3. Smart Parking PCN – N10 min stay – Church Parking - ILFORD
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Smart Parking PCN – N10 min stay – Church Parking - ILFORD
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Hi all,

The driver drove in to the car park, stayed for less than 10 minutes and drove out got an invoice as been recorded by the ANPR.

Entry 19:56
Exit  20:06

I think this is unfair, but will pay if you guys think its not worth appealing. Opinions please as its 14 days today.  :-[

Unfortunately, I don't have signage at the site, and haven't been back to that area and there is no easy parking around to just go and get a picture. (don't want another invoice sent to me :))
« Last Edit: August 26, 2025, 08:29:02 pm by shock999 »
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Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
« Reply #1 on: »
Basic stuff.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Quote
(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
Contravention 14/7/25
Issued 12/8/25
Delivered 14/8/25

Read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and make sure not to identify the driver.

Maybe modify your post to say “the driver drove …” etc.

Appeal on non-compliance with PoFA 2012.

Smart and IAS will both incorrectly reject your appeal, but won’t dare actually to take it to court.

It may take months but you won’t pay anything in the end if you take advice here and keep us informed.

Something like
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 Parking 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 should you refuse this appeal, so you are urged to save us both a complete waste of time and cancel the PCN.
to start with.

Smart will reject your appeal, but not because it’s wrong but because it’s right. Rejecting means there’s a chance you will pay up. Come back here when they do.
« Last Edit: August 26, 2025, 08:14:46 pm by jfollows »
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Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
« Reply #2 on: »
Thank you,

Thats very helpfull.

Is it worth saying about the 10 minute grace period?

Is something like this worth saying or best to appeal using what you have posted above.


Quote
I am the registered keeper of the vehicle, and I dispute your 'parking charge'
This charge is invalid as the car was within the ground for under 10 minutes as shown on your records and the invoice was sent outside the permitted time requirements of PoFA 2012.

I have received an invoice from you dated 12/08/2025, this was received on the 14 / 08/2025.
You had stated that the vehicle entered the site  on the 14/07/2025 and this is when the ‘contravention’ occurred.

As you will be aware, under Schedule 4 of the Protection of Freedoms Act 2012.
(4)The notice must be given by—
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

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 as this invoice / charge was received well outside of the permitted period, this invoice isn't valid.
Please cancel this invoice.
« Last Edit: August 26, 2025, 08:31:54 pm by shock999 »
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Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
« Reply #3 on: »
Quote from: shock999 on August 26, 2025, 08:18:21 pm
Is it worth saying about the 10 minute grace period?
No - a grace period is a period added to a permitted period of parking. In this case, the driver seems to have arrived, chosen not to park, and leave. In this case, a consideration period applies - this is a period of time allowed in order for the driver to consider the terms and conditions on offer and decide to accept them, and park, or to reject them, and leave. This is generally a minimum of 5 minutes, not 10.

Just to clarify, before submitting the wording suggested by jfollows - are you the registered keeper, with the V5C document in your possession?
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Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
« Reply #4 on: »
Thank you. I stand corrected.

I am the registered keeper and do have the V5C.

Quote
I am the registered keeper of the vehicle, and I dispute your 'parking charge'
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.

I have received an invoice from you dated 12/08/2025, this was received on the 14 / 08/2025.
You had stated that the vehicle entered the site  on the 14/07/2025 and this is when the ‘contravention’ occurred.

As you will be aware, under Schedule 4 of the Protection of Freedoms Act 2012.
(4)The notice must be given by—
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

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 as this invoice / charge was received well outside of the permitted period, this invoice isn't valid.
Please cancel this invoice.
 

Or am I wasting my time and just go with what 'Jfollows helpfully stated above.
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Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
« Reply #5 on: »
Stop trying to overthink this. Simply go with what you were advised in the first place. You can recite War & Peace for your appeal. No one cares, especially the vexatious incompetents at (not so) Smart Parking. Your appeal IS going to be rejected. The odds of the subsequent IAS appeal are also going to be rejected.

The way this will end is eventually you will receive a county court claim issued by DCB Legal and you will defend with the advice from this forum. In due course the claim will either be struck out or discontinued.

You have to go through this process because they rely on most recipients of their PCNs to be low-hanging fruit on the gullible tree who will pay up out of ignorance and fear. Just search for other (not so) Smart Parking cases on the forum.
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Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
« Reply #6 on: »
OK, replying with what's been suggested.

will keep this updated when the rejections come through.


Quote
Parking Charge : SP544355***

We can confirm that your appeal has been received and that all action has been suspended pending adjudication. We will endeavour to respond to your appeal within 28 days.
If your appeal has been received within 28 days of issue of the Parking Charge (PC) and your appeal is unsuccessful, the PC will revert to the amount outstanding at the point of appeal.

Please remember to check your junk and spam folders periodically.

Yours sincerely,

Smart Parking Limited
« Last Edit: August 26, 2025, 09:39:20 pm by shock999 »
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Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
« Reply #7 on: »
Good outcome.


https://imgur.com/a/gVCbekV


Seem to have been cancelled hassle free.

I did mention that it was outside PoFA 2012 requirement.
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