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#Post#: 113317--------------------------------------------------
Smart Parking NTK appeal rejected – no POFA keeper liability,
should I fight it?
DIR By: not_my_name
Date: March 15, 2026, 9:05 am
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Hi everyone,
I’m hoping to get some advice from people who have dealt with
private parking charges before or who know a bit about the legal
side of this. I'm based in England where it all happened.
I received a Notice to Keeper from Smart Parking Ltd after an
alleged overstay in a retail car park. According to them, the
vehicle overstayed the maximum free parking time. The alleged
contravention happened on 31 January 2026. The Notice to Keeper
was issued on 16 February and I actually received it on 20
February.
From what I’ve read, if a parking company wants to rely on
keeper liability under Schedule 4 of the Protection of Freedoms
Act 2012, the Notice to Keeper is supposed to be delivered
within 14 days of the alleged contravention. In this case it
looks like it was issued 16 days after the event and received
even later.
I appealed as the registered keeper and didn’t say who the
driver was. In the appeal I asked them to explain the allegation
properly and provide evidence. They’ve now rejected the appeal
and say the charge was issued correctly because the car park
allows a maximum stay of 180 minutes and the vehicle was
apparently there for 194 minutes.
What confused me is that in their response they specifically say
that Schedule 4 of the Protection of Freedoms Act 2012 (keeper
liability) does not apply at this location. Because I didn’t
identify the driver, they say they are entitled to reasonably
infer that the keeper was the driver and they even cite Elliott
v Loake as supporting case law.
From what I understand, if they’re not relying on POFA then they
can’t automatically hold the keeper liable and would have to
prove who the driver actually was. I deliberately didn’t name
the driver for that reason.
They’ve now said my only options are to pay (they’ve extended
the discount until the end of March) or appeal to the IAS, but
they warn that if I go to the IAS and lose I’ll have to pay the
full amount.
I’m trying to decide whether it’s worth fighting this further or
if I should just pay the discounted amount and move on. I’ve
read mixed things about the IAS and also about whether Smart
Parking actually take people to court.
Has anyone here dealt with Smart Parking in a situation like
this, or knows how strong their argument about “inferring the
driver” actually is?
Any advice would be really appreciated.
EDIT 1:
Correspondences in order:
NTK Received:
HTML https://postimg.cc/kRx3pVp2
My Appeal:
HTML https://postimg.cc/B8yrZcWG
Their rejection:
HTML https://postimg.cc/sGPqJkMC
#Post#: 113319--------------------------------------------------
Re: Smart Parking NTK appeal rejected – no POFA keeper
liability, should I fight it?
DIR By: jfollows
Date: March 15, 2026, 9:14 am
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Please read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and post as it requests, including the NtK.
If the NtK was dated as you say, then the liability can not be
transferred from the unknown driver to the registered keeper.
Most appeals on this basis are rejected, because the parking
companies only want your money and don’t care about the law, but
they are not “entitled” to make the assumptions about the driver
that they seem to claim. It’s their usual toxic nonsense in
which they make untrue statements because it makes it more
likely you believe them and pay them.
#Post#: 113320--------------------------------------------------
Re: Smart Parking NTK appeal rejected – no POFA keeper
liability, should I fight it?
DIR By: jfollows
Date: March 15, 2026, 9:15 am
---------------------------------------------------------
Please read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and post as it requests, including the NtK.
If the NtK was dated as you say, then the liability can not be
transferred from the unknown driver to the registered keeper.
Most appeals on this basis are rejected, because the parking
companies only want your money and don’t care about the law, but
they are not “entitled” to make the assumptions about the driver
that they seem to claim. It’s their usual toxic nonsense in
which they make untrue statements because it makes it more
likely you believe them and pay them.
Apologies for posting twice.
Appeal to the IAS, who will reject your appeal, ignore debt
collectors, come back when you get a Letter of Claim. The
process is to intimidate you into paying. In all likelihood, any
defended claim will be discontinued and you will pay £0.
#Post#: 113326--------------------------------------------------
Re: Smart Parking NTK appeal rejected – no POFA keeper
liability, should I fight it?
DIR By: not_my_name
Date: March 15, 2026, 10:50 am
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--- Quote from: jfollows link ---
>
> Please read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and post as it requests, including the NtK.
>
> If the NtK was dated as you say, then the liability can not be
transferred from the unknown driver to the registered keeper.
>
> Most appeals on this basis are rejected, because the parking
companies only want your money and don’t care about the law, but
they are not “entitled” to make the assumptions about the driver
that they seem to claim. It’s their usual toxic nonsense in
which they make untrue statements because it makes it more
likely you believe them and pay them.
>
> Apologies for posting twice.
>
> Appeal to the IAS, who will reject your appeal, ignore debt
collectors, come back when you get a Letter of Claim. The
process is to intimidate you into paying. In all likelihood, any
defended claim will be discontinued and you will pay £0.
>
--- End Quote ---
Thank you! Will do. I've also edited with screenshots of the
correspondence so far for context.
#Post#: 113338--------------------------------------------------
Re: Smart Parking NTK appeal rejected – no POFA keeper
liability, should I fight it?
DIR By: InterCity125
Date: March 15, 2026, 4:57 pm
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The bit on Elliott v Loake is total BS.
Elliott v Loake was a criminal case which turned on the facts of
the case - the vehicle keeper was found with the only set of
keys, only he was insured to drive the vehicle, he left forensic
evidence at the crash site and he was shown to have lied to
police in the investigation and again at Court!
I mean, can you imagine a criminal case being judged on
'reasonable assumption'???
#Post#: 124526--------------------------------------------------
Re: Smart Parking NTK appeal rejected – no POFA keeper
liability, should I fight it?
DIR By: A5599
Date: July 13, 2026, 11:05 am
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Hi Not_My_Name,
I have received the exact same wording on my NTK appeal
rejection letter from Smart Parking with respect to challenging
the PoFA keeper liability. Smart parking appear to use the same
template for anyone challenging on these grounds.
Can you share the outcome regarding your IAS appeal? I'm
weighing up my options currently and would like some good news
if you have any!
#Post#: 124528--------------------------------------------------
Re: Smart Parking NTK appeal rejected – no POFA keeper
liability, should I fight it?
DIR By: InterCity125
Date: July 13, 2026, 11:08 am
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--- Quote from: A5599 link ---
>
> Hi Not_My_Name,
>
> I have received the exact same wording on my NTK appeal
rejection letter from Smart Parking with respect to challenging
the PoFA keeper liability. Smart parking appear to use the same
template for anyone challenging on these grounds.
>
> Can you share the outcome regarding your IAS appeal? I'm
weighing up my options currently and would like some good news
if you have any!
>
--- End Quote ---
Could you please start your own thread and post up the PCN and
the rejection letter?
There's no problem in asking the OP how their case is going.
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