from your complaint and therefore we now consider this complaint closed.
You have now reached the end of our internal complaint’s procedure.
For any future queries, please contact info@smartparking.com via email, who will be able to assist you further.