Show Posts
1
Private parking tickets / Smart Parking PCN SP5982520A - Media Square Oldham - POFA + Grace Period Appeal
« on: May 22, 2026, 12:22:44 pm »
Good afternoon, this is my appeal to the smart parking service, which has been rejected.
I have uploaded of the rejection as well below, any help in navigating this would be greatly appreciated. Thank you.
Dear Sir/Madam,
I am the registered keeper of the above vehicle and I am writing to formally appeal the Parking Charge Notice.
1. Non-compliance with Protection of Freedoms Act 2012 (POFA)
The Notice to Keeper was issued on 29/04/2026 for an alleged contravention on 12/04/2026. This is outside the strict 14-day period required by Schedule 4 of the Protection of Freedoms Act 2012. As the operator has failed to comply with the conditions for transferring liability to the keeper, I am not liable for this charge and I will not be naming the driver.
2. Payment was made
A valid parking session was purchased at approximately 10:30 for one hour on the day in question. I have emailed attached proof of this payment for your records.
Your ANPR system records the total time the vehicle was on site (entry at 10:28 to exit at 11:45), which includes the time taken to drive in, find a parking space, and later exit the car park. The actual overstay beyond the paid period was only around 15 minutes.
3. Grace period
This short overstay falls comfortably within the mandatory minimum 10-minute grace period that must be allowed under the British Parking Association Code of Practice (and the relevant Private Parking Code), plus reasonable additional time to leave the site.
Given that payment was made and the timings are fully explainable, this charge is not justified and should be cancelled.
Should you reject this appeal, please provide a valid POPLA verification code so the matter can be referred to the independent adjudicator.
I look forward to your confirmation that the Parking Charge has been cancelled.
Rejection of appeal :
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 10/06/2026.
Having noted your comments, we are satisfied that the Parking Charge has been issued correctly and
your appeal is rejected.
We can confirm that the Parking Charge was issued due to insufficient paid time. Our payment system
shows that 60 minutes was purchased against vehicle registration ML09HRC however, your vehicle
remained on site for a total of 77 minutes. Additional time can be purchased at any point during your
stay, before exiting the car park. As your vehicle was parked in excess of the parking time purchased,
the advertised terms and conditions have been breached.
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 IAS – you cannot do both.
The Appellant has the right to appeal to an Independent Appeals Service, (IAS) using the instructions
below. Please note, should you decide to appeal to the IAS, 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.
If the appellant decides to appeal to the IAS, they will need to visit the website, https://www.theias.org/
where further details of how to appeal can be found. The appellant has 28 days from the date of this
letter to submit an appeal to IAS.
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 t
I have uploaded of the rejection as well below, any help in navigating this would be greatly appreciated. Thank you.
Dear Sir/Madam,
I am the registered keeper of the above vehicle and I am writing to formally appeal the Parking Charge Notice.
1. Non-compliance with Protection of Freedoms Act 2012 (POFA)
The Notice to Keeper was issued on 29/04/2026 for an alleged contravention on 12/04/2026. This is outside the strict 14-day period required by Schedule 4 of the Protection of Freedoms Act 2012. As the operator has failed to comply with the conditions for transferring liability to the keeper, I am not liable for this charge and I will not be naming the driver.
2. Payment was made
A valid parking session was purchased at approximately 10:30 for one hour on the day in question. I have emailed attached proof of this payment for your records.
Your ANPR system records the total time the vehicle was on site (entry at 10:28 to exit at 11:45), which includes the time taken to drive in, find a parking space, and later exit the car park. The actual overstay beyond the paid period was only around 15 minutes.
3. Grace period
This short overstay falls comfortably within the mandatory minimum 10-minute grace period that must be allowed under the British Parking Association Code of Practice (and the relevant Private Parking Code), plus reasonable additional time to leave the site.
Given that payment was made and the timings are fully explainable, this charge is not justified and should be cancelled.
Should you reject this appeal, please provide a valid POPLA verification code so the matter can be referred to the independent adjudicator.
I look forward to your confirmation that the Parking Charge has been cancelled.
Rejection of appeal :
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 10/06/2026.
Having noted your comments, we are satisfied that the Parking Charge has been issued correctly and
your appeal is rejected.
We can confirm that the Parking Charge was issued due to insufficient paid time. Our payment system
shows that 60 minutes was purchased against vehicle registration ML09HRC however, your vehicle
remained on site for a total of 77 minutes. Additional time can be purchased at any point during your
stay, before exiting the car park. As your vehicle was parked in excess of the parking time purchased,
the advertised terms and conditions have been breached.
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 IAS – you cannot do both.
The Appellant has the right to appeal to an Independent Appeals Service, (IAS) using the instructions
below. Please note, should you decide to appeal to the IAS, 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.
If the appellant decides to appeal to the IAS, they will need to visit the website, https://www.theias.org/
where further details of how to appeal can be found. The appellant has 28 days from the date of this
letter to submit an appeal to IAS.
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 t