Received this penalty notice. I thought I had paid the massive £1 to park - clearly I didn't. So now they want £60 for 20 minutes
I note they have mentioned the PoFA 2012 element. Is there anything I can do here?
Images attached.
Thanks for any help!
[ Guests cannot view attachments ]
They might refer to the Protection of Freedoms Act, but they've not complied with it! One of the requirements is to deliver a notice within 14 days. They sent theirs on day 14, and it is presumed delivered 2 working days later, too late to hold the keeper liable!
Are you the registered keeper of the vehicle? If so, appeal online as the keeper only (choosing 'other' under reason for appeal) with the below:
Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you claim to be able to hold me liable under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"), but this is not true. You have failed to deliver the notice within the relevant period of 14 days as required by paragraph 9(4) of the Act.
Date of parking: 14/04/25
Date of issue: 28/04/25
Date of presumed service under 9(6) of the Act: 30/04/25
Days elapsed: 16 days
I am appealing as the registered keeper. There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.
Yours,
If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
Smart will reject the appeal “after careful consideration” or similar guff, and state incorrectly that they comply with PoFA 2012 by posting the notice within 14 days, but will supply a POPLA code with which the notice will eventually be cancelled. Smart are either stupid, or tell fibs, or both, in order to maximise their chances of getting hold of your money.
Stay the course and you’ll pay £0.
Their misrepresentation is grounds for complaint - you could complain now, but my personal recommendation would be to wait for them to respond to your appeal. I'll explain my reasoning - when they respond, they are likely to reject your appeal, as jfollows says above, citing their false claim that the notice must be 'issued' within 14 days, which is not true.
This doubling down by them rules out the possibility of the inclusion of the PoFA wording on the PCN being a simple honest mistake, and exposes them as deliberately misrepresenting their position, strengthening your complaint.
Use the following template to make a formal complaint to the DVLA about the fact that they have issued an NtK that breaches the PPSCoP section 8.1.1(d) and therefore the KADOE contract:
Here’s how to make a DVLA complaint:
• Go to:
https://contact.dvla.gov.uk/complaints• Select: “Making a complaint or compliment about the
Vehicles service you have received”
• Enter your personal details, contact details, and vehicle details
• Use the text box to summarise your complaint or insert a covering note
• You will then be able to upload a file (up to 19.5 MB) — this can be your full complaint or supporting evidence
That’s it.
The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.
For the text part of the complaint the webform could use the following:
I am submitting a formal complaint against [INSERT PPC NAME], an [INSERT IPC or BPA] AOS member with DVLA KADOE access, for breaching the BPA/IPC Private Parking Single Code of Practice (PPSCoP) after obtaining my personal data.
While the Operator may have had reasonable cause at the time of their KADOE request, their subsequent misuse of my data—through conduct that contravenes the PPSCoP—renders that use unlawful. The PPSCoP forms an integral part of the DVLA’s governance framework for data access by private parking firms. Continued access is conditional on compliance.
The DVLA, as data controller, is obliged under UK GDPR and the Data Protection Act 2018 to investigate and take enforcement action when data is misused following release. This complaint is not about whether the data was obtained lawfully at the outset, but whether its subsequent use breached the terms under which it was provided.
I have prepared a supporting statement setting out the nature of the breach and the Operator’s actions, and I request a full investigation into this matter. I have attached the supporting document.
Please acknowledge receipt and confirm the reference number for this complaint.
Then you could upload the following as a PDF file for the formal complaint itself:
SUPPORTING STATEMENT
Complaint to DVLA – Breach of KADOE Contract and PPSCoP
Operator name: [INSERT PPC NAME]
Date of PCN issue: [INSERT DATE]
Vehicle registration: [INSERT VRM]
I am submitting this complaint to report a misuse of my personal data by [INSERT PPC NAME], who obtained my keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.
Although the parking company may have had reasonable cause to request my data initially, the way they have used that data afterwards amounts to unlawful processing. This is because they have acted in breach of the BPA/IPC Private Parking Single Code of Practice (PPSCoP), which is a mandatory requirement for access to DVLA keeper data. The PPSCoP forms part of the framework that regulates how parking companies must behave once they have received keeper data from the DVLA.
The KADOE contract makes clear that keeper data may only be used to pursue an unpaid parking charge in line with the Code of Practice. If a parking company fails to comply with the PPSCoP after receiving DVLA data, their use of that data becomes unlawful, as they are no longer using it for a permitted purpose.
