Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: WaffleJet on May 18, 2025, 02:03:36 pm

Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: DWMB2 on June 26, 2025, 09:16:18 am
Elliott vs Loake, of course they're still trotting that one out  ;D
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: b789 on June 26, 2025, 09:06:06 am
The IAS is a kangaroo court. It is NOT independent and its adjudicators are anonymous, even though they claim to be solicitors or barristers. That is an outright lie. They have one ex-barrister who is an advisor and that is it.

The IAS decision is as expected and is not binding on you. It has no effect on anything going forwards.

The odds of you actually having to appear in court are less than 1%. Any claim issued is easily defended with our assistance and will either be struck out or discontinued.

As for debt recovery letters, you can safely ignore any of those. Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

This whole process is designed to pick the ripe fruit off the gullible tree. There is no danger of a CCJ, even if it was one of the less than 1% that ever do reach that stage and you were unsuccessful. I will add why you cannot get a CCJ after this.

Any claim will would be in the small claims track where costs are fixed. If a claim is issued and the defence was unsuccessful, the judgment amount would be less than the claim amount because these firms add a fake £70 to their claims that most judges would never allow.

All you have to do now is ignore all the reminders and debt recovery letters. We don't need to know about those. When you receive a Letter of Claim (LoC), come back and we will provide a suitable response.

Here is the process to getting a CCJ:

Nothing we advise on here will make anyone get a CCJ.

Quote
A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.
• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.
•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).
• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.
• Debt collectors have no power—they just send letters and can be ignored.
No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).
• This is a warning that they may start a court case.
• The recipient has 30 days to reply before a claim is filed.
No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.
• The court sends a Claim Form with details of the claim and how to respond.
• The recipient has 14 days to respond (or 28 days if they acknowledge it).
No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.
• If the recipient ignores the claim, the parking company wins by default.
No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.
• If they pay within 30 days, no CCJ goes on their credit file.
• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.
• The person loses or ignores the case.
• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.

Finally, if you are worried about what "going to court" in a civil small claims case, it is not Rumpole of the Bailey. Have look at this short video of what to expect on the day, assuming a case like this ever gets to that point, which is about as likely as finding a hens tooth:

https://youtu.be/n93eoaxhzpU?feature=shared
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: jfollows on June 25, 2025, 10:06:30 pm
I thought it might be helpful to provide some context regarding the Adjudicator's Decision, so I've attached a screenshot to this post. As expected, the appeal has been dismissed.

I wanted to ask what I should expect next. I'm particularly concerned about the possibility of court involvement, as I've never been through any court procedure before. I'm also worried about the potential costs if the case is lost - I'm not even sure what to expect in that regard.

As mentioned earlier in Smart Parking reply to my appeal, "...PC will be passed to debt recovery" so I wonder what are the possibilities of this case landing in court.

I'd appreciate hearing your thoughts, and thank you all again for your support.


(https://i.imgur.com/ZKkT1Lr.png)
Thoughts are that it’s a lot of twaddle and lies, dressed up as if it were the opposite, with the intention of frightening you into paying up because you’re frightened to take it to court.

We’ve seen the twaddle before, and are familiar with it, but you’re not, fair enough.

It’s very unlikely to get to court, because if it does they’ll lose, 99% likelihood. But it’s your risk and your money.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on June 25, 2025, 09:54:26 pm
I thought it might be helpful to provide some context regarding the Adjudicator's Decision, so I've attached a screenshot to this post. As expected, the appeal has been dismissed.

I wanted to ask what I should expect next. I'm particularly concerned about the possibility of court involvement, as I've never been through any court procedure before. I'm also worried about the potential costs if the case is lost - I'm not even sure what to expect in that regard.

As mentioned earlier in Smart Parking reply to my appeal, "...PC will be passed to debt recovery" so I wonder what are the possibilities of this case landing in court.

I'd appreciate hearing your thoughts, and thank you all again for your support.


(https://i.imgur.com/ZKkT1Lr.png)
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: jfollows on June 11, 2025, 03:56:54 pm
I'm just chiming in to say I have the EXACT same scenario as OP, with a Smart Parking PCN issued on the exact same day as OP and for a contravention on the exact same day as OP (different location).

I used the template in this thread to say they are outside of the 14 days and they have also upheld the fine with an almost identical response (laughably suggesting that the 14 days starts from the moment they get the owners details from the DVLA!?)

I dont mind appealing to IAS, but I really do not have the emotional resources to go to court over it.
Please open your own thread if you want some advice.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: colnago2001 on June 11, 2025, 01:39:36 pm
I'm just chiming in to say I have the EXACT same scenario as OP, with a Smart Parking PCN issued on the exact same day as OP and for a contravention on the exact same day as OP (different location).

