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Messages - WaffleJet

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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.



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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.

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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.




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It's absolutely hilarious, but the IAS would not even recognize the parking charge, probably due to smart parking switching to IAS midway

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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!


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Thanks for sharing the template, used it for the appeal. Much appreciated!

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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.

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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.

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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:
  • The driver entered the car park and stayed for 19 minutes.
  • No payment was made by the driver.
  • The driver was not a guest of the hotel or restaurant.
  • From what I understand, the signage was unclear in establishing that by entering the car park, the driver was entering into a contract and that failure to comply could result in a charge.
  • As the registered keeper, I received a NTK through the post dated 12/05/2025.
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:
  • Do I have a strong enough case to appeal to Smart Parking (initial appeal), and potentially POPLA if rejected?
  • Would sending the Parking Cowboys NTK template be suitable as a first step, or should I customise the appeal with my specific points about unclear signage?
I’ve attached:
  • Photos of NTK.
  • Photos of signage at the car park (entrance and interior).
  • A link to the car park on Google Street View: link.
  • A screenshot of Parking Cowboys Template:

Thanks in advance for your help and advice.


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