In this case, [INSERT PPC NAME] has breached the PPSCoP in the following ways:
[INSERT A SHORT SUMMARY OF THE BREACH(ES), e.g. failure to follow grace periods, misleading notices, refusal to engage with a complaint, pursuing a charge despite having evidence of disability or mitigation, etc.]
These are not minor or technical breaches. They show a clear disregard for the standards required under the current single Code. As a result, the operator is no longer entitled to use the keeper data they obtained from the DVLA, because the purpose for which it was provided (a fair and lawful pursuit of a charge under the Code) no longer applies.
The DVLA remains the Data Controller for the data it releases under KADOE, and is therefore responsible for ensuring that personal data is not misused by third parties. This includes taking action against AOS operators who breach the conditions under which the data was provided. I am therefore asking the DVLA to investigate this breach and to take appropriate action under the terms of the KADOE contract.
This may include:
• Confirming that a breach has occurred
• Taking enforcement action against the operator
•Suspending or terminating their KADOE access if warranted
I have attached relevant supporting material with this statement. Please confirm receipt and provide a reference for this complaint. I am also happy to provide further information if required.
Name: [INSERT YOUR NAME]
Date: [INSERT DATE]
Wow. You guys are super helpful.
Thanks so much.
I'll get all this done and report back what happens.
I have decided to post my response rather than use the online form. I don't want to give them a load of data.
It is interesting about the dates of issue etc, as they claim April 28th. But that means it took 7-8 working days to get here! I know the Royal Mail isn't the best nowadays, but I think someone is telling porkies.
I submitted a Smart Parking appeal earlier this week by coincidence - the only data you have to provide on the online form that you don't have to provide when submitting by post is your email address. The only other information required is your name and address, which they already have.
If you have sent it by post, I hope you acquired a free certificate of posting from the post office, so that you have evidence that you sent it, if they subsequently claim not to have received it.
I know the Royal Mail isn't the best nowadays, but I think someone is telling porkies.
They'll be using a third party mail consolidator which are often somewhat slower.
Got it, thanks and good point
@DWMB2 I have now done the online form.
Thanks again.
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.
As per reply #2 above.
You have a POPLA code? Or are they stringing this out in the hope you identify the driver? In which case carry on waiting.
It looks like they have sent the POPLA ref number
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.
I've got a template you can use - when I'm at my desk later I'll put it in this thread.
I've also got a template complaint you can send to Smart.
Your POPLA appeal can be worded as below, with relevant personal details filled in. For your reason for appeal on the online portal, simply choose 'Other'. If it asks for your relationship to the vehicle, simply select 'Registered Keeper'. Create your appeal as a PDF document, and attach it to the portal under supporting evidence. In the actual appeal box, just put something along the lines of "Find attached the full appeal document".
POPLA Appeal
[NAME] (Registered Keeper) (Appellant)
-Vs-
Smart Parking (Operator)
Vehicle Registration Mark:[VRM]
POPLA Reference Code: [POPLA REFERENCE]
Parking Charge Notice Number: [PCN REFERENCE]
Case Overview:
I, [NAME], the registered keeper (“I”/“the Appellant”) of the above vehicle (VRM: _______), received a parking charge notice via post from Smart Parking (“the Operator”), which purported to be a Notice to Keeper. I appealed to the Operator, who acknowledged and subsequently rejected my appeal. It is my position that as the registered keeper of the vehicle I have no liability for the parking charge, and that my appeal should therefore be upheld. My appeal is on the following grounds:
1. No keeper liability: the Parking Charge Notice does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act (“PoFA”/“the Act”):
The operator does not not know the identity of the driver and is therefore seeking to recover the charge from me, the registered keeper of the vehicle. In order to be able to recover any unpaid charges from me as the registered keeper, the operator must comply with the requirements outlined in Schedule 4 of the Protection of Freedoms Act 2012. Smart Parking have failed to do so.
They have failed to deliver the notice to keeper within the relevant period of 14 days beginning with the day after that on which the specified period of parking ended, as specified by 9(5) of the Act.
Date of Parking: 14/04/2025
Date of PCN issue: 28/04/2025
Date of presumed service (2 working days after issue, as per 9(6) of the Act): 30/04/2025
Elapsed time period: 16 days
As Smart Parking are unable to rely on the provisions of PoFA to hold me liable as the keeper, and as there is no evidence as to who was driving, I cannot be held liable for the charge, and my appeal should be upheld.
