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Hi There,

I am look for some advice please if I have grounds to appeal a NOTICE TO KEEPER parking charge from Smart Parking

Date of contravention is: 6/2/25, Date issued is 19/2/25 and notice letter received today 25/2/25

the images are of the business vehicle only - no images of the driver. the noticed states '...the driver became liable for a parking charge at ok diner, oswestry" images of front and back of noticed attached

I very much doubt the signs are where they have stated but have no evidence of this

do we as the company (RK) have grounds to appeal ?

Thank you kindly
Emma

[ Guests cannot view attachments ]

thank you so much!

I have submitted online - there were no tick boxes or drop downs that I could see - I have screen shot each page as evidence.

thank you again forth taking the time too help me with this - so very much appreciated 

They have also made serious breaches of the PPSCoP and therefore warrant a formal complaint to themselves in order to explain why and a formal complaint to the DVLA as they have breached the KADOE contract and this requires investigation.

Smart are so stupid that they can’t count to 14 properly, or wrongly state that they only have to send their notice within 14 days.
Actually, they don’t care because they just want your money.
They presumably provide a POPLA code with their refusal of your appeal?
POPLA can at least count to 14 properly, and will cancel this in due course.

PS your attachment is sideways

Actually, it’s not good that they lie to you in their response in the hope that you will believe them and not bother with POPLA under the mistaken assumption that they’re right.

there is no POPLA code that I can see - the letter is literally what I have screen shot - I have just taken out names and addresses

Do I need to action anything further with a reply to them ?

there is no POPLA code that I can see - the letter is literally what I have screen shot - I have just taken out names and addresses

Do I need to action anything further with a reply to them ?

OK, so it’s just a fishing attempt to get you to divulge the driver’s details, so in due course they should reject your appeal (submitted 25 February I think) and provide the POPLA code, so I would reply with the complaint about its contents as previously discussed.

A suggested wording for your complaint is below. It should be sent to complaints@smartparking.com. I would attach to this a copy of the correspondence you have shared with us today.

They will probably fob you off in their response, but the goal here is to ultimately escalate the complaint to the British Parking Association and the DVLA.

Subject: 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 on behalf of the company 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 us as the keeper. You responded with a letter dated [DATE], which is attached, falsely claiming that the notice was issued under PoFA. In the letter you claim:

"the 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 the attached letter, claiming the ability to recover the charges from us 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 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...

[/quote]

Indeed - the lines of my thinking were that given their approach so far, there's every chance Smart will further compromise their position in their response to the complaint, providing even more evidence to DVLA.