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#Post#: 118481--------------------------------------------------
Smart Parking PCN - No ticket - Glen Lyn Car Park (North Devon)
DIR By: L11VYK
Date: May 12, 2026, 3:25 pm
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Received a parking charge notice mid June 2024 by Smart Parking
as the registered keeper. Ignored it, and now as the registered
keeper I have had a county court judgment come through which I
have sent in a defence:
How much of the claim do you dispute?
I dispute the full amount claimed as shown on the claim form.
Do you dispute this claim because you have already paid it?
No, for other reasons.
Defence
As the defendant, I deny the claim in its entirety. The Claimant
seeks £280.56 arising from a purported parking charge. The
Defendant has been contacted throughout solely as the registered
keeper of the vehicle. The identity of the driver at the
material
time has not been established and is not admitted. The Claimant
has no cause of action against the Defendant as keeper absent
strict compliance with PoFA 2012, Schedule 4, which the
Defendant
puts in issue.
n the absence of a contractual relationship between the
Defendant
personally and the Claimant, the Defendant owes no obligation
under contract law to pay any parking charge. Any contract for
parking — whether formed by entry onto the land, use of a car
park, or compliance with signage — could only have been formed
with the driver of the vehicle at the material time.
The Defendant was not the driver. The Defendant has not at any
point admitted to being the driver. The Claimant has never
established or identified who the driver was. It is therefore
the
Claimant's burden to either: (a) identify and pursue the actual
driver; or (b) establish keeper liability under the strict
statutory regime of PoFA 2012, Schedule 4. The Claimant cannot
do
both, and has thus far done neither.
I do not have a copy of the original parking charge notice.
I’ve now received a Notice of Proposed Allocation to the Small
Claims Track.
I realise I should have sought advice upon receipt of the first
letter, and instead took bad advice to ignore it.
What are my next steps?
#Post#: 118497--------------------------------------------------
Re: Smart Parking PCN - No ticket - Glen Lyn Car Park (North
Devon)
DIR By: DWMB2
Date: May 12, 2026, 5:04 pm
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We could do with seeing the particulars of claim to which that
defence is responding, and there is no harm in showing us the
Notice of Allocation.
It is unfortunate that you cannot show us the original notice,
but can we assume you had it at the point you submitted the
defence, given that your defence is based on the wording of the
notice and their alleged failure to comply with PoFA? It may be
wise to get hold of a copy before Witness Statements are due. A
SAR may be in order.
Although it is always for the claimant to prove you were the
driver, if they wish to pursue you as such, it is nevertheless
in your favour that you were not the driver, and are able to
positively state that in court and in written submissions under
penalty of perjury. If you have any additional evidence to
support this, no harm in having that ready for Witness
Statements, too.
#Post#: 118520--------------------------------------------------
Re: Smart Parking PCN - No ticket - Glen Lyn Car Park (North
Devon)
DIR By: Dave65
Date: May 13, 2026, 4:30 am
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Smart`s PPN`s from a while ago did not fulfil the criteria to
claim from the keeper.
So, as above we need to see a copy of the original PPN.
Never ignore these PPN`s, as you have found it can go to a court
claim.
#Post#: 119305--------------------------------------------------
Re: Smart Parking PCN - No ticket - Glen Lyn Car Park (North
Devon)
DIR By: L11VYK
Date: May 20, 2026, 7:37 am
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OK I've managed to get ahold of the original PCN, plus my email
response.
HTML https://drive.google.com/drive/folders/1uxqS6TTv3VrtTCXJFgtEMMAxzt9ejmEa?usp=sharing
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