2. Breach of the PPSSCoP - Misrepresentation
The parking charge notice issued by Smart Parking claimed that they would be able to hold me liable as the registered keeper, under the provisions of Schedule 4 of the Protection of Freedoms Act, despite the fact they were aware (or ought to have been aware) that they had not complied with the relevant conditions to do so. Following my appeal pointing this out, Smart Parking doubled down on their stance, claiming that the charge was 'issued within the 14 days required under POFA 2012', despite the fact that PoFA requires the notice to be given (that is, delivered) within 14 days, not merely issued within 14 days.
This repeated misrepresentation is in direct contravention of section 8.1.1 (d) of the Private Parking Sector Single Code of Practice, which states:
8.1.1 The parking operator must not serve a notice or include material on its website which in its design and/or language:
a) implies or would cause the recipient to infer statutory authority where none
exists;
b) deliberately resembles a public authority civil enforcement penalty charge
notice;
c) uses prohibited terminology as set out in Annex E; or
d) state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.
For the reasons outlined above, it is clear that as the registered keeper I have no liability for this charge, and I request that my appeal is upheld.
Once you have submitted the appeal, it will be sent to Smart for them to respond. When they respond, you'll have 7 days to comment on their evidence. Show us their response when you have it and we can advise.
You should also complaint to Smart Parking about their misrepresentation of PoFA. This is an emerging pattern where they falsely claim that merely issuing a notice to keeper within 14 days satisfies the requirements, when it does not. Smart will fob you off, but you can then complain to the British Parking Association, the trade association that Smart Parking are members of.
A suggested wording for your complaint is below. It should be sent to
complaints@smartparking.comSubject: Formal Complaint, PCN #[REFERENCE]
Dear Sirs,
For the avoidance of doubt, this is not an appeal against a parking charge (one has been submitted separately) but is instead a formal complaint regarding your handling of my case.
I am writing to make a formal complaint about your correspondence in respect of PCN #[REFERENCE], which amounts to a breach of the Private Parking Sector Single Code of Practice (PPSSCoP) and, by virtue of this, your KADOE contract with the DVLA.
Following receipt of your PCN, I appealed as the registered keeper, pointing out that due to your failure to deliver a Notice to Keeper within the relevant period of 14 days as required by Schedule 4 of the Protection of Freedoms Act (PoFA), you are unable to recover the charge from me as the keeper. You responded with a letter dated [DATE], falsely claiming that the notice was issued under PoFA. In the letter you claim:
"the Parking Charge (PC) was promptly issued within the 14 days required under POFA 2012"
As you will know, paragraph 9(4) of PoFA is clear that the notice must be given (that is, delivered), within 14 days, not merely issued within 14 days.
By falsely claiming otherwise, you are in breach of the PPSSCoP and the KADOE contract for the following reasons:
1. Breach of the PPSSCoP
Section 8.1.1 of the PPSSCoP states:
8.1.1 The parking operator must not serve a notice or include material on its website which in its design and/or language:d) state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.
In the appeal, I explained that Smart Parking had failed to serve a notice compliant with the requirements of PoFA, having given the notice outside of the relevant period of 14 days. You then responded on [DATE] with a letter, claiming the ability to recover the charges from me under PoFA. This is a deliberate misrepresentation, and a breach of 8.1.1 of the PPSSCoP.
As per Annex H of the PPSSCoP, this constitutes at least a Level 1 sanction for non-conformance.
2. Breach of the KADOE Contract
Clause C1.1 of your KADOE Contract with DVLA states:
The Customer shall ensure that signage, terms and conditions of service for parking customers and correspondence with data subjects comply with the Law and with the requirements of the ATA’s Code of Practice or Conduct.
By knowingly and falsely claiming compliance with PoFA, you have failed to comply with the terms of your KADOE contract, bringing into question your suitability to have access to sensitive registered keeper data.
As a result of these serious failings you should:
- Confirm that the parking charge notice has been cancelled and that no further action will be taken
- Explain why your correspondence falsely claims the ability to recover charges under PoFA when you are, or ought to be, fully aware this is not true
- Issue a formal apology
I expect a response to my complaint within 14 days. Following your response, I reserve the right to escalate this matter to the British Parking Association, and the DVLA.
Yours etc...
Did you already send the complaint to the DVLA?
Not yet, no. I can do both tomorrow morning if you think that's the route to take.
Agree x 1
View List
Like x 1
View List