(Yet another) Smart Parking post

whatshisname1234

Hi folks,

I need your help with a PCN from Smart Parking.

I've read a lot of info on here, but it is kind of confusing as to what to do, especially in my current situation.

They sent a PCN for a company vehicle that is leased, it was deemed to have parked in a car park for 51 minutes without paying. A little background on the apparent breach of terms… The driver was unaware that the car park at a restaurant/pub was paid, and the signage at the car park entrance was obscured by a tree. On top of that, the weather was terrible, and it was pouring down with rain.

We have appealed the PCN; it was rejected and has now been sent to a debt recovery agency (Debt Recovery Plus)…

Dear Sir,

Parking Charge Ref: SPXXXXXX
Vehicle Registration: XXXX XXX

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 17/06/2026 and issued by SPL ("SPL") to our company, XXXXXX Ltd ("XXXX"), in respect of an unpaid parking charge allegedly incurred at XXXXXXXXXXXXXX, on 1/06/2026.

We confirm that PAN is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

We trust that SPL is aware that in order to have the right to claim unpaid parking charges from a vehicle’s hirer, a creditor must deliver a Notice to Hirer in full compliance with the strict requirements of POFA. There are a number of reasons why SPL's Notice to Hirer did not comply with POFA; in order that you may understand why, we suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

As SPL has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that we may escalate the matter to POPLA.

Given there are no circumstances under which PAN could be liable for this charge, we therefore require, in writing, confirmation within 28 days of SPL's acceptance that it cannot and does not hold XXXX liable for this parking charge, and that this is now purely a matter between SPL and the driver.

Alternatively, should you still believe that SPL has a valid claim against XXXX, please provide us with the means to escalate our dispute to the Independent Appeals Service ("IAS").

Thank you for your cooperation, and we look forward to receiving this confirmation.
Yours faithfully

Fleet Manager,

They did respond about 15 days later, which, unfortunately, we missed…

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 07/08/2026.

Having noted your comments, we are satisfied that the Parking Charge has been issued correctly and your appeal is rejected.

We can confirm that the Parking Charge was issued due to insufficient paid time. Our payment system shows that no valid payment was made for your vehicle registration XXXXXXX for the 53 minutes that your vehicle remained on site.

As clearly stated on the car park signage, all motorists are required to purchase a valid ticket by entering the full and correct vehicle registration mark into the payment machine or by using an approved alternative payment method. A payment must be made to cover the full duration of the stay from point of entry to point of exit. As no payment was recorded for your vehicle, the Terms and Conditions have been breached. Thank you for your correspondence regarding the above Parking Charge.

The PC was issued because the vehicle was parked in breach of the terms and conditions displayed on signage at the location. After carefully reviewing the information you have provided, we are satisfied that the PC was issued correctly and therefore your appeal has been unsuccessful.

You have confirmed that you are the registered keeper of the vehicle but have declined to identify the driver at the time of the parking event. As the keeper, you were invited to provide the full name and serviceable address of the driver if you were not the person in control of the vehicle on the date in question. You have not done so.

While the provisions of Protection of Freedoms Act 2012 Schedule 4 relating to keeper liability do not apply at this location, this does not prevent us from pursuing the individual who was responsible for the vehicle at the time of the contravention. In the absence of driver details, and based on the information available, we are entitled to reasonably infer that the keeper was also the driver. This position has been supported in case law, including Elliott v Loake, where the court accepted that keeper responsibility may give rise to a reasonable inference as to the identity of the driver when no alternative explanation is provided.

You have not produced any evidence to demonstrate that you were not the driver, nor have you provided the details of the person who was driving. Accordingly, we are satisfied on the balance of probabilities that you were the driver at the time of the parking event and remain liable for the outstanding charge.

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,
Smart Parking Limited

As we missed the actual rejection, we have now missed the timeframe to complain to the IAB. In addition, it has now been sent to a debt recovery agency…

We are Debt Recovery Plus, we have been instructed to recover your debt.

Dear X XXXXXX

Our records show this parking charge has not been paid. Previously our client treated this as an oversight, non-payment is now seen as a deliberate choice. We cannot contest the charge, but we can make clearing your debt easier.

Visit www.paydrp.co.uk now or call us on 0208 234 6775 to discuss options.

Vehicle Registration: XXXX XXX
Amount Due: £170.00
Legal Action Status: Eligible
Reference Number: XXXXXXXXX
Parking Charge No.: SPXXXXXXXX
Parking Charge Date: 01/06/2026
Reason for issue: 05A - paid for insufficient time (ANPR)
Parking Charge Locations: XXXXXXXXXXXXX
Parking Charge Issuer: Smart Parking Ltd

Iva also noticed that Smart Parking are no longer a member of the BPA and are no longer listed on their website.

So now I've no idea what to do next. The only thing I can see to do now is just pay it so it doesn't increase further to £270; please can you folks help?

Le_Kirk

Don't pay. You could just wait for, after a flurry of debt collector letters (ignore them) for a letter before claim, use the standard response from the NEWBIE sticky 2nd post and then the N1SDT claim form.

whatshisname1234

Hi mate, I've read loads of information on this website over the last few months, including the newbie post, and in all honesty, as I said at the beginning of my og post, it's pretty confusing.

I submitted the appeal based on info found in there for company/leased vehicles (this post), now its been rejected, and its with the debt collection agency.

I'm going to try and submit an appeal to the landowner if i can find the information and also appeal with Debt Recovery Plus.

Would you be able to explain what the N1SDT claim form is please?

Gr1pr

Plan A is always COMPLAINT to the landowner, or landlord, or business ( not an appeal. )

Ignore the powerless debt collectors letters etc

A Money Claim N1SDT pack is issued by the CNBC in Northampton using MCOL and so is one of the legal forms in the pack, in simple terms, a court claim form , issued by DCB Legal on behalf of Smart Parking , like this one

https://forums.moneysavingexpert.com/discussion/6636943/dcb-legal-ltd-for-smart-parking-limited-court-claim-form

whatshisname1234

Thank you, I have submitted a complaint to the landowner now. Will see what happens.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82123497#Comment_82123497

"The only thing I can see to do now is just pay it so it doesn't increase further to £270"

You're joking! Nobody pays a penny.

These claims are a pushover. You don't seem to have seen @Umkomaas' thread about DCB Legal discontinuances!

"and also appeal with Debt Recovery Plus."

Errrr…no.

😀