I used the template in this thread to say they are outside of the 14 days and they have also upheld the fine with an almost identical response (laughably suggesting that the 14 days starts from the moment they get the owners details from the DVLA!?)

I dont mind appealing to IAS, but I really do not have the emotional resources to go to court over it.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on June 11, 2025, 01:17:59 pm
Let me know if the draft makes sense and/or contains something irrelevant to the case. Big thanks for helping out with this.

In the operator’s Prima Facie Case, it is stated that "the appellant was the driver." This is a false and unsubstantiated assertion.

At no point has the identity of the driver been disclosed to the operator, either in the initial appeal or in this IAS appeal. No admission, statement, or implication has been made regarding who was driving the vehicle at the time of the alleged parking event.

There is no legal obligation on the registered keeper to identify the driver, and the keeper has chosen not to do so.

Accordingly, the assessor must consider this case solely on the basis of keeper liability under Schedule 4 of the Protection of Freedoms Act 2012. As explained in the original appeal, the Notice to Keeper was not served within the statutory period of 14 days as required by Paragraph 9(4). The alleged parking event occurred on 27 April 2025; the Notice to Keeper was issued on 12 May 2025 and, under Paragraph 9(6), is presumed served on 14 May 2025 — 17 days after the event. This failure to comply with the statutory timeframe invalidates any attempt to transfer liability from the unidentified driver to the keeper.

As a result, no keeper liability exists in this case, and the operator has no lawful basis to pursue the registered keeper for this charge.

The operator’s claim regarding the driver’s identity is not only unsupported but irrelevant given the failure to meet the requirements of Schedule 4. I respectfully request that this appeal be upheld.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: DWMB2 on June 11, 2025, 10:18:27 am
Indeed. Draft something up to show us. Re. the driver point you could for example say something like:

The Operator reports in their evidence that the appellant was the driver. This is a false statement. At no point has the identity of the driver been disclosed to Smart Parking, either in my initial appeal, or IAS appeal. There is no obligation to disclose the driver, and I have chosen not to do so. The assessor should therefore consider my liability for the charge as the registered keeper only.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: jfollows on June 11, 2025, 06:47:09 am
You should rebut any incorrect statements, yes. Otherwise the assessor will probably assume they’re correct.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on June 10, 2025, 10:27:01 pm
Was able to appeal through IAS so taking my chances here. Attached my appeal letter and details and Smart Parking's response. What's ridiculous is Smart Parking claims that the appellant (me) was the driver and the keeper, absolutely no basis for them to make such statement. The IAS allows me to submit another response to smart parking's letter prior to referring straight to arbitration, not sure if it's worth pointing out in my response that they're making a false statement. Curious to hear your thoughts. Thanks.

(https://i.imgur.com/buFpS57.png)
(https://i.imgur.com/0JO5DtG.png)
(https://i.imgur.com/olpMF5w.png)
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: b789 on June 02, 2025, 07:04:38 pm
I have submitted the following FOI request to the DVLA:

Quote
To: foi@dvla.gov.uk

Subject: Freedom of Information Request – AOS Membership History for Smart Parking Ltd

Dear Sir or Madam,

FREEDOM OF INFORMATION REQUEST

Under the Freedom of Information Act 2000, I am writing to request the following information:

Please confirm the exact date on which Smart Parking Ltd (Company Number SC138255) ceased to be an Accredited Operator under the British Parking Association (BPA) Approved Operator Scheme (AOS), and the date on which it became an Accredited Operator under the International Parking Community (IPC) AOS.

If there was any period during which Smart Parking Ltd held no AOS accreditation, please confirm the dates of that gap.

This information is being requested to determine the applicable Code of Practice and appeals procedure relevant to a Parking Charge Notice issued by the company.

If any part of this request is exempt, please state the exemption relied upon under the Act.

Yours faithfully,

b789
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on May 31, 2025, 01:10:46 pm
It's absolutely hilarious, but the IAS would not even recognize the parking charge, probably due to smart parking switching to IAS midway
(https://i.imgur.com/spkX773.png)
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: DWMB2 on May 31, 2025, 08:08:51 am
Quote
will be interesting to see if they start using Gladstone rather than DCB Legal
I've seen them issue a couple of Letter of Claims using BW Legal recently.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: b789 on May 31, 2025, 04:54:37 am
No one will pay a penny to (not so) Smart Parking. It will be interesting to see if they start using Gladstone rather than DCB Legal as their bulk litigation company of choice. Both are equally incompetent.

