Smart Parking SP#

ChirpyChicken

Anything else is irrelevant 
Just write in the appeal
"This operator does not have a contract at this site to issue pcns"

That's it

getitsorted0

Just to confirm, appeal = POPLA right? 

Coupon-mad

Yes.        

getitsorted0

Hi all,

I have heard back from POPLA and received a 14 paged information file attached and their proclaimed evidence pack from SP on the POPLA tracker. 

It contains their written defence, several photos of signage, the car entering and existing, and an agreement schedule. 

Additionally that they served the PCN within 14 days as they received the car keepers information on the 10th April and therefore within the 14day timeframe. 

It has the option to enter motorist comments in response to information which has been added by SP. 

Should I be adding anything here and commenting ?

I don’t think I’ve come across anything on here which advises to respond back with any specific comment. 

Your advice will be much appreciated. 

Coupon-mad

Same as the other one today with the landowner agreement. Go read it (no link).

getitsorted0

Are you referring to - 

Issued with smart parking pcn and expecting many more

The agreement I have received is attached and stipulates the notice charge and the amounts etc. 

Coupon-mad

But the Relevant Terms box is blank, there are several redacted boxes and there's nothing to say that Smart are anything more than an agent. Nothing to say they can sue in their name or what the terms or exemptions or times of operation are. What 'relevant terms detailed below'?!

getitsorted0

I hear what you are saying, it’s lacking the specific detail. Do you think this a new tactic which SP are now using by sending this document as evidence and do you think it will make a difference in POPLAs decision and what I have sent for my appeal reasons below.   

 “This operator does not have a contract at this site to issue PCNs. Additionally, the PCN was not delivered as per POFA regulations point 9.4 The alleged contravention date 02/04/2025, considered from the next working day 03/04/2025 is day one, date of issue 15/04/2025 is 13 days plus 2 working days for delivery therefore total of 15days”.

Coupon-mad

You just need to make comments about your two points.

I've told you what to say about the redacted landowner letter/schedule.

I suggest you spell out the 14 days point better, by quoting exactly what schedule 4 says and counting each day to 14 to spell out why posting it on day 13 is too late, in law.

getitsorted0

@Coupon-mad  Thank you for your advice so far it’s been incredibly helpful. 

I propose to send the below and would appreciate if you could confirm this adequate for me to respond with as comments for the POPLA appeal.

Under POFA regulations, Schedule 4, Para 9.4, a notice for unpaid parking charges must be sent to the keeper of the vehicle within 14 days of the date the parking contravention occurred. If this timeframe is not met, the operator cannot legally hold the registered keeper liable. 

4. The notice must be given by—

(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

In this case the alleged contravention date is 02/04/2025, as per the POFA regulations, the relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended, which is as follows:

02/04/2025 - Day of contravention, parking ended. 

03/04/2025 - Day 1

04/04/2025 - Day 2

05/04/2025 - Day 3

06/04/2025 - Day 4

07/04/2025 - Day 5

08/04/2025 - Day 6

09/04/2025 - Day 7

10/04/2025 - Day 8

11/04/2025 - Day 9

12/04/2025 - Day 10

13/04/2025 - Day 11

14/04/2025 - Day 12

15/04/2025 - Day 13 - Date of issue

16/04/2025 - Day 14

17/04/2025 - Day 15 - A notice sent by post is deemed to be delivered on the second working day after it is posted. 

Posting the PCN on 15/04/2025, which was Day 13, is considered out of time and too late to be delivered. This clearly falls outside the 14-day period as per law.

Additionally, this operator does not have a contract at this site to issue PCNs. The agreement service is incomplete, with several redacted boxes and no mention of Smart Parking being anything more than an agent. It lacks crucial information such as payment methods, parking duration, exemptions, operating hours, breach of contract consequences, and appeal processes. This lack of transparency undermines the service’s credibility.