Re Smart Parking Ltd

johnlodge423

Just received 2 parking charges from Smart Parking - Anyone know who they are? I know who the big boys are but I have never heard of these people.
They are not members of the BPA but are accredited to the IPC. Presumably the IPC has a code of conduct.
The site has a set of signs which are on the small side which could be considered too small.
The signs carry a list of tariffs based on time parked but there is no payment method available on site which seems odd.
Any suggestions to get me started on an appeal would be welcome.

Umkomaas

Smart Parking are one of the largest private parking firms in the country. Appeals to PPCs are almost always unsuccessful. Appeals to the IAS (the second stage appeals service for IPC member Smart) uphold only 4% in favour of the motorist. So with that landscape, ignoring anything further is likely to get you just as far as going through the charade of the two-stage appeals process. 

If you read the NEWBIES FAQ Announcement, first post, that will give you a starting point to understand private parking tickets. 

The one action you could take at this stage is to raise a complaint with the landowner and see if they can help to get the tickets cancelled - they often do. Plan A!

Come back if further down the road escalates - but I don't mean any debt collector stage (the NEWBIES FAQ Announcement, fourth post, deals with this). 

Do some reading of the above to fill in any gaps in your knowledge/understanding of the system. Confidence will help enormously. Key point - you don't pay an unregulated private parking company a penny, unless ordered to do so by a Judge. That's your legal position. 

Coupon-mad

Yes we know them. Search the forum!

  

johnlodge423

Thanks for the reply's - I see on the forum that pcn's should be sent within 14 days. I have received 2, one of which is 35 days old and one that is 50 days. Should I consider these invalid?

Gr1pr

No , they don't have to comply with Pofa2012,  plus it depends on if they issued a windscreen pcn or not, Pofa2012 is optional,  not mandatory,  so you have misunderstood Pofa2012 

There are no regulations that state that a pcn must be sent within 14 days , but their dvla KADOE contract states that keeper details must only be obtained within the first 6 months following the incident date and then they have one month to get the pcn to the keeper,  so 7 months,  so they clearly met that target 

Nothing makes the invoice invalid,  but it may be unenforceable 

hockeybeaver

I got my appeal upheld by IAS for a ticket from Smart Parking because it didn't comply with POFA 2012 so it's worth a try

Coupon-mad

hockeybeaver said:

I got my appeal upheld by IAS for a ticket from Smart Parking because it didn't comply with POFA 2012 so it's worth a try

Agreed. Some Assessors will accept an argument that the keeper isn't liable.

And if not, @johnlodge423 you'll NEVER have to pay this anyway. Very very easy to see off. Personally I find court defences ten times easier than daft IAS appeals.

johnlodge423

Which part of POFA2012 is relevant?. Also in my case there are many issues with their compliance with the IPC code of practice in the park. Would these stand up in an IAS appeal?

Many Thanks

Gr1pr

Compare your pcn to the Smart Parking compliant one in the newbies sticky thread in announcements,  plus Compare it to the non compliant one too, decide which you think it is

The IAS probably only uphold maybe 4% of appeals, so it would be foolish to predict any outcome at the flawed and biased IAS, Umkomaas hinted at this to you in his reply, so usually we do nit recommend an IAS appeal at all, but in Smart cases it can be worth a punt,  without expectation 

If you want to give it a go, do so, but expect a rejection,  not a win ( because a win is an unexpected bonus at the useless IAS )

The postal pcn must be fully compliant with all aspects of Pofa2012 in order to hold a keeper liable for the actions or inactions by the driver 

Pofa2012 doesn't count at all if a driver is known or revealed,  it goes into the nearest bin 

Smart Parking will work on the basis that the keeper was also the driver,  and that they complied with their KADOE contract,  and that they have a valid contract flowing from the landowner 

kryten3000

The notices are deficient because they were not served within 14 days - assuming the vehicle is owned and not leased/hired.

The IAS often like to say that this is irrelevant because the Single Code of Practice says that an operator can assume keeper was the driver (they can't) or will suggest the case of Elliott v Loake applies (it doesn't).

If you do an IAS appeal it is vital to address these arguments head on or they will just reject the appeal. Even them there is a chance they'll reject it anyway.

Gr1pr

If no windscreen pcns were issued,  plus if the drivers identity has not been revealed