Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: JimmyJ on February 12, 2026, 08:36:55 am
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Make sure you don't name who was driving at the time, no 'I", "we", "us". Just "the driver".
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Oh yeah 100% anything Official I will use her name. Just so far it's been in mine as they don't know who they are talking about yet.
Plus I want to see if they actually reply or not. So far, nothing
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But also, I might add, the reason I do the emails is that English is not my wifes first language, so it's easier for me to do all correspondence.
I appreciate that, my point is just to make sure you're aware that if this proceeds to a court claim (which, with Smart Parking, is a fair possibility), then all court submissions/correspondence etc. will need to be in your wife's name, as she will be the defendant.
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I haven't mentioned wife or me , I just used the term we, which could refer to me or anyone tbh. As I lodged the complaint with them, they , i'd assume , would be obliged to reply to me. In fact, reviewing the email I sent, it infers I am the one fined and keeper, therefore with not reference to the letter or any reference numbers, they must ask me for that first, so far they haven't replied at all.
If they wished to rectify the issue with the "appeal / lower fine amount" they'd ask for the PCN.
The email was deliberately vague tbh, I just want initial contact. If they don't respond.
But also, I might add, the reason I do the emails is that English is not my wifes first language, so it's easier for me to do all correspondence.
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Welcome to FTLA.
A quick preliminary matter, which may sound pedantic, but isn't - from a legal perspective there is no "we" in this case. If your wife was the registered keeper of the vehicle at the time, and the letter(s) are addressed to her, then the dispute is between her and Smart, so anything formal will need to be done in her name. I mention this now at the start because we've seen cases where people are trying to help a friend/relative, and end up inadvertently making things worse by submitting court defences in their own name etc.
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You can send a complaint to Smart, which they are required to treat as an appeal. Something along the lines of disputing their charge as the reg keeper and they have not delivered a Notice to Keeper as required by POFA to transfer liability. Don't identify the driver. You can request that they send on the original PCN with proof of posting. They will most likely reject the appeal without really reading it, and they look to be IPC so secondary appeal will be to IAS (which will also most likely reject it).
After that you are waiting out the debt collectors letters and the court claim, which is often discontinued as long as you defend it.
If you are a genuine customer, then going via the retailer might yield a cancellation, but it's often difficult on a multi store retail park. Where was it?
It's not a fine, BTW, but a speculative invoice for alleged breach of contract.
If you get the original PCN post it up, there may be flaws that mean there is an easy defence.
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Hi all,
So my wife has received a Final Reminder from Smart Parking Ltd, demanding £145 and stating we ignored the initial letter. Well the fact is we never received the initial letter, it never arrived at the same address the Final Reminder did.
So far i've done two things, one requested the formal complaints procedure for the shopping retail park, and i've tried to contact Smart Parking for their formal complaints procedure.
No names other than my own have been given to SP.
Now surely they've removed the right to appeal and the right to pay the initial lower fine, that must be a breach of their own procedure, and obviously I am not paying the elevated fine because this is a tactic, from what I am reading on other sites, Smart Parking use.
Also, there is a caveat, the car that would have been caught, we no longer have. lol but I am sure they would trace it via the DVLA. We part ex'd it a few weeks back.
They are threatening court action if we ignore the letter etc, which I was expecting etc, but any guidance to how their lack of care can be used against them would be appreciated.
I find it absolutely disgusting that in a big shopping area, where there are god knows how many shops, my wife went there to do all the Christmas shopping , and went over the "free" allowance, which I also find disgusting as that centre always used to be free, we don't go there from year to year, now has this vile smart parking system in place, and she gets this treatment. Can't enjoy anything at your own pace anymore.
Anyway, thanks in advance.