Author Topic: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE  (Read 660 times)

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SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
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To all,

I have recently recieved a letter from SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE - with an amount outstanding of £100  (See attachment) and wish to get some advice from the wonderful community of people here.

Interestingly, the letter only shows a picture of the vehicle front and back and no evidence of parking?


"PCN Information

The Parking Charge has been issued to your vehicle. . . . , because between the period of 10:25 (10/01.2026) to 11:56 (10/01/2026) it was parked in a manner whereby the driver became liable for a parking charge at Cardiff International Sports Campus, Cardiff CF11 8AZ, paid for insufficient time (ANPR). This is supported by camera images of the vehicle entering and exiting the car park. The signage, which is clearly displayed at the terms and conditions set out in the signage, the Parking Charge is now payable to Smart Parking Ltd (as the Creditor).

You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedom Act 2012 that the driver of the motor vehicle is required to pay this notice in full. As we do not know the driver's name or current postal address, you the vehicle's keeper are now invited to either:

1. Pay the charge, or
2. If you were not the driver at the time of the event, please provide us with the driver's full name and current address using the contact details below and pass this Parking Charge to them. (Once this information is receieved, we will pursue the driver).

This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complaince with the applicable conditions under this Act. If within 28 days, beginning with the day after that on which the notice is given (which is presumed to be the second working day after the date of issue) the amount due has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the notice from you, the keeper."


*I like the carefully worded: you the vehicle's keeper are now invited to either  ;D ;D  ;D 


To give context.
I use this sports area often to take my small child to grassroots football there. Turning off the main road you drive along another road of the Sports area where there is 3 designated area's of paid parking, which guranteeded are full every Saturaday morning. What isn't designated parking and does not have any signage or yellow lines is a road directly behind Cardiff International Sports Campus where people do park freely, and on occassions I do myself.

I have hightlighted the photo on the attached as follows.

Red - paid designated parking
Green - behind the building.

I welcome all to comment, advise and point me in the right direction of how to tackle this matter.

Best regards,

https://ibb.co/0Rx03czJ
https://ibb.co/GQ526dqJ
https://ibb.co/szSFxKC

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Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #1 on: »
Quote
That page doesn't exist
The requested page was not found.

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #2 on: »
I think the active bit of those links have got ballsed up. Copying the text you can SEE, rather than the click link behind, gives these:

https://ibb.co/0Rx03czJ

https://ibb.co/GQ526dqJ

https://ibb.co/szSFxKC
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Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #3 on: »

Thank you @Fluffykins for adding them, not sure exactly why the links became corrupted. Here is the link for the one that was missing.

https://ibb.co/ZpBrhfRS


Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #4 on: »

Hi all,

I know everyone is pretty busy but does anyone have any advice of how to tackle the above?

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #5 on: »

To all,

I have recently recieved a letter from SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE - with an amount outstanding of £100  (See attachment) and wish to get some advice from the wonderful community of people here.



What's "recently"?

What's the date on the invoice?

Plus there appear to be multiple POFA defects in the wording, the obvious one being that POFA 9(2)(a) requires a period of parking.

Your notice only gives ANPR entry and exit times, which are not the same as a parking period. ANPR records movement past a camera, not when the vehicle was actually parked.

This alone is enough to make the notice non‑compliant.
« Last Edit: February 06, 2026, 07:42:28 am by Brenda_R2 »

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #6 on: »
Your notice only gives ANPR entry and exit times, which are not the same as a parking period. ANPR records movement past a camera, not when the vehicle was actually parked.
I think this would be a very difficult argument to run in many cases. The legislation requires the parking period to be 'specified' - it would in my view be a very prescriptive interpretation that found that an operator must define the precise time the vehicle became parked and ceased to be parked. If their evidence can show that, on the balance of probabilities, a vehicle was parked for at least the consideration period, and define the period during which this happened, I imagine many judges would take the view that they had complied.

In this case, the vehicle was on site for 31 minutes. On that basis, you would potentially need to successfully argue that, on the balance of probabilities, the vehicle spent 26 minutes driving around.

I'm not saying the argument is impossible, but it's not a case of just saying "If they're using ANPR they haven't specified a period of parking and therefore the notice isn't PoFA compliant".

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #7 on: »

Please see above conversations for links of letter by Smart Parking.


Smart Parking letter states arrival time 10:25am, departure time 11:56am. It shows only an image of the front of the vehicle and the behind.

What would be the argument of naming the driver and holding the keeper accountable and not parked in one of their designatated carpark areas?

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #8 on: »
GSV imagery is from 2019 so it's not possible for us to examine current signage.

What you may need to do is to take some pictures from the access road which you say you parked on.

Also the signage at the entrance to the facility.

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #9 on: »

Thanks @InterCity125 I will take some photo's this week and post them here. What should I do in the meantime with regards to the letter good folks? 

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #10 on: »
We cannot advise UNTIL we see the relevant signage.

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #11 on: »
Hi all,

Here are the photos from the area of where I have received the notice from Smart Parking. The sign closest to where I parked behind the building is in welsh, which is not at all help as I don’t speak the language.

Presumably there are other signs dotted around the area referring to the parking bays, but nothing that suggests or indicates the road behind the Cardiff Sports Campus is paid parking?

There are no parking signs when leaving the main road and entering into the Sports area.

Any thoughts?

https://ibb.co/VpQ9fggp
https://ibb.co/wZdGCr6J
https://ibb.co/rKm3Hcwy
https://ibb.co/mVvMMFzB



Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #12 on: »

Hi alls,

Any advice with the above?

Re: SMART PARKING - NOTICE TO KEEPER - PARKING CHARGE
« Reply #13 on: »
This was a response on the forum from @b789 to marxman,


"I am the keeper of the vehicle, and I dispute your 'parking charge'. I deny any liability or contractual agreement, and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. PPS has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. PPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN."


Is it worth me using this paragraph to write to Smart Parking?