3. Smart Parking PCN - Paid for insufficient time APNR - Portsmouth
« previous next »
Pages: [1]

Author Topic: Smart Parking PCN - Paid for insufficient time APNR - Portsmouth  (Read 402 times)

0 Members and 250 Guests are viewing this topic.

Smart Parking PCN - Paid for insufficient time APNR - Portsmouth
« on: »
Date of parking was 2nd April. Upon entering the car park, the driver found a space, parked up, and someone paid for 1 hour of parking. Please let me know if you need to know who paid for this parking.
The appointment ran over, and when they left the car park they had exceeded the period paid for. On 13th May, the registered keeper, received a PCN through the post.

Here is a link to the PCN:
https://imgur.com/a/CRsi2pg
Google Maps location if needed:
https://maps.app.goo.gl/c6e6hWgh8RMf7euq8


Any help would be appreciated! From what I have read, as the PCN was issued more than 14 days after the alleged incident, this is not in accordance with PoFA?
Thank you
« Last Edit: May 13, 2025, 04:20:01 pm by Simba08 »
Logged

Share on Bluesky Share on Facebook

Re: Smart Parking PCN - Paid for insufficient time APNR - Portsmouth
« Reply #1 on: »
Correct, not in accordance with PoFA means that the liability can not be transferred from the driver to the registered keeper, and as long as you don’t identify the driver you’ll eventually get this cancelled. Even Smart aren’t pretending that this complies with PoFA.

For example,
Quote
PCN No: [PCN number]
Vehicle Registration Mark [VRM]

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 at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Smart seems to have a big problem turning around and sending out its PCNs in time, but presumably lots of people pay up anyway.

When they reject the appeal, because they always do, they will provide a POPLA code and a more focussed appeal covering specific points can be used then.
« Last Edit: May 13, 2025, 05:31:09 pm by jfollows »
Logged
Re: Smart Parking PCN - Paid for insufficient time APNR - Portsmouth
« Reply #2 on: »
To confirm, are you the registered keeper, with the V5C document for the vehicle showing your name and address?

If so, you can appeal online with the below, choosing "other" as the reason for appeal, and ensuring you only appeal as the keeper:

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 are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

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.
Logged
Agree Agree x 1 View List
Re: Smart Parking PCN - Paid for insufficient time APNR - Portsmouth
« Reply #3 on: »
Thank you both, really appreciate your help. I am the registered owner of the vehicle. I have appealed via the website, and will chase in 28 days if I have not received a response. If they look to proceed, I will reply back on this thread.


Thanks again!
Logged
Re: Smart Parking PCN - Paid for insufficient time APNR - Portsmouth
« Reply #4 on: »
You’re the registered keeper, there is no register of owners!
Logged
Like Like x 1 View List
Pages: [1]
« previous next »
  3. Smart Parking PCN - Paid for insufficient time APNR - Portsmouth