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Messages - insatiable

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1
Private parking tickets / Re: Smart Parking Notice
« on: July 22, 2025, 10:38:26 am »

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) due to paid for insufficient time.

Assessor summary of your case

The appellant has provided a detailed account surrounding the parking event in question. For the purpose of my report, I have summarised the grounds raised into the points below.
• No keeper liability. The PCN does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act. (PoFA).
• They refer to section 8.1.1 (d) of the Single Code of Practice (The Code). The appellant has provided
1. A word document with their grounds of appeal which is summarised above. After reviewing the operator’s evidence, the appellant expands on their grounds regarding the PCN not being PoFA compliant. All of the above has been considered in making my determination.

Assessor supporting rational for decision

I am allowing this appeal and will detail my reasoning below: By issuing a PCN the parking operator has implied that the terms and conditions of the private land have not been met. When an appeal is brought to POPLA, the burden of proof begins with the parking operator to demonstrate the breach they claim has occurred. I must therefore assess the terms and conditions of the site, any relevant code of practice, or legislation to determine if the PCN has been issued correctly. In this case the operator has issued the PCN for paid for insufficient time. The appellant says that the PCN is not PoFA compliant. The appellant says that it was issued on 28 April 2025, that the deemed date is 30 April 2025 which is 16 days after the alleged parking event on 14 April 2025. I have reviewed the copy of the PCN provided by the operator. I note that it shows that the parking event took place on 14 April 2025 and that it was issued on 28 April 2025. Under PoFA 9(6), a notice sent by post is deemed “given” on the second working day after posting – in this case, 30th April 2025. Parking operators must follow certain rules including issuing a PCN to be received within the required timescale. In this case, the parking operator has issued the PCN 2 days outside of the timeframe. Therefore, the parking operator has failed to transfer the liability onto the registered keeper. I note the appellant has raised other issues as grounds for appeal, however, as I have decided to allow the appeal for the reason above, I did not feel they required further consideration.

2
Private parking tickets / Re: Smart Parking Notice
« on: July 21, 2025, 05:01:33 pm »
FYI just as feedback on this, POPLA came back and my appeal of the PCN was successful.

Thanks to all that helped.

3
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 07:15:28 pm »
They have put it in their response. I didn't upload it here as it was the original stuff I had already uploaded but was in a combined pdf so it would need anonymising to upload. Again, sorry, I didn't make that clear.

They uploaded two documents. The one I shared here and another one which included the original PCN / NtK.

Hope this all makes sense.

4
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 07:06:38 pm »
Yes I meant SAR 👍

5
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 07:05:21 pm »
Sorry I don't know what you mean? I haven't removed anything. I could only see an option to upload one document so I uploaded the PDF appeal.

Smart have uploaded the original PCN so I have referenced that in my reply.

6
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 06:21:33 pm »
Hi, sorry I'm out right now, but Smart Parking have included the original NtK with their evidence. Which has the dates on. Which in turn gives us all we need, I believe?

That's why I highlighted them in my reply and referred to the 'operator's documents'. Accept that might not be clear here, sorry.

It's funny about the differing dates. I'm tempted to do the FOI request just to see what actually happened.

I'll review again when I get home, but thanks all for your input. How does this site get supported? It and you guys are gold dust!


7
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 04:09:26 pm »
Thanks both. Reworded as below:
Quote
Smart Parking EW’s response fails to adequately rebut the grounds of my appeal. Much of their response is irrelevant, and those sections that are relevant misrepresent both the law and the circumstances of this case.

As shown in the operator documents, the copy of the PCN provides the relevant dates as follows:

Date of Contravention = 14/04/2025

Date Issued = 28/04/2025

In their responses (excerpts below), Smart Parking EW state when keeper details are received from the DVLA, which is irrelevant.
 
- Letter dated May 19th, included in the Operator evidence “the registered keeper details were received on 24.04.2025, after which the Parking Charge (PC) was promptly issued”
- POPLA appeal received on May 22nd. “the registered keeper details were received on 23/04/2025, after which the PC was promptly issued within the 14 days required under POFA 2012”

Smart Parking EW are also incorrect to say that PoFA requires a notice to be issued within 14 days. As already outlined in my appeal, PoFA requires a notice to be delivered within 14 days. The date of presumed delivery, as per 9(6) of PoFA, is 2 working days after the date of issue. As clearly seen in Smart Parking EW's own evidence, the PCN was issued on 28/04/2025, and is therefore presumed delivered 2 working days later. This means it was delivered on 30/04/2025, 16 days after the incident, and therefore not within the 14 days required by PoFA.

