Driver details disclosed - Smart Parking Ltd

justcause

Hello. I rent a car for my work, NTK was set to the business I rent from, forwarded to me and I appealed explaining the circumstances, I was dropping people off as part of my job, including a screenshot of the job I was on, No surprise the appeal was declined. It's an APNR system in operation. I did state it was myself driving, I appealed in good faith before coming across this forum. Now after reading through various posts and rules I understand I shouldn't have admitted it was me driving. The NTK is from Smart Parking Ltd and I believe it falls outside of regs but also that ship has probably sailed after my appeal. I did return to the site to take pictures of signage which might not be up to regs, I can post pictures if requested.

I have until Wednesday 14th May to appeal to POPLA. Where do I stand and do I have any chance of getting the charge cancelled?

Many thanks!

ChirpyChicken

Just use this text for popla That's the end of the matter 
"This operator has no contract at this site to issue PCN's"

Will be cancelled in due course

Coupon-mad

Yep.

That one-liner works every time! Trust us.

justcause

Thank you, I will follow your advice, however on the signage in very small print it does say car park managed on behalf of The Parks Trust and online I can see something saying a 5 year contract was awarded in 2022.

Not doubting your advice but just wanted extra peace of mind before submitting the one liner to POPLA.

ChirpyChicken

Use the one liner . Advice isn't going to change for smart parking 

justcause

Thank you!

justcause

UPDATE.
I submitted appeal to POPLA as advised above but the operator has now come back with its evidence including signage at location, the PCN along with my appeal, a case summary and Schedule 1 service details. I can upload the schedule 1 service details if required. I now have 7 days to counter with POPLA, do I just use the one liner again or what steps do I need to take next?

Coupon-mad

Read the other two threads from yesterday where we advised already.

justcause

I’ve read the thread by getitsorted0. 

Just some clarification please. 

PCN Timeline
26/03/25 - Date of alleged contravention 
27/04/25 - Day 1
7/5/25 - Day 12 - Date of issue 
8/5/25 - Day 13
9/5/25 - Day 14

So if I’m not mistaken the NTK falls within schedule 4? Sorry bit confused on this point. 

Secondly I’m going to add the schedule 1 the operator uploaded as part of their evidence. It seems to fall in line with what getitsorted received, key information missing, doesn’t even have the operators or land owners name, I blacked out the site part to potentially avoid identifying myself. I also noticed it states Service commencement date 01/05/22 but the Go live date is missing. 

From what I can make out I would appeal based on my second point?

justcause

Also I’ve just gone through the signage pictures they’ve uploaded of the site and it’s a different site!

Coupon-mad

justcause said:

Also I’ve just gone through the signage pictures they’ve uploaded of the site and it’s a different site!

Say that and explain in your comments how you know. Show how POPLA can see this from the evidence: e.g. I assume their pictures clearly don't match the 'site diagram' appendix that the above schedule refers to?

And use the same wording seen in the other two Smart cases at the same stage, talking about what's missing from that schedule (which isn't a full landowner authority document that POPLA could possibly accept). Quote the entire clause about landowner agreements from the Joint Code.