Smart Parking - Parking Charge Notice (England)

generally_fine

Hi all,

Newbie here, thanks for the numerous resources available on this forum. I've spent a couple of hours reading through and am not completely clear on the best way forward.

I've received a 'Parking Charge Notice' from Smart Parking.

I am not the registered keeper of the car (my partner is). The advice seems to be to wait for the Notice to Keeper (NtK) letter, however I expect my partner will return this to say I was the driver, even if I ask her nicely not to Most of the advice is to 'identify yourself as the keeper' in appeals, but won't this cause problems legally (else for my relationship)?

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Circumstances: My employer rents their office and has some marked spaces in a car park which are for 'permit holders only' (i.e. for staff and visitors of the company). I had booked a space with my employer but forgot to display the permit and have thus been issued with the invoice from Smart Parking. As such, they have not incurred a loss as a result, other than the cost of issuing the invoice.

I have spoken to my employer and get the usual 'we don't control the parking' response seen elsewhere on the forum. I don't know who owns the land.

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What is my best course of action?

Also, what is the maximum amount I could be up for if it all goes horribly wrong, ends up in court and I receive judgement against me? Would it just be the current £90 fine or could there be all sorts of other costs?

I'm tempted just to pay it so I can get on with life, but clearly that would be letting you guys down and I fear a little piece of me would die inside if I did...

Redx

if you are named as the driver it just removes a few hoops under POFA 2012 , but as driver you still use the standard appeal points , not a gpeol , no contract etc

so although its better generally to have the RK appeal , as driver you can still do so

its not a fine , its an invoice, that you wont have to pay at all as long as you use the info in the NEWBIES sticky thread, but worded as driver and not RK, if you are named

the landowner or agent is "supposed" to be on the PCN you received , or try a google search etc (or ask the employer who they rent from)

as for court, the most it can be is say £200 max , but as you will win at popla the cost will be zero

so follow the flowchart in post #8

ColliesCarer

IMO Your best course of action would be to promise your partner a slap up romantic dinner out with what you'll save by appealing this charge.

So turn on the charm and ask her very nicely :kisses3: not to dob you in as driver once the NtK has arrived but for her to submit the 1st appeal template which you'll find in the sticky NEWBIES thread.

It really is best done as registered keeper - then when this gets rejected and chances are it will - you draft a winning POPLA appeal for her to submit and posh nosh next stop.

Smart parking are easy to beat and you stand a better than 99% of getting this cancelled whether appealing now as driver or with her help (as she's the registered keeper) after the NtK comes.
But the keeper has stronger appeal grounds and if she'll agree she gets a nice night out

Guys_Dad

Paying the charge will be cheaper than the romantic dinner, I fear!

Coupon-mad

Oh come on OP, this is Smart Parking. Reading other Smart threads would tell you:

- they don't even use NTKs that are POFA 2012 compliant so the driver is the only person 'liable' (no need to NAME that person anyway)

- when a keeper simply goes online and points these NTK wording failings out in the appeal, stating 'therefore there is no keeper liability' - plus the fact 'there's been no loss' and they 'don't own the land' - Smart Parking...cancel a week later.

- Or just complain to Asda, get it cancelled same day by the Store Manager (don't discuss with some oik who thinks Smart own the car park or some such drivel).

Smart Parking fake PCNs are among the most simple ones we see and they NEVER even go to POPLA when they see an appeal as explained above. They are no fun!