Smart Parking SP#

Umkomaas

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

17/04/2025 - Day 15 - A notice sent by post is deemed to be delivered ('given') 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 ('given')

Just a couple of tweaks. 

getitsorted0

Thanks @Umkomaas

Coupon-mad

And this intro is wrong:

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

No. Served not 'sent' (the day they put it in the post was too late).

Change this as shown:

"This clearly falls outside the 14-day period for service, as per law."

And remove your final sentence about 'undermines' and instead quote what the Code of Practice says about landowner authority:

Paragraph 14.1 of The Private Parking Sector Single Code of Practice defines the mandatory requirements, and the operator is required to provide strict proof of complete compliance:

‘Where controlled land is being managed on behalf of a landowner(s), before a parking charge can be issued written confirmation must be obtained by the parking operator from the landowner(s) covering:

a) the identity of the landowner(s)

b) a boundary map of the land to be managed;

c) such byelaws as may apply to the land relating to the management of parking;

d) the permission granted to the parking operator by the landowner(s) and the duration of that permission

e) the parking terms and conditions that are to be applied by the parking operator, including as appropriate the duration of free parking permitted, parking tariffs, and specific permissions and exemptions, e.g. for staff, residents or those stopping for short periods such as taxi and minicab drivers, delivery drivers and couriers;

f) the means by which parking charges will be issued;

g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs

h) the obligations under which the parking operator is working, in compliance with this Code and as a member of an ATA;

i) notification of the documentation that the parking operator may be required to supply on request to authorised bodies detailing the relationship with the landowner; and

j) the parking operator’s approach to the handling of appeals against parking charges.’

1505grandad

"The agreement service is incomplete,................"

Should that be the other way round?

Coupon-mad

1505grandad said:

"The agreement service is incomplete,................"

Should that be the other way round?

Yes there's no such thing as an 'agreement service'!

getitsorted0

@1505grandad may mistake it should say agreement schedule as that’s what the document is titled as. I have changed the wording. 

@Coupon-mad, I didn’t see the info regarding the code of practice for some reason until now and have now added that. 

Below is the revised version with all amendments, please let me know if further amendments are needed or if it’s okay for me to submit. 

Once again thank you to all of you. 

Under POFA regulations, Schedule 4, Para 9.4, a notice for unpaid parking charges must be served 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 alleged 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 given 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 given. This clearly falls outside the 14-day period for service, as per law.

Additionally, this operator does not have a contract at this site to issue PCNs. The agreement schedule 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.

Paragraph 14.1 of The Private Parking Sector Single Code of Practice defines the mandatory requirements, and the operator is required to provide strict proof of complete compliance:

‘Where controlled land is being managed on behalf of a landowner(s), before a parking charge can be issued written confirmation must be obtained by the parking operator from the landowner(s) covering:

a) the identity of the landowner(s)

b) a boundary map of the land to be managed;

c) such byelaws as may apply to the land relating to the management of parking;

d) the permission granted to the parking operator by the landowner(s) and the duration of that permission

e) the parking terms and conditions that are to be applied by the parking operator, including as appropriate the duration of free parking permitted, parking tariffs, and specific permissions and exemptions, e.g. for staff, residents or those stopping for short periods such as taxi and minicab drivers, delivery drivers and couriers;

f) the means by which parking charges will be issued;

g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs

h) the obligations under which the parking operator is working, in compliance with this Code and as a member of an ATA;

i) notification of the documentation that the parking operator may be required to supply on request to authorised bodies detailing the relationship with the landowner; and

j) the parking operator’s approach to the handling of appeals against parking charges.’

Given the aforementioned reasons, I firmly believe that the Parking Charge Notice should not have been served and is consequently required to be cancelled. 

Coupon-mad

Looks as good as you can get it.

getitsorted0

Good morning

It’s been around 9 weeks since I initially submitted my appeal which was on 02/05/2025

and on the 19/05/2025 submitted my evidence which went for assessment. 

The tracker currently shows:

Your appeal is being assessed

We have received information and evidence from the parking operator about your appeal. We have started assessing your appeal. You do not need to take any action.

The email sent to me on the 19/05/2025 states- 

Your appeal is now ready to be assessed and is currently in a queue waiting to be allocated. We expect to make a decision on your appeal 6-8 weeks from the point that the appeal was first submitted. The next communication that you will receive from us will be the decision on your appeal.

Maybe the delay is due to backlog? 

Should I give it another week before contacting them?

Thank you. 

Gr1pr

Yes, leave it for now, they will get around to it,  eventually,  give it another fortnight at least

getitsorted0

Thanks @Gr1pr for your reply.