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Live cases legal advice => Private parking tickets => Topic started by: Jwebz on August 04, 2025, 02:08:09 pm

Title: Re: Smart Parking Fine - Letter of Claim
Post by: b789 on August 04, 2025, 05:31:18 pm
Has the identity of the driver been blabbed? The Keeper must only refer to the driver in the third person. (not so) Smart Parking PCNs are never PoFA complaint and there can be no Keeper liability. They have no idea who there driver is unless the Keeper blabs it, inadvertently or otherwise.

Please show us the Letter of Claim (LoC).
Title: Re: Smart Parking Fine - Letter of Claim
Post by: Jwebz on August 04, 2025, 02:45:05 pm
Apologies, I will see if I can dig out the original PCN once back at home.
Being honest I am pretty sure I would have said something along the line 'I went to pay via contactless' 'I bought an item of clothing to get change' etc etc
Title: Re: Smart Parking Fine - Letter of Claim
Post by: jfollows on August 04, 2025, 02:28:26 pm
That’s a response to your appeal, not the original PCN.

Smart often fails in its PCNs to be able to hold the registered keeper liable for the actions of the driver, provided the driver is not identified in the appeal. Without the original PCN and the text of the appeal, this avenue of defence is no longer available.

If you tell us that you identified the driver in your appeal, if you said “I did this” and “I did that” in it rather than “The driver did this” then we’ll forget about this angle.
Title: Re: Smart Parking Fine - Letter of Claim
Post by: Jwebz on August 04, 2025, 02:21:17 pm
Copy of original PCN attached.

I do not have a copy of my original appeal, it was submitted online.

[attachment deleted by admin]
Title: Re: Smart Parking Fine - Letter of Claim
Post by: jfollows on August 04, 2025, 02:12:08 pm
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Copies of correspondence including original PCN and exact text of your appeal in particular. Otherwise we’re just guessing.
Title: Smart Parking Fine - Letter of Claim
Post by: Jwebz on August 04, 2025, 02:08:09 pm
Hello all,

After a little advise please as just received letter of claim which is dated 25th July 2025.

Summary:

Date parked 5th Sept 2020 - Smart Parking Havens Bank Retail Park Exeter

Entered car park @ 11:48am
Contactless payment facility wasnt working so popped into a shop to buy an item to get change to allow payment
Paid for ticket @ 12:02am (4 hour stay)
Got back to car within the 4 hours from the time stated on ticket - existed the car park @ 16:06

I appealed at the time without success.

Not sure what to do next.

Thanks in advance and look forward to hearing from you.

Kind regards,

J