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Smart Parking LTD (parking charge, my appeal and rejected appeal)

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Hi guys,

I wonder what my next steps are, I received the below PCN 1st July, the date of the incident was 17/05/2025 and date of issue was 30/05/2025. On the day it was my sister driving the car in North Wales and she'd gone for a long walk with the dog but parked in the car park not knowing it had a time limit. Anyway I don't want these scammers taking my money, so I did appeal this saying I wasn't the driver.

Details of the PCN below.


 
So I appealed this parking ticket on 09/06/2025 through Smart Parking website with the below response.

__________________

Dear Smart Parking,

I wish to appeal against Parking Charge Notice [SP52689883]

I am the registered keeper of vehicle Y??? G??, and I am appealing this Parking Charge Notice.

You have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, and as such, you cannot hold me liable as the registered keeper. I was not the driver and am under no obligation to name them.

Therefore, you must cancel this charge immediately.

Please do not insult my intelligence by implying PoFA applies or suggesting keeper liability where it clearly cannot.

Should you refuse, I will require a POPLA code so I can escalate the matter.

Yours faithfully,

S???? K?????
Registered Keeper

________________

I have now got a response (below) on 23/06/2025 by email with the attached PDF and they have rejected my appeal.





______________________________


What should I do next and have I approached this the correct way?
Should they have provided a 
POPLA code (I mentioned it in my appeal to them) or is that for me to do?

Thanks in advance for all the help, I've been scanning with interest all the advice and you guys are amazing the amount of people your helping from these cowboys.
«1

Comments

  • Gr1pr
    Gr1pr Posts: 8,421 Forumite
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    edited 24 June at 9:36AM
    No popla,  not since they left the BPA AOS members list recently,  no chance of that happening , especially as they mentioned the IAS , not POPLA

    Just ignore them for now 

    Come back to this thread if or when you receive a Letter of Claim giving you 30 days notice,  or a court claim 

    Meanwhile,  check the NTK PCN letter for Pofa2012 compliance,  or not, the reference may be a clue

    Plus they failed to get the pcn to the keeper by day 15, issued 13 days later, presumed delivered 2 days later, misses the 14 day target   IMHO
  • skbytes
    skbytes Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper
    What happens if I get this? "Letter of Claim giving you 30 days notice,  or a court claim"
    and is it any good to ignore them?
  • Gr1pr
    Gr1pr Posts: 8,421 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    You follow the advice given here by coupon mad in the newbies sticky thread in announcements 

    Depends what you mean by good  ?

    Your choices are 

    Pay them   ( not recommended   )

    Appeal to the IAS , (  usually futile,  but try if you want to  )

    Or IGNORE them unless they try the legal options I mentioned 

    My advice is the last one above,  to IGNORE them for now
  • skbytes
    skbytes Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper
    Gr1pr said:
    You follow the advice given here by coupon mad in the newbies sticky thread in announcements 

    Depends what you mean by good  ?

    Your choices are 

    Pay them   ( not recommended   )

    Appeal to the IAS , (  usually futile,  but try if you want to  )

    Or IGNORE them unless they try the legal options I mentioned 

    My advice is the last one above,  to IGNORE them for now
    "coupon mad in the newbies sticky thread in announcements" I'll look at this now and ignore them.
    thank you :-)
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you exhausted Plan A yet, a complaint to the landowner and your MP from the vehicle keeper, without identifying the driver.

    You should also check the NTK to see if it is or is not PoFA compliant. If it is not, then the keeper cannot be held liable. It is important if that is the case that the driver's identity is never revealed. I suggest you edit your initial post to remove information about the driver's identity, and redact your PCN number.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • skbytes
    skbytes Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper
    Fruitcake said:
    Have you exhausted Plan A yet, a complaint to the landowner and your MP from the vehicle keeper, without identifying the driver.

    You should also check the NTK to see if it is or is not PoFA compliant. If it is not, then the keeper cannot be held liable. It is important if that is the case that the driver's identity is never revealed. I suggest you edit your initial post to remove information about the driver's identity, and redact your PCN number.
    So I took your advice Fruitcake and I also GR1pr advice too and then run it through AI (Chatgpt) to check the NTK and there rejection, AI totally ripped it apart, it just shows you what these cowboys do to many who end up paying.

    The results from AI are below.













    Thanks guys, you've been a massive help in trying to understand it all. I'll ignore these cowboys.
  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 June at 1:08AM
    Please don't use Chat GPT.

    Not only is it utter crap as a resource (and at writing in normal English), but if you only showed them page one (as you only showed us page one) how on earth can that stupid AI bot conclude that the NTK doesn't include the 9(2)f warning ... which you can easily check yourself against our NTK pictures thread!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • skbytes
    skbytes Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper
    edited 24 June at 6:50PM
    Please don't use Chat GPT.

    Not only is it utter crap as a resource (and at writing in normal English), but if you only showed them page one (as you only showed us page one) how in earth can that stupid AI bot conclude that the NTK doesn't include the 9(2)f warning ... which you can easily check yourself against our NTK pictures thread!
    Yes, I agree it can be utter crap.... I'm not here to argue whether AI is correct or not but it did pick up points that I didn't know of.

    I did uploaded a picture of both pages to my NTK to AI the front page and back page (below taken from above).



    Yep, I agree I didn't post the back page on here, that's my fault and I'm sorry for that.

    Here is the back of the NTK I put through AI.



    Thanks Guys, for the feedback.
  • skbytes
    skbytes Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper
    Please don't use Chat GPT.

    Not only is it utter crap as a resource (and at writing in normal English), but if you only showed them page one (as you only showed us page one) how in earth can that stupid AI bot conclude that the NTK doesn't include the 9(2)f warning ... which you can easily check yourself against our NTK pictures thread!
    Is the NTK pictures thread.... a pinned thread, I'll take a look if I can find it. I've had a look at some of your pinned posts.
  • Castle
    Castle Posts: 4,788 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You've left a VRM showing at the top of the second page.
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