Just recieved Smart Parking notice

Sarah1960

I only have the bank details showing I paid on the date as we were on holiday and have since cleaned the car and thrown all the rubbish away.
Will this be OK as proof?

LDast

How long is a piece of string?

Sarah1960

Oh, sorry, I thought I was asking a valid question and expecting replies from those that had experience and some knowledge.
Oops my mistake 😬 

Gr1pr

Without knowing the background or seeing what the alleged breach is, nobody knows 

Proof of payment doesn't usually succeed because the alleged breach could be an incorrect registration input, a keying error, or paying for the wrong car park 

Its more usual to appeal as keeper using a not compliant with POFA template, seeing as Smart never comply with POFA 

So no its not a valid question, no context 

LDast

Maybe a bit more substance to your query would have been better. Have you read the Newbies/FAQ thread yet?

As it is a (not so) Smart PCN, simply appeal as the keeper (no identifying the driver) with the following, no embellishment or editing:

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. Smarr 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.

Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Sarah1960

Thanks. 
Yes I have read FAQs.
I have beaten parking Eye ones before but thought I would refresh my memory and double check.

Coupon-mad

Smart Parking appeals are impossible for a keeper to lose as long as you don't admit to driving.  So what you DON'T do is appeal saying "I have bank details showing I paid".