Free Traffic Legal Advice

Hi,

We have been issue a "Notice to Keeper - Parking Charge" for not paying for enough time in the car park. The driver paid for the planned stay but failed to leave in time, including for reasons of tight spaces for meneavour.

Although we do not challenge the timings, we read in other topics that Smart Parking might have failed to issue a compliant PCN, as they do not name the driver. (Example: https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)

I will upload the PCN but the main dates can be found below:
Date of Contravention: 07/10/2025
Date Issue: 16/10/2025

Are we able to challenge this fine, or we are expected to get back to them in time to name the driver as they seem to have notified us within 14 days of the contravention?

The PCN is deemed to be delivered on 20 October which is within 14 days of the parking event, so PoFA 2012 can be used to transfer liability from the unknown driver to you, the known registered keeper. There are other requirements for PoFA 2012 to be valid, but the 14 day limit has been met here.

They can never name the driver in the PCN, all they know is the car’s registration, but they can use that to apply to the DVLA to identify the registered keeper. They often fail the requirements of the legislation to transfer liability, which is why we advise never identifying the driver, but in this case they have complied with the more obvious requirement.

Oh, and it’s not a fine, it’s an invoice for payment under civil contract law based on the driver entering into a contract by parking.

Thanks for the responses! It is much appreciated.

The driver was there for an event organised by the church. The driver found out after the event that the church organises parking, but not knowing that in advance, they paid the parking by themselves (as per receipt). The driver will try to contact the church.

Would that be the only hope of getting the fine cancelled, or even though Smart Parking seem to have complied with the most obvious parts of the legistalation they could have missed something?