Smart Parking Ltd - PCN

infamousmobb

Hi there,

Apologies - I know there are a million threads like this one, but I just want to make sure I've properly understood everything before taking the next step.

I received a PCN from Smart Parking Ltd for overstaying the maximum time in a car park at a retail park in Manchester. The Date of Contravention on the PCN is 26/05/2025, and the Date Issued is 09/06/2025.

I've read through the Newbies thread and several others. As advised, the first thing I did was to speak with the retailers I visited on the day to see if they could intervene, but unfortunately, they all said they couldn't help.

Following the Newbies thread, it seems the next step is to submit an appeal as the keeper, and not admit to being the driver. I've read through Schedule 4 of POFA 2012, and while the wording on the PCN seems to follow POFA, I believe the PCN is not POFA-compliant due to the timing of the notice.

If I’ve got this right:

• The 14-day period for delivery starts the day after the date of contravention, which would be 27/05/2025.

• That makes the 14th day (the deadline for delivery) 09/06/2025.

• The PCN was issued on 09/06/2025 — so even if it was posted that day, POFA assumes it would be delivered two working days later, on 11/06/2025.

• That would be outside the 14-day window, meaning the notice was not delivered in time to establish keeper liability under POFA.

If someone could please confirm if I've got this correct I'd really appreciate it!

Thanks!!

Coupon-mad

Correct - would have been impossible to lose at POPLA - but Smart have recently jumped to the IPC, which means the keeper only has the futile farce of IAS as second stage 'appeal'.

infamousmobb

Coupon-mad said:

Correct - would have been impossible to lose at POPLA - but Smart have recently jumped to the IPC, which means the keeper only has the futile farce of IAS as second stage 'appeal'.

Thanks for the speedy response! Does them jumping to IPC mean I have less chance of being able to fight the charge then?

Coupon-mad

No because you won't pay even if you lose (as 95% of people do at the IAS). It is a kangaroo court but it doesn't matter.

infamousmobb

Hi again, 

So I've had a letter to say they want to uphold the PCN. I've reviewed the newbies thread and it says that it's not worth appealing to IAS unless I feel I have a slam-dunk winning point. Based on my situation would you say I do have a good chance of winning an appeal or should I just ignore everything from now on?

Also, they've tried to say in their letter that "the parking contravention occurred on 26.05.25, the registered keeper details were received on 05.06.25, after which the PC was promptly issued within the 14 days required under POFA 2012." From my understanding though the 14 days should start the day after the date of contravention and not on the day they received the registered keeper details? 

Thanks!

Gr1pr

Do not appeal to the IAS

Do not ignore everything , meaning Do not ignore a Letter of Claim or a Court claim 

They have their own interpretation of the law, ignore their foolishness,  the law is clear

Coupon-mad

I disagree.

May as well try the IAS and as well as saying that the PCN arrived too late for keeper liability, include a point that Smart have no landowner authority.

In my view, Smart probably won't contest IAS appeals as they have no experience of second stage appeals. I predict they'll fold.

infamousmobb

Hey just a quick update - IAS have come back to me on my appeal to say that Smart Parking Ltd will no longer be pursuing the matter and the parking charge has been cancelled!

Thanks so much for all your help!

Gr1pr

Good to know, so coupon mad was correct,  Smart Parking are following the same pattern in the IPC as they did in the BPA, glad to hear it 

Coupon-mad

Glad to see that. Well worth noting for other Smart cases.

Smart never want to show their landowner authority - for some reason - and have no staff who are especially (or at all) familiar with winning second stage appeals.

Trying IAS made it too difficult for them!