Smart Parking - Parking Charge

Umkomaas

Absolute template that could be used for any P&D parking scenario. However, It's still good to know that our anonymous barrister or solicitor has 'some sympathy'!  Nevertheless, appeal dismissed. Good ol' IAS!

Template dross!

No need to pay a private parking charge from any private parking firm, unless or until instructed to do so by a Judge. The charge is not a debt until confirmed as such by the court. 

Coupon-mad

NickyDe said:

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 said:

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.

Bazarius said:

This appeal should succeed at IAS.

You may wish, if it’s still possible, to expand further on the operator’s failure to comply with Schedule 4 of the Protection of Freedoms Act 2012, specifically paragraphs 9(5) and 9(6), which set out strict timelines and conditions for establishing keeper liability.

The operator’s misrepresentation and attempt to invoke POFA, despite the notice being deemed given  outside the statutory timeframe, constitutes a significant breach of the Code of Practice. This breach carries  a minimum of two sanction points on first offence , minimum of 1 point thereafter 

NickyDe said:

So..... Smart parking have responded to the appeal and written the following;



It seems like they have completely ignored the lack of land owner authority point and simply re stated there was adequate signage and I overstayed on time.

They have also attached a site map which shows a layout of the park in question and where certain pay machines and sigs are posted,(along with some other random photos of signs at the site) if helpful I can share these.

It seems like if I was to respond I would be merely repeating what I've already stated. 

Would it be best to just refer the case to arbitration straight away? 

NickyDe said:

well my IAS Appeal was rejected so I guess I just wait for the the court letter to arrive and then go through the MCOL/court appeal process.

IAS appeal reply is below

Gr1pr said:

Typical template dismissal,  must have taken at least 5 minutes 

Umkomaas said:

Absolute template that could be used for any P&D parking scenario. However, It's still good to know that our anonymous barrister or solicitor has 'some sympathy'!  Nevertheless, appeal dismissed. Good ol' IAS!

Template dross!

No need to pay a private parking charge from any private parking firm, unless or until instructed to do so by a Judge. The charge is not a debt until confirmed as such by the court. 

That so-called decision is ENTIRELY a boilerplate IAS template. They are getting worse each year.

There is nothing in this joke adjudication' that even pays lip service to considering your appeal points or the evidence from either party. They have ignored the fact that Smart have tried to invoke keeper liability (a code breach) when the NTK dates made POFA a non-starter.

That has taken three minutes flat and could even be AI generated, it's that bad.

Even the 'some sympathy' line is a template seen every time.

The IAS rejecting 95% of 'adjudicated' disputes is a big cause of IPC cases flowing to court because there is no independent or impartial ADR. Therefore good people (who would NEVER normally risk court) are either nigh on guaranteed to lose or they just don't bother because there is no 'buffer': nobody has any confidence in the IAS kangaroo court.