I certainly won’t be recommending anyone try using the IAS to appeal.

However, I’m still researching use of the CMA and the DMCC Act 2024 to start putting real pressure on these anti-consumer companies that operate close to or over the edge of lawulnesss.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: jfollows on May 30, 2025, 06:06:03 pm

I need to do a bit more research on this situation.

Thank you.
I had a similar thought.
Bottom line is that they’ll lose, but it would be easier for everyone - especially the original poster - if it were thanks to POPLA rather than in court.

Smart seem to be a thoroughly nasty company, and that’s in comparison to their peers who aren’t angels either.

In this particular case, which is a “slam dunk” in favour of the original poster, I’d be interested to see whether the IAS comes to the same conclusion or not, for sure.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: DWMB2 on May 30, 2025, 06:03:30 pm
Quote
I need to do a bit more research on this situation
Happy to lend a hand with that. Off the top of my head I can't think of any examples where a company has jumped ship between an appeal being made and the operator responding!
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: b789 on May 30, 2025, 06:01:32 pm
The right to a POPLA hearing must be honoured. (not so) Smart Parking was bound by the BPA Code of Practice at the time the NtK was issued.

The NtK forms part of the consumer contract. It creates a legitimate expectation of an appeal route via POPLA. Withholding the stated appeal route could be seen as:

• A misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).
• A breach of the Consumer Rights Act 2015 (failure to act fairly or in accordance with agreed terms).
• Unfair practice under Schedule 1 of the CPRs if it causes detriment to the consumer's ability to contest the charge.

Should this ever reach a court hearing (highly unlikely),a judge may find that the operator’s failure to honour the BPA appeals process is procedurally unfair and unreasonable. This would likely support a finding of unreasonable behaviour if litigation is pursued (especially under CPR 27.14(2)(g)), forming a basis for a costs application.

I need to do a bit more research on this situation.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: DWMB2 on May 30, 2025, 04:47:32 pm
Frankly if I were an unscrupulous parking firm I'd use the IPC - you can essentially do what you like and still have nearly all your charges upheld at the IAS.

As above. The IAS are largely useless. The very small number of successful appeals I've seen have been on 'longer than 14 day' cases like yours, so it could be worth a roll of the dice, as long as you go into it knowing you've very little chance of success with the IAS (but a much stronger chance of success at court).
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: jfollows on May 30, 2025, 04:24:24 pm
It’s interesting- to me - that Smart has abandoned the BPA.

Given that their recent history has been one of telling fibs about their compliance with PoFA, they’re probably now fed up of having their lies undone by POPLA, and hope that the IAS will not do the same given that they only uphold 4% of appeals.

It might be more of a pain for you, but ultimately they don’t have a chance in court, so you could still appeal to the IAS if you can be bothered to see what happens, and if they don’t agree with you just wait for Smart to take you to court and lose.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on May 30, 2025, 03:36:17 pm
Hi all,

First of all I'd like to thank everyone who has provided their input and advice on this matter, I greatly appreciate it!
Today I received a reply from Smart Parking. As expected, the appeal was declined, however no POPLA code was issued. Additionally, the letter suggests appealing the charge through IAS (theias.org). The reply letter now stated at the bottom right of the screen that Smart Parking is IPC Accredited Operator rather than BPA Approved Operator as it was in the original NTK letter. I also couldn't find Smart Parking on the Checking the list of BPA Approved Operators for this month (https://www.britishparking.co.uk/BPA-Approved-Operators), even though when checked previously the company was present on the list. Looking forward to hearing your thoughts. Thank you!
(https://i.imgur.com/Kojk9FF.png)
(https://i.imgur.com/y4kbQ21.png)
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: b789 on May 18, 2025, 05:18:59 pm
+2

OP, stop trying to overthink this. Use the provided appeal and don't try to edit or alter it.

Also, as (not so) Smart have breached the PPSCoP, they have also breached their KADOE contract with the DVLA and are therefore using your data unlawfully. You should file a formal complaint to the DVLA. Please don't try to overthink this either. Just do it as it leaves a paper trail for future DVLA sanctions against this rogue operator.

Here’s how to make a DVLA complaint:

• Go to: https://contact.dvla.gov.uk/complaints
• Select: “Making a complaint or compliment about the Vehicles service you have received”
• Enter your personal details, contact details, and vehicle details
• Use the text box to summarise your complaint or insert a covering note
• You will then be able to upload a file (up to 19.5 MB) — this can be your full complaint or supporting evidence
That’s it.

