Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: big_bad_golf on May 16, 2026, 02:33:07 pm
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Excellent, so assume I've done right by advising my relative to use the reply template from here - https://www.ftla.uk/private-parking-tickets/pcn-cardiff-ncp/msg102882/#msg102882
I am the keeper of the vehicle and I dispute your “parking charge”. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client/landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of the Protection of Freedoms Act 2012 (PoFA 2012), you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. COMPANY has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some strained interpretation of the law of agency. Your NtK can only ever attempt to hold the driver liable.
Further, you are now on notice that I am also reporting COMPANY to the DVLA for breach of the Private Parking Single Code of Practice, Section 8.1.1(d). You will be aware that DVLA data access is conditional upon compliance obligations, and that breaches engage your KADOE contract. I will not set out the detail here; you are invited to look up Section 8.1.1(d) yourself.
COMPANY has no prospect of success at POPLA. You are urged to save us both a complete waste of time and cancel this charge.
Not had to deal with this since the days of PEPIPOO which I've been advised this forum has many of the same contibutors?
Thanks again!
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Smart currently seem to have two templates, one of which mentions PoFA 2012 and one of which doesn’t. As does Parking Eye. So relatively easy to spot.
17/4 would normally require a posting/issue date of 29/4 or earlier.
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Thanks for reply, here's the rear image
I assume they KNOW it's non-compliant with POFA when they don't even mention it themselves?
https://ibb.co/zWW06ps9
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If the driver is not identified it seems likely that Smart has issued the notice too late to hold the registered keeper liable.
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https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
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My relative as registered keeper has received the att. PCN from Smart Parking.
As you can see it alleges a 4+hr stay at Bodmin services PL26 8UF, which seems unlikely at best for a small A-Road services.
However, being elderly there is no obvious 'smart phone' based data we can use as loose evidence, e.g a photo 2 hrs later with geodata 20 miles away.
They do agree that the photos provided show registration plates matching, e.g. this is a mistake but not an OCR misrecognition based one.
It states the date of contravention as 17/4/26 with date issued as 05/05/26, received in post this morning.
He has only sent the front page for now but there is no option to appeal on the front page, only pay!
https://ibb.co/y2BWF0T
I will chase the rear ASAP.