Free Traffic Legal Advice

Before you even think about appealing or doing anything, please answer this question...

Is the PCN you have shown us in your name as the Hirer? If it is only a copy of the Notice to Keeper (NtK) that was sent to the hire company, you cannot appeal it.

Unless the hire company has transferred liability to you, the Hirer and (not so) Smart Parking has issued a Notice to Hirer (NtH) in your name, do nothing.

You have what is known as a "golden ticket" and if you do not follow the advice here, you are likely to proverbially blow both your feet off and throw away the easiest way to get this cancelled.

So, before we continue, is what you have shown us an NtH in your name or a copy of the NtK that was sent to the hire company?

Laughable. You re not and never have been the Registered Keeper of the vehicle.

I'm going to assume that there were no other documents included with the PCN you have received. (not so) Smart have no idea of the drivers identity and you as the Hirer are under no legal obligation to identify the driver to an unregulated private parking company.

Because (not so) Smart Parking have not complied with the requirements of PoFA Paragraph 14, they cannot hold you, the Hirer, liable for the charge. Only the unknown (to them) driver can be liable. So, don't tell 'em your name Pike!

I suggest a formal letter of complaint rather than an appeal be submitted. They are bound to consider a formal complaint as an appeal anyway. Don't remind them of their obligations under section 11.4 of the PPSCoP so as to give the more rope with which to hang themselves.

Send this as a PDF attachment in an email to (not so) Smart Parking:

Smart Parking Limited
Unit 43 Elmdon Trading Estate
Bickenhill Lane
Birmingham
B37 7HE

By email to: complaints@smartparking.com

[Date]

Subject: Formal Complaint Regarding Parking Charge Notice [PCN Reference Number]

Dear Smart Parking Ltd,

I am writing to formally complain about your handling of Parking Charge Notice [Insert PCN reference number]. Your deplorable approach demonstrates either a lack of understanding of the legal framework under which you operate or a wilful disregard for compliance with the Protection of Freedoms Act 2012 (PoFA).

It is apparent that you have failed to follow the correct procedures required to transfer liability to me as the Hirer of the vehicle. Allow me to outline your glaring mistakes:

1. Issuing the Wrong Notice

You have issued a Notice to Keeper (NtK) addressed to me. However, as your records should clearly indicate, I am not and have never been the Keeper of the vehicle — I am the Hirer. This fundamental error renders your Notice invalid for any attempt to transfer liability under PoFA Schedule 4.

Under Paragraph 14 of Schedule 4 of PoFA, you were required to issue a Notice to Hirer (NtH). Your failure to issue the correct Notice highlights a glaring incompetence in your processes.

2. Failure to Provide Required Documentation

Even if you had issued a Notice to Hirer (which you did not), PoFA requires that it be accompanied by:

• A copy of the original Notice to Keeper (NtK) sent to the Keeper.
• A copy of the hire agreement.
• A statement from the Keeper (hire company) confirming I was the Hirer during the relevant period.

You have provided none of these documents, further invalidating your attempt to hold me liable as the Hirer.

3. Complete Lack of Transparency

I have no evidence that you issued the original NtK to the Keeper (hire company) within the required timescale under PoFA. If the NtK was not issued to the Keeper within 14 days of the alleged contravention, as mandated by Paragraph 9(5) of PoFA, then your claim fails at the first hurdle.

Your failure to provide a copy of the original NtK to me — as required by the Act — prevents me from verifying your compliance with this fundamental requirement. This lack of transparency only compounds the perception of Smart Parking’s incompetence.

4. Excessive Delay

The document you sent to me was issued four months after the alleged contravention. This is well beyond the strict deadlines imposed by PoFA for transferring liability to a Hirer. Specifically, Smart were required to issue the NtH within 21 days of obtaining my details from the Keeper.

This gross delay is yet another glaring example of your failure and lack of competence to comply with the basic requirements of PoFA.

Formal Complaint

Your approach to this matter is unprofessional and suggests that Smart Parking are either unqualified to issue parking charges or are knowingly flouting the rules.

As part of this formal complaint, I demand that you cancel this Parking Charge Notice immediately due to your procedural failings and provide written confirmation of this cancellation.

I also expect Smart Parking to review the internal processes and training to ensure compliance with PoFA moving forward, as it is obvious that the current level of competence is unacceptable.

Please be advised that a formal complaint regarding Smart Parking's conduct and procedural failures will be submitted to both the British Parking Association (BPA) and the DVLA. Your inability to follow PoFA, issue the correct Notices, and provide required documentation will be highlighted in full.

Your response to this complaint will be retained as evidence in case this matter escalates further. Should Smart Parking persist in pursuing this baseless charge, I reserve the right to seek recovery of any costs incurred as a result of your continued harassment.

I trust you will now act responsibly and bring this matter to a close.

Yours sincerely,

[Your Full Name]
[Your Address]
Hirer of Vehicle Registration: [Insert Vehicle Registration Number]

You never ignore. I would advise sending it as is. You are definitely dealing with one of the most incompetent of all the unregulated private parking companies we deal with.

Don think you are dealing with a company that has any ethos of fluffy customer service. These are ex-clamper thugs who operate on the very edge of lawfulness and beyond in their greed to extort money from motorists.

If you “tone it down” then don’t expect them to respond in any meaningful manner. You either tell them as it is or you show them you’re a mug and ripe for the picking.

Well over 40,000 private PCNs are issued every day!!! You can do your own back of a fag packet calculations to see the numbers involved. Start with the very conservative assumption that 50% are simply paid at the discounted rate without a challenge.