Smart Parking & IAS

iTraxx

Dear All,
I recently received a PC from Smart Parking for not paying for sufficient time at the under store car park at M&S in Sevenoaks.
When we entered the car park there were no available spaces and therefore we waited, just under 10 mins, for one to become available. We then parked and paid.
I appealed the PC ( without indicating who was driving) to Smart Parking on the basis that i had paid for the time that we were actually parked but unsurprisingly they decided to uphold the penalty.
They state that the PC was issued under POFA 2012 that the contravention occoured on 14/06/25 and that the registered keeper details were received on 24/06/25 after which the PC was issued within the 14 days required, i was invited to provide the drivers details etc etc...
"In the event that you fail to provide these details we will use the provisions under POFA 2012 to purse you, the registered keeper for the outstanding balance."
Do i appeal to IAS in the same way as one used to with POPLA? is the outcome nearly always the same or have things changed with the introduction of using IAS?
(Smart Parking letter below)
Many thanks.

Parking Charge: SP********

Thank you for your recent communication.

Having considered your appeal in detail we have decided to uphold the Parking Charge (PC) as we

believe that it was correctly issued in accordance with the terms and conditions advertised within the

area concerned. As your appeal was received within the initial discount period, we have extended the

discount period until 28/08/2025.

As you were informed in our initial correspondence, we can confirm that the above parking charge was

issued under the Protection of Freedoms Act 2012 (POFA 2012). The parking contravention occurred

on 14.06.2025, the registered keeper details were received on 24.06.2025, after which the Parking

Charge (PC) was promptly issued within the 14 days required under POFA 2012. You were also invited

to provided us with the driver’s full name and current postal address, if you were not the driver at the

time of the parking event.

If you wish to provided driver details please send them via email to:

COD@smartparking.com

In the event that you fail to provide these details, we will use the provisions under POFA, 2012, and

continue to pursue you the registered keeper, for the outstanding balance.

Failure to provide these details, will result in Smart Parking using the provisions under POFA, 2012 to

pursue you, the registered keeper, for the outstanding balance of the PC.

We note the comments made within your appeal; however, we cannot rescind the PC on this basis. We

wish to confirm that the contravention of insufficient paid time occurred as our system confirms that

whilst 30 were purchased against Vehicle Registration Mark (VRM) ** ** ***, your vehicle remained on

site for 40 minutes. The signage onsite clearly informs motorist that they are required to purchase a

valid ticket for the full duration of their vehicles stay onsite. Furthermore, additional time can be

purchased at any point during throughout your vehicles stay, before exiting the car park, allowing for

any unexpected overstays due to circumstances such as those outlined in your appeal.

We wish to inform that the car park in question is operated by ANPR cameras system which captures

images of your vehicle entering and exiting the site, which subsequently calculates your total stay

duration. This information is then paired with the information entered into the payment

machine/alternate payment option, to establish whether or not the correct payment has been made

against the full and correct vehicle registration for the total duration the vehicle is on site - this is

calculated from the time of entrance to the time of exit.

As the vehicle was on site in excess of the parking time purchased and no valid additional payment

were made to cover the entire parking duration, we wish to advise that the advertised Terms and

Conditions were breached. Subsequently the PC has been issued correctly. The Terms and Conditions

of the car park are clearly advertised around the site and must be adhered to by all drivers.

You have now reached the end of our internal appeals procedure and therefore you now have two

options, you can pay or appeal further with IAS – you cannot do both.

The Appellant has the right to appeal to an Independent Appeals Service, (IAS) using the instructions

below. Please note, should you decide to appeal to the IAS, and your appeal is subsequently rejected,

the option to pay a discounted amount will no longer be available and the full amount of the PC will be

due.

If the appellant decides to appeal to the IAS, they will need to visit the website, https://www.theias.org/

where further details of how to appeal can be found. The appellant has 28 days from the date of this

letter to submit an appeal to IAS.

Alternatively, your 3 payment options are:

• By Post: Please send a cheque or postal order (payable to Smart Parking Ltd) to Smart Parking

Ltd, Unit 43, Elmdon Trading Estate, Bickenhill Lane, Marston Green, Birmingham B37

7HE.

• By Web: To make a payment online with a debit or credit card, please visit

www.smartparking.com and have your Parking Charge number to hand.

• By Phone: Pay via our 24 hour automated telephone payment service on 0330 057 6230.

Please have your Parking Charge number to hand. Please note that calls to this number cost

up to 7p per minute, plus your phone company’s access charge.

Yours sincerely,

Gr1pr

Definitely not a Penalty,  so refrain from using that word

Was the driver revealed   ?

Does that NTK PCN letter comply with Pofa or not   ?

Your IAS appeal will major on no landowner contract,  same as in other recent cases 

iTraxx

Parking charge, sorry, my mistake.
The driver was not revealed.
I am not sure, does it?
I have written to the Landowner to confirm if there is a current and valid contract.

Gr1pr

Compare your NTK pcn letter with the examples by coupon mad in the newbies sticky thread in announcements,  checking if its compliant or not compliant 

Coupon-mad

What's the date it was supposedly issued/posted?

iTraxx

Coupon-mad said:

What's the date it was supposedly issued/posted?

it was issued on 26/06/25

Gr1pr

iTraxx said:

Coupon-mad said:

What's the date it was supposedly issued/posted?

it was issued on 26/06/25

Then they failed to comply with Pofa2012,  because the 26th June is a Thursday,  so presumed delivered 2 business days later,  on Monday 30th June 

Had they issued and posted it earlier that week,  it would have arrived within the 14 days,  but they failed,  so we're late 

Appeal based on no landowner contract and failing to comply with Pofa2012,  but you will have to spell it out 

( ps, I don't care if you asked the landowner,  because Smart parking don't like to reveal contracts,  even if they have one , so you are making them prove their case to the IAS,  same as people did at popla   )

Car1980

Appalling "appeal" response.

"We have declined your appeal for the following reason: we have decided to decline your appeal."