Smart Parking - Parking Charge

NickyDe

To cut a long story short, family recently went to a local park in Milton Keynes on a very busy day. 

There was overflow parking on some grassy banks rather than the usual car park and due to there being no parking machines or signs on this temporary overflow parking we forgot to pay for parking.

captured on ANPR coming in and out of the park by a main road.

I wasn't driving the car.

2/3 weeks later this ticket arrives.

Date issued 22/05/2025.

Wondering what the best route to go down is?

thanks in advance.

Coupon-mad

That's non-POFA because it would have been deemed delivered on Tuesday 27 May (due to factoring in the bank holiday weekend).

This means they cannot, as a matter of law, hold the keeper liable.

Thing is, Smart just jumped to the IPC so there is no POPLA available. The keeper (you?) could try an appeal saying that:

- you weren't driving

- this is a non-POFA NTK so as a matter of law, the keeper (who wasn't driving that day) can't be held liable

- there were no signs in the overflow car park field used

- Smart have no landowner authority and only work under service agreements that position them as agents acting on behalf of of a principal and don't give them any standing to sue.

Do NOT use a template appeal. Then try the same thing at IAS and let's test them.

NickyDe

Thanks Coupon Mad.

To confirm yes I am the keeper

Am I a good to just copy the above points or is elaboration a good idea?

Also, I have just read the back of the letter and can see that POPLA is actually mentioned. (pictured below)

Not sure if this changes how I handle the situation?

Can you just confirm what acronym IAS stands for please?

Coupon-mad

The usual acronyms are in post 5 of the NEWBIES thread. If you don't know about the IAS you are gonna learn with this PCN!

Just copy the above points and check your junk emails weekly. Smart have form for not sending replies to appeals AT ALL so diarise to complain exactly on day 28 (from your appeal submission) if they don't reply.

Take a screenshot of your appeal and the fact it was submitted. Smart don't send a copy.

NickyDe

Cheers have read it before but clearly need to brush up on my knowledge!

Will do exactly that.

Just to confirm the PCN begins with a "SP".

Coupon-mad

Yes (SP) but not served in time for POFA to apply.

NickyDe

Thanks have appealed!

I actually did get an immediate confirmation email and copy of my appeal via email.

Maybe they have fixed up their game a bit. 

Coupon-mad

NickyDe said:

Thanks have appealed!

I actually did get an immediate confirmation email and copy of my appeal via email.

Maybe they have fixed up their game a bit. 

No - that's not what I meant.

NickyDe

UPDATE:

So Smart Parking have rejected the appeal and seem to have ignored all of my information around the temporary/overflow parking not being clearly signposted.

Wondering what the ideal next steps should be:

Gr1pr

Appeal as the non driving keeper to the IAS, based on Pofa2012 and no keeper liability 

There was a recent Smart case which won   ( or was withdrawn   ) for the same reason,  no keeper liability 

NickyDe

Gr1pr said:

Appeal as the non driving keeper to the IAS, based on Pofa2012 and no keeper liability 

There was a recent Smart case which won   ( or was withdrawn   ) for the same reason,  no keeper liability 

Is it best to get on it right away or wait till near the deadline to buy time?