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#Post#: 118851--------------------------------------------------
Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: big_bad_golf
Date: May 16, 2026, 8:33 am
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My relative as registered keeper has received the att. PCN from
Smart Parking.
As you can see it alleges a 4+hr stay at Bodmin services PL26
8UF, which seems unlikely at best for a small A-Road services.
However, being elderly there is no obvious 'smart phone' based
data we can use as loose evidence, e.g a photo 2 hrs later with
geodata 20 miles away.
They do agree that the photos provided show registration plates
matching, e.g. this is a mistake but not an OCR misrecognition
based one.
It states the date of contravention as 17/4/26 with date issued
as 05/05/26, received in post this morning.
He has only sent the front page for now but there is no option
to appeal on the front page, only pay!
HTML https://ibb.co/y2BWF0T
I will chase the rear ASAP.
#Post#: 118854--------------------------------------------------
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: jfollows
Date: May 16, 2026, 8:39 am
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HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 118855--------------------------------------------------
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: jfollows
Date: May 16, 2026, 8:41 am
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If the driver is not identified it seems likely that Smart has
issued the notice too late to hold the registered keeper liable.
#Post#: 118856--------------------------------------------------
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: big_bad_golf
Date: May 16, 2026, 8:43 am
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Thanks for reply, here's the rear image
I assume they KNOW it's non-compliant with POFA when they don't
even mention it themselves?
HTML https://ibb.co/zWW06ps9
#Post#: 118859--------------------------------------------------
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: jfollows
Date: May 16, 2026, 9:02 am
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Smart currently seem to have two templates, one of which
mentions PoFA 2012 and one of which doesn’t. As does Parking
Eye. So relatively easy to spot.
17/4 would normally require a posting/issue date of 29/4 or
earlier.
#Post#: 118863--------------------------------------------------
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: big_bad_golf
Date: May 16, 2026, 9:44 am
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Excellent, so assume I've done right by advising my relative to
use the reply template from here -
HTML https://www.ftla.uk/private-parking-tickets/pcn-cardiff-ncp/msg102882/#msg102882
--- Quote ---
> I am the keeper of the vehicle and I dispute your “parking
charge”. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client/landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of the Protection of Freedoms Act 2012 (PoFA
2012), you are unable to hold the keeper of the vehicle liable
for the charge. Partial or even substantial compliance is not
sufficient. There will be no admission as to who was driving and
no inference or assumptions can be drawn. COMPANY has relied on
contract law allegations of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some strained interpretation
of the law of agency. Your NtK can only ever attempt to hold the
driver liable.
>
> Further, you are now on notice that I am also reporting
COMPANY to the DVLA for breach of the Private Parking Single
Code of Practice, Section 8.1.1(d). You will be aware that DVLA
data access is conditional upon compliance obligations, and that
breaches engage your KADOE contract. I will not set out the
detail here; you are invited to look up Section 8.1.1(d)
yourself.
>
> COMPANY has no prospect of success at POPLA. You are urged to
save us both a complete waste of time and cancel this charge.
--- End Quote ---
Not had to deal with this since the days of PEPIPOO which I've
been advised this forum has many of the same contibutors?
Thanks again!
#Post#: 124357--------------------------------------------------
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: big_bad_golf
Date: July 11, 2026, 1:03 am
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Just a quick update. Potential success?
In years past I expected a brief 'you are not compliant' letter
to result in a salty 'as a gesture of goodwill...' reply, as
I've had an a couple of occasions.
Instead my relative soon got a reply to the informal challenge
saying that they couldn't care less about what they'd written
and the PCN stood.
I can see that times have changed and these companies are even
more brazen than ever. I don't think this should be compared to
the PO I.T affair,
and yet there is a certain similarity that I can imagine elderly
people with 'fines' escalating into the 100s as they simply do
not understand
what is going on, get bad advice, don't know how best to appeal,
etc.... And the use of taxpayer funded court infrastructure to
back up a racket is analogue.
Anyway, after that, I said 'sod it, I know this is usually a
total waste of energy, but maybe you should just try to contact
the services?'
My relative did - I don't have details, but apparently they
seemed reasonably interested rather than just saying 'nothing to
do with us' and hanging up.
I suspect this overstay is a known problem happening all the
time. They took the PCN number, reg number, stated it would be
cancelled. It's unfortunate
it was only over the phone. But, that was a month ago - I have
told him to be vigilant for any update from Dumb Parking, there
hasn't been a 'we've cancelled it'
letter, but also nothing else now for 6 weeks. No DCBL nonsense.
I'm aware that people talk of letters 2 years later. Fingers
crossed...
#Post#: 124359--------------------------------------------------
Re: Smart Parking PCN – Overstay – Cornwall Services PL26 8UF
DIR By: jfollows
Date: July 11, 2026, 1:36 am
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Good, you went down the route often referred to as “Plan A” both
here and on PePiPoo, ie contact the landowner.
File everything carefully in the absence of a formal
cancellation, they sometimes resurrect these things and have six
years in which to do so. But it looks good.
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