Author Topic: Smart Parking PCN  (Read 7213 times)

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Smart Parking PCN
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The driver dropped a family at this residential house on the said date and was on a call for around 4 mins before driving away from the parking spot.

The driver never stepped out of the car nor see the parking warning

Attached is the PCN

Kindly assist with this case

Thank you

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Re: Smart Parking PCN
« Reply #1 on: »
Contravention date: 23 March
Issue date: 3 April
Presumed delivery date: 7 April
14 days after contravention date: 6 April

Check my calculations

Smart will say that it was posted in time, but that’s because they’re stupid or deliberately misrepresent the requirements of PoFA in which the liability can only be transferred from the unknown driver to the known keeper if served on the latter in time. It seems that this notice wasn’t.
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Re: Smart Parking PCN
« Reply #2 on: »
What do you advise since the 14 days expired before getting the letter

Re: Smart Parking PCN
« Reply #3 on: »
Can we please see the back of the notice?

As noted above there will be an appeal based on the dates, but for obvious reasons you'll need to wait until after 7th April to do so
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: Smart Parking PCN
« Reply #4 on: »
Here is the back of the letter

Thank you

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Re: Smart Parking PCN
« Reply #5 on: »
So they are wrongly claiming the ability to hold you liable as the keeper. You should in due course complain to them about that, which we can advise on.

In the meantime, the first thing to do is appeal. Don't do this until Tuesday 8th April.

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: 23/03/25
Date of issue: 03/04/25
Date of presumed service under 9(6) of the Act: 07/04/25
Days elapsed: 15 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.

But as above, not until 8th April!
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: Smart Parking PCN
« Reply #6 on: »
The Notice to Keeper (NtK) has not been "given" (Delivered) within the PoFA 9(4)(b) relevant period of 14 days. Irrespective of anything else on the NtK, they cannot hold the Keeper liable and they have no idea who the driver is unless the Keeper blabs it inadvertently or otherwise.

Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
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. Smart 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. Smart have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
« Last Edit: April 05, 2025, 03:11:37 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Smart Parking PCN
« Reply #7 on: »
Ok thank you so much

I will do as instructed

Re: Smart Parking PCN
« Reply #8 on: »
Either of the above will do but the important thing is not to appeal too early!
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: Smart Parking PCN
« Reply #9 on: »
Remember, Smart will reject your appeal “having considered your appeal in detail” and incorrectly state that they comply with PoFA because they posted the notice within 14 days, but will provide a POPLA code, which will need to be used but the basis of the appeal is already here, and POPLA will cancel.

Smart does this because there’s little downside to rejecting valid appeals because plenty of people pay up at that point. They only care about getting your money, and if this requires them to tell untruths in order to get it, they don’t care.
« Last Edit: April 05, 2025, 03:12:59 pm by jfollows »

Re: Smart Parking PCN
« Reply #10 on: »
Noted

I will keep you posted

Thank you

Re: Smart Parking PCN
« Reply #11 on: »
Good day I tried to appeal this PCN via the website but anytime I enter the vehicle registration number, I keep getting the error attached.

I didn't want to send an email as instructed but telling the house to know if it is the right thing to do

Any advice will be appreciated.

Thank you

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Re: Smart Parking PCN
« Reply #12 on: »
I tried to appeal via mobile but the error message attached shows a number to call

Kindly advise on the next step

Thank you

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Re: Smart Parking PCN
« Reply #13 on: »
Just email it to complaints@smartparking.com and CC yourself.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Smart Parking PCN
« Reply #14 on: »
Ok thank you