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NTK Smart Parking OK Diner Northop Hall CH7 6HB

I was a passenger in one of two vehicles that stopped for 14 minutes in the OK diner, Northop Hall, car park on the 9/07/2026.

I received an NTK parking charge for both vehicles from SmartParking on the 25/07/2026

I don’t really want to have go back to take photos, but the only sign I saw stated that parking is for customers only. Since it was after 10p.m. and the ok diner was shut, and the car park was empty, I feel this is mean and ungracious, and I am grateful that we don’t all behave like that.

I would rather not pay it, and further to Gr1pr’s suggestion, I did a bit of research on POFA 2012.

I think the easiest way out for me is to appeal on a technical loophole, ie. Under POFA schedule 4, when a ticket is issued purely by post (via ANPR cameras), the Notice to Keeper must be delivered within a 14 day window beginning the day after the parking event

Parking Date. Thursday, 9 July 2026

Date Issued: Thursday, 23 July 2026 (The date printed on the NTK)

POFA Deadline.Thursday, 23 July 2026 (14 days later)

Date I Received the NTK . Saturday, 25 July 2026 (16 days after the event)

Because it arrived 2 days after the legal deadline, they have no lawful right to hold me, the registered keeper, liable for the fine. They can only pursue the driver, and I am under no legal obligation to identify who was driving.

My appeal against the charge should go --

Your NTK was not delivered until 25 July 2026, which is 16 days after the event. Because you missed the strict 14 day delivery window, you have forfeited any right to transfer liability for this charge to the Registered Keeper.

Now I hope this is right, and would be grateful if someone would advise me on whether I am correct in thinking this.

Comments

  • Gr1pr
    Gr1pr Posts: 15,778 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Definitely not a fine, ( magistrates issue fines, not private parking companies. ) just an invoice from a private parking company claimant

    Your other thinking is correct

  • Umkomaas
    Umkomaas Posts: 44,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    You’re correct on the PoFA 2012 point, but unfortunately Smart won’t accept it, but will plough on with the unfounded assumption that the keeper was the driver. You could try an IAS appeal, but they’re just as likely come up with the same crap!

    You’ll need to play the long game, up to dealing with a court claim, probably via DCB Legal. Loads of help here to deal with that, to ensure that DCB Legal discontinue later in the process. Please read my thread below.

    Main take-away point - NO PAYING!

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 165,227 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    @cooldude255220 wrote a winning IAS appeal for a Smart case earlier this Summer. So do copy that one at second stage.

    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
  • owainobscure
    owainobscure Posts: 5 Forumite
    First Post

    Thank you for your replies. You are right, Gr1pr, it’s not a fine, but the demands of these parking companies are presented in a such way as to try to make us feel that we are wrongdoers and not the victims of what can benevolently be described as sharp practice.

    And thank you coupon-mad, I will be submitting my appeal and have downloaded the cooldude appeal files.

  • Smart Parking rejected my appeal as expected, but the IAS accepted it, and confirmed that Smart Parking have cancelled the parking charge. Thanks to all of you for your help.

  • Gr1pr
    Gr1pr Posts: 15,778 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Please Post the decision in the IAS Decisions thread by Coupon Mad

    Well Done

  • Umkomaas
    Umkomaas Posts: 44,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    You’re now, officially, a member of the exclusive IAS 4% Club. Awards ceremony invite incoming! Nice one

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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