3. Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
« previous next »
Pages: [1]

Author Topic: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF  (Read 42 times)

0 Members and 15 Guests are viewing this topic.

Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
« on: »
My relative as registered keeper has received the att. PCN from Smart Parking.

As you can see it alleges a 4+hr stay at Bodmin services PL26 8UF, which seems unlikely at best for a small A-Road services.
However, being elderly there is no obvious 'smart phone' based data we can use as loose evidence, e.g a photo 2 hrs later with geodata 20 miles away.

They do agree that the photos provided show registration plates matching, e.g. this is a mistake but not an OCR misrecognition based one.

It states the date of contravention as 17/4/26 with date issued as 05/05/26, received in post this morning.

He has only sent the front page for now but there is no option to appeal on the front page, only pay!

pcn hosted at ImgBB
Image pcn hosted on ImgBB
ImgBB · ibb.co


I will chase the rear ASAP.
« Last Edit: May 16, 2026, 02:45:03 pm by big_bad_golf »
Logged

Share on Bluesky Share on Facebook

Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
« Reply #1 on: »
Logged
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
« Reply #2 on: »
If the driver is not identified it seems likely that Smart has issued the notice too late to hold the registered keeper liable.
Logged
Like Like x 1 View List
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
« Reply #3 on: »
Thanks for reply, here's the rear image

I assume they KNOW it's non-compliant with POFA when they don't even mention it themselves?

pcn2 hosted at ImgBB
Image pcn2 hosted on ImgBB
ImgBB · ibb.co
« Last Edit: May 16, 2026, 02:59:41 pm by big_bad_golf »
Logged
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
« Reply #4 on: »
Smart currently seem to have two templates, one of which mentions PoFA 2012 and one of which doesn’t. As does Parking Eye. So relatively easy to spot.
17/4 would normally require a posting/issue date of 29/4 or earlier.
« Last Edit: May 16, 2026, 03:04:16 pm by jfollows »
Logged
Like Like x 1 View List
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
« Reply #5 on: »
Excellent, so assume I've done right by advising my relative to use the reply template from here - https://www.ftla.uk/private-parking-tickets/pcn-cardiff-ncp/msg102882/#msg102882

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 the Protection of Freedoms Act 2012 (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. COMPANY 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 strained interpretation of the law of agency. Your NtK can only ever attempt to hold the driver liable.

Further, you are now on notice that I am also reporting COMPANY to the DVLA for breach of the Private Parking Single Code of Practice, Section 8.1.1(d). You will be aware that DVLA data access is conditional upon compliance obligations, and that breaches engage your KADOE contract. I will not set out the detail here; you are invited to look up Section 8.1.1(d) yourself.

COMPANY has no prospect of success at POPLA. You are urged to save us both a complete waste of time and cancel this charge.

Not had to deal with this since the days of PEPIPOO which I've been advised this forum has many of the same contibutors?
Thanks again!
Logged
Pages: [1]
« previous next »
  3. Smart Parking PCN – Overstay – Cornwall Services PL26 8UF