8
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 01:36:19 pm »
Thanks, that was already done in the original POPLA appeal, but you think I should do it again - basically reiterating the original appeal?

I understand that the arrival date is not relevant. Although I still find it bewildering. As in, you could easily make a process to printout a PCN Issue date of today minus X working days.

9
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 01:18:39 pm »
What do you think to this response? Any comments welcome.

Quote
As shown in the operator documents, the copy of the PCN provides the relevant dates as: Date of Contravention of 14/04/2025 and Date Issued as 28/04/2025.

Adding on 2 days expected for delivery = 30/04/2025.

This is 16 days and outside of the 14 day window allowed.

Further to this, Smart Parking EW are deliberately providing other dates without highlighting the date on which the PC was sent. Detailed below:

- Letter dated May 19th, included in the Operator evidence “the registered keeper details were received on 24.04.2025, after which the Parking Charge (PC) was promptly issued”
- POPLA appeal received on May 22nd. “the registered keeper details were received on 23/04/2025, after which the PC was promptly issued within the 14 days required under POFA 2012”

The PC arrived at the intended address on May 7th. Nine days after the alleged PC issue date.

10
Private parking tickets / Re: Smart Parking Notice
« on: May 22, 2025, 12:07:44 pm »
Smart Parking have replied to the POPLA appeal. I attached the anonymised document. Noticed they have not mentioned at all the date on which the PCN was sent - which is the key element. The only mention the date of alleged offence and the date on which they received the driver details. 14/04 and 23/04. Although this second date was 24/04 on their original response to me.

For clarity.

Original dates
  • 14/04 alleged offence
  • 28/04 date of PCN issue

Dates Smart Parking are now talking about with POPLA
  • 14/04 alleged offence
  • 23/04 "after which the PC was promptly issued

They have, however uploaded the PCN, which shows the original dates. Should I just re-point out the dates shown on the PCN and the 2 days delivery requirement?

[ Guests cannot view attachments ]

11
Private parking tickets / Re: Smart Parking Notice
« on: May 20, 2025, 12:03:01 pm »
All 3 have been done now, thank you.

12
Private parking tickets / Re: Smart Parking Notice
« on: May 19, 2025, 08:43:57 pm »
Will do. Thanks

13
Private parking tickets / Re: Smart Parking Notice
« on: May 19, 2025, 08:35:05 pm »
Not yet, no. I can do both tomorrow morning if you think that's the route to take.

14
Private parking tickets / Re: Smart Parking Notice
« on: May 19, 2025, 04:39:09 pm »
It looks like they have sent the POPLA ref number

Quote
Failure to provide these details, will result in Smart Parking using the provisions under POFA, 2012 to
pursue you, the registered keeper, for the outstanding balance of the PC.
We can confirm that the contravention of insufficient paid time occurred as our payment system confirms
that no payment was made for your vehicle registration, for the 20 minutes the vehicle remained on site.
Please be advised that as detailed on the car park signage when visiting this site, all motorists must
purchase a valid ticket by entering the full and correct vehicle registration mark into the payment
machine/ an alternate payment method, ensuring a payment is made for the full required stay duration.
Subsequently, as you have failed to pay for your visit you have breached the advertised Terms and
Conditions and as a result we can confirm that we have no option but to uphold the PC. The Terms and
Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
We wish to inform that the car park in question is operated by ANPR cameras which capture images of
your vehicle entering and exiting the site, which subsequently calculates your total stay duration. This
information is then paired with the information entered into the payment machine/alternate payment
option, to ensure the correct payment has been made against the full and correct vehicle registration
for the total duration the vehicle is on site - this is calculated from the time of entrance to the time of
exit.
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 8511XXXXXX. 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.

15
Private parking tickets / Re: Smart Parking Notice
« on: May 19, 2025, 04:01:16 pm »
I have received this back::


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 04/06/2025.
As you were informed in our initial correspondence, we can confirm that the above parking charge was
issued under the Protection of Freedoms Act 2012 (POFA 2012). The parking contravention occurred
on 14.04.2025, the registered keeper details were received on 24.04.2025, after which the Parking
Charge (PC) was promptly issued within the 14 days required under POFA 2012. You were also invited
to provided us with the driver’s full name and current postal address, if you were not the driver at the
time of the parking event.
If you wish to provided driver details please send them via email to:

COD@smartparking.com

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.
Failure to provide these details, will result in Smart Parking using the provisions under POFA, 2012 to
pursue you, the registered keeper, for the outstanding balance of the PC.

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