The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.

For the text part of the complaint the webform could use the following:

Quote
I am submitting a formal complaint against Smart Parking Ltd, a BPA Accredited Operator Scheme member with DVLA KADOE access, for breaching the BPA/IPC Private Parking Single Code of Practice (PPSCoP) after obtaining my personal data.

While Smart Parking may have had reasonable cause at the time of their KADOE request, their subsequent misuse of my data—through conduct that contravenes the PPSCoP—renders that use unlawful. The PPSCoP forms an integral part of the DVLA’s governance framework for data access by private parking firms. Continued access is conditional on compliance.

The DVLA, as data controller, is obliged under UK GDPR and the Data Protection Act 2018 to investigate and take enforcement action when data is misused following release. This complaint is not about whether the data was obtained lawfully at the outset, but whether its subsequent use breached the terms under which it was provided.

I have prepared a supporting statement setting out the nature of the breach and the Operator’s actions, and I request a full investigation into this matter. I have attached the supporting document.

Please acknowledge receipt and confirm the reference number for this complaint.

Then you could upload the following as a PDF file for the formal complaint itself:

Quote
SUPPORTING STATEMENT

Complaint to DVLA – Breach of KADOE Contract and PPSCoP

Operator name: Smart Parking Ltd
Date of PCN issue: 12/05/2025
Vehicle registration: [INSERT VRM]

I am submitting this complaint to report a misuse of my personal data by Smart Parking Ltd, who obtained my keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.

Although Smart Parking may have had reasonable cause to request my data initially, their subsequent use of that data is unlawful due to a serious breach of the BPA/IPC Private Parking Single Code of Practice (PPSCoP). This Code forms part of the regulatory framework that governs the use of DVLA data by private parking firms.

The KADOE contract clearly states that data must only be used to pursue an unpaid parking charge in accordance with the applicable Code of Practice. Where the Code is breached, any continued use of keeper data ceases to be lawful.

In this case, Smart Parking Ltd breached Section 8.1.1(d) of the PPSCoP, which states:

"The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable."

Smart Parking issued a Notice to Keeper dated 12/05/2025 for an alleged contravention on 27/04/2025. This notice was deemed delivered (given) on 14/05/2025, beyond the 14-day relevant period set by PoFA Schedule 4, Paragraph 9(4)(b). Despite this, the notice falsely asserted that the Keeper is liable under PoFA 2012, referencing Paragraph 9(2)(b). This is misleading and in direct violation of the PPSCoP.

By falsely invoking PoFA to assert Keeper liability where it does not apply, Smart Parking have unlawfully processed my personal data for a purpose outside the bounds of both the KADOE contract and the DVLA’s data governance framework. This is not a minor or technical error — it represents a deliberate or negligent failure to comply with the standards required for continued access to DVLA data.

I am therefore requesting that the DVLA investigate this serious breach, and take appropriate enforcement action, which may include:

• Confirming that a breach has occurred
• Requiring corrective action or sanctioning the operator
• Suspending or revoking KADOE access if appropriate

I have retained a copy of the NtK as evidence and am happy to provide further information upon request.

Name: [INSERT YOUR NAME]
Date: [INSERT DATE]
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: H C Andersen on May 18, 2025, 04:26:29 pm
+1.

The draft is waffle. For goodness sake, they've already opened the door for you if you'd care to look.

PCN Information
You are advised that........

..This Notice is given to you under paragraph 9(2)((f) [ so you telling them about a NTD is rather unnecessary!] ..and is subject to us complying with the applicable conditions under Schedule 4.


I refer to the PCN, in particular para.3 of the section headed PCN Information, and thank you for stating that your right to hold the keeper liable is subject to you 'complying with ....'.

As you will know, one of these applicable conditions is that:

(4) The notice [to Keeper] 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.


This PCN was in respect of a specified period of parking which occurred on ****.
The PCN was posted 15 days later (12 May) and presumed served on 14th, an elapsed period of 17 days.

Self-evidently you have not complied with para. 9(4)(b) therefore you are not able to hold the keeper liable. I look forward to receiving your confirmation.



Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: DWMB2 on May 18, 2025, 04:07:42 pm
The point around a notice to driver is an unnecessary addition. All it does is add length without adding substance.
I once asked ChatGPT how many time the letter 'r' appears in the word 'strawberry'. This was its response:

(https://i.imgur.com/cCPEYIQ.png)

I'm not sure I'd use it to draft legal points for me.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on May 18, 2025, 03:39:13 pm
Thanks for sharing the template, used it for the appeal. Much appreciated!
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on May 18, 2025, 03:27:45 pm
Here's an appeal you can use as the keeper:
Makes sense, thanks a lot!
Also tried to use GPT and I think there could be an important point reflected in generated appeal about no Notice to Driver received:

I am the registered keeper of vehicle [registration number] and I am writing to appeal the above-referenced Parking Charge Notice.

