Free Traffic Legal Advice

Many thanks, I have sent the complaint as advised and will let you know the outcome.

I have had the following response from them:

Dear Miss ?
Parking Charge:
Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the Parking Charge (PC) as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. As your appeal was received within the initial discount period, we have extended the discount period until 10/03/2025.
We can confirm that the above parking charge was issued under Protection of Freedoms Act 2012 (POFA 2012). The parking contravention occurred on 24.01.2025, the registered keeper details were received on 31.01.2025, after which the PC was promptly issued within the 14 days required under POFA 2012. If you were not the driver at the time of the parking event, please provide us with the driver’s full name and current postal address using the contact details below. In the event that you fail to provide these details, we will use the provisions under POFA, 2012, and continue to pursue you the registered keeper, for the outstanding balance.
We note the comments made within your appeal however, we cannot rescind the Parking Charge on this basis. When using the car park in question you must adhere to the advertised Terms and Conditions, and it is the responsibility of the driver to ensure they acknowledge the signage upon entering the site. We can confirm that there is signage on entrance to, and around the car park grounds. All signage is BPA approved and compliant with The Private Parking Single Code of Practice.
All signs on site are compliant with the British Parking Association (BPA) and The Private Parking Sector Single Code of Practice June 2024. Signs and Surface markings must be designed, applied and maintained in such a way as to be visible, legible and unambiguous to drivers. Clause 3.1.1, of the single code states that “An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited, unless: subject to terms and conditions, including payment, or is prohibited”. It also states in clause 3.1.3 a) that signs must be placed within the controlled land, such that drivers have the chance to read them at the time of parking or leaving their vehicle. There are several signs situated around the car park that advise of the tariff, terms and conditions, we can confirm all signage on site is BPA approved, and compliant with The Private Parking Single Code of Practice. Please be aware all signs are set to a standardised height, regulations and written in clearly and intelligible language. There is no ambiguous language or jargon on any of the Smart Parking signs at this site.
The car park is sited on private land, and the owners allow access to the public, with use subject to the Terms and Conditions of parking, which are advertised on signs situated around the site. The PC’s are enforceable under Contract Law; upon entering and remaining upon the car park you agree to the terms and conditions which are clearly stated on the signage. Your vehicle was parked in breach of these terms and conditions therefore we must advise the PC was correctly issued and remains outstanding.
We would like to advise that the site in question has a process in place whereby authorised individuals can report vehicle registration marks (VRMs) that they wish to be made exempt from the advertised terms, conditions and parking restrictions. Having thoroughly reviewed our records we can confirm that we have not received any correspondence from the site/an authorised individual regarding your vehicle, therefore your vehicle was not authorised to remain on site as stated on the advertised Terms and Conditions.
We can confirm that the contravention of unauthorised parking occurred as your vehicle remained on site for 38 minutes. We can confirm that this PC has been issued correctly and we have made the decision to uphold the parking charge. The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
You have now reached the end of our internal appeals procedure and therefore you now have two options, you can pay or appeal further with POPLA – you cannot do both.
The Appellant has the right to appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA Verification Number provided below. Please note, should you decide to appeal to POPLA and your appeal is subsequently rejected, the option to pay a discounted amount will no longer be available and the full amount of the PC will be due.
The verification number you will need to appeal is ?. If the appellant decides to appeal to POPLA, they will need to visit the website, www.popla.co.uk where further details of how to appeal (either online or by downloading the relevant forms) can be found. If the appellant is unable to access the website, please contact us for further information on how to obtain the forms. Please ensure that the POPLA Verification Number as noted above is quoted in all correspondence to POPLA. The appellant has 28 days from the date of this letter to submit an appeal to POPLA.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
Alternatively, your 3 payment options are:
• By Post: Please send a cheque or postal order (payable to Smart Parking Ltd) to Smart Parking Ltd, Unit 43, Elmdon Trading Estate, Bickenhill Lane, Marston Green, Birmingham B37 7HE.
• By Web: To make a payment online with a debit or credit card, please visit www.smartparking.com and have your Parking Charge number to hand.
• By Phone: Pay via our 24 hour automated telephone payment service on 0330 057 6230. Please have your Parking Charge number to hand. Please note that calls to this number cost up to 7p per minute, plus your phone company’s access charge.
Yours sincerely,
Smart Parking Limited

Many thanks for this.
When they ask the reason for appeal I assume I use the " I was not the driver of the vehicle on the date of contravention "tab but then obviously not give them the drivers details.

Hi,
As the registered keeper of the vehicle I received a Parking Charge Notification from Smart Parking.
The car park in question has recently installed a new parking system and the driver was unaware of the charges.
At this point I am not sure who the driver was although with some digging I could possibly find out.
Do I have to pay the charge or give them details of the driver?
If not how do I respond\appeal ?
Any help would be greatly appreciated.


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