The Parking Charge Notice alleges a parking event on 27 April 2025, and the Notice to Keeper is dated 12 May 2025. As no Notice to Driver has been received by the registered keeper, and there is no indication that one was served, Smart Parking must comply with Paragraph 9 of Schedule 4 of the Protection of Freedoms Act 2012 (“PoFA”) to hold the registered keeper liable.

Paragraph 9(5) requires that a Notice to Keeper be delivered within 14 days of the date of the alleged contravention. Paragraph 9(6) of Schedule 4 states:

“A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so ‘given’ for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted.”

A notice posted on 12 May 2025 is presumed to have been delivered on 14 May 2025, which is 17 days after the alleged parking event. This is clearly outside the 14-day time limit required by PoFA.

Accordingly, as the statutory requirements for keeper liability have not been met, I cannot be held liable for this charge. I request that this Parking Charge Notice be cancelled.

Should you choose not to cancel the charge, please issue a POPLA code so I may escalate the matter to independent appeal.


Sorry if I'm missing something as it's the first time I'm trying to wrap my head around the law surrounding PPCs, but let me know what you think about it! To me the generated text seems a little too detailed given Smart Parking will reject the appeal anyway.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: DWMB2 on May 18, 2025, 03:19:10 pm
Here's an appeal you can use as the keeper:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ____) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge.  I note from your correspondence that you claim to be able to hold me liable under Schedule 4 of the Protection of Freedoms Act 2012 ("the Act"), but this is not true. You have failed to deliver the notice within the relevant period of 14 days as required by paragraph 9(4) of the Act.

Date of parking: 27/04/25
Date of issue: 12/05/25
Date of presumed service under 9(6) of the Act: 14/05/25
Days elapsed: 17 days

I am appealing as the registered keeper. There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

Appeal as the keeper only, select "Other" as the appeal reason on the website. Keep an eye on your spam folder for their response.

It'll be interesting to see what their response is... Their recent trick has been to (falsely) claim that simply issuing the notice within 14 days is sufficient (it isn't), but here they haven't even issued it within 14 days.

You should also complain to them and DVLA about this conduct... I'll dig out some wording you can use later.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: jfollows on May 18, 2025, 02:39:02 pm
Appeal on the basis of the late service of the NtK
Thank you! Didn't realize they had only up to 14 days to inform the registered keeper.
https://www.legislation.gov.uk/ukpga/2012/9/contents
If they want to transfer liability from the (unknown) driver to the registered keeper.
The legislation replaced the ability of people to clamp cars and demand money, in return for which they can pursue the registered keeper as long as they comply with the legislation.
NtK presumed delivered 14/5, two business days after its submission. Well over 14 days later than 27/4.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on May 18, 2025, 02:36:15 pm
Appeal on the basis of the late service of the NtK
Thank you! Didn't realize they had only up to 14 days to inform the registered keeper.
Title: Re: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: jfollows on May 18, 2025, 02:16:29 pm
No.
The Notice to Keeper was issued too late to be able to hold the keeper liable in place of the driver.
Do not identify the driver.
Appeal on the basis of the late service of the NtK (examples here) and although the appeal will be rejected, use the POPLA code which will be provided to get the invoice cancelled.

The template appeal you have posted is basically pants. Don’t use it.

Smart is especially incompetent in frequently being unable to serve its NtKs in time, but does so anyway knowing that a good percentage of recipients pay up anyway. Smart also makes unjustified claims that it complies with the legislation when it clearly does not do. Expect any of this sort of nonsense in response.
Title: Smart Parking PCN – No Payment – Hotel/Restaurant Car Park
Post by: WaffleJet on May 18, 2025, 02:03:36 pm
Hello all,

I’ve received a Notice to Keeper (NTK) from Smart Parking (BPA member), relating to an alleged parking contravention in a car park designated for hotel and restaurant guests. I’m posting here to understand the strength of my case before appealing to the parking company or POPLA. The Situation:
I believe the signage failed to adequately inform the driver of any contractual obligation or potential charges. There was nothing that obviously stated entering the area alone would be considered as acceptance of contract terms, or that there would be charges for non-compliance.

My Questions:
I’ve attached:

Thanks in advance for your help and advice.