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#Post#: 128303--------------------------------------------------
Smart Parking - Notice to Keeper
DIR By: McBeanMJ
Date: August 20, 2026, 4:51 am
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Repeat problem from same company at same location:
On 23/06/2026 the driver of the vehicle entered a car park at a
local gym - where the driver has been frequenting for the past 2
years. Upon entering the gym facility - the driver entered the
registration details of the vehicle into the provided parking
machine/ipad in the gym - as the driver has done on every
occasion of visiting this facility.
On the 13/08/2026 - some 7 weeks later - a PCN notice was
posted to the Keeper of the Vehicle - notifying them of a
parking charge.
The driver at the time is not the keeper of the vehicle.
#Post#: 128305--------------------------------------------------
Re: Smart Parking - Notice to Keeper
DIR By: jfollows
Date: August 20, 2026, 5:08 am
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You’ve done this before so you should know the process, please
read
HTML http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and post the documents as advised.
#Post#: 128306--------------------------------------------------
Re: Smart Parking - Notice to Keeper
DIR By: McBeanMJ
Date: August 20, 2026, 5:19 am
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Please see image of PCN attached.
No access to photos of the parking conditions.
I am spouse of the registered keeper of the vehicle.
HTML https://ibb.co/xRyyCJq
#Post#: 128313--------------------------------------------------
Re: Smart Parking - Notice to Keeper
DIR By: tincombe
Date: August 20, 2026, 6:12 am
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Best if we refer to the notice's title: Notice to Keeper.
Pl post the rest of the Notice to Keeper.
#Post#: 128315--------------------------------------------------
Re: Smart Parking - Notice to Keeper
DIR By: jfollows
Date: August 20, 2026, 6:18 am
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It seems that Smart is going back to being unable to issue
notices on time to be able to use PoFA 2012 to transfer
liability from the driver to the registered keeper.
If you look at cases from the last couple of days with "Smart"
in the title, and search the forum you should find similar
cases.
You can appeal as registered keeper without identifying the
driver on the basis that the notice was issued too late and
therefore you are not liable.
Smart will reject the appeal, the IAS will reject the appeal,
and you will have to file a defence to a county court claim
which - if properly defended - will likely be discontinued
before the claimant has to pay the court fee.
It will all take a number of months and you need to stay on top
of the process.
And, yes, the Read This First requests that you post all of the
notice.
#Post#: 128334--------------------------------------------------
Re: Smart Parking - Notice to Keeper
DIR By: McBeanMJ
Date: August 20, 2026, 7:26 am
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Thanks for the advice thus far.
When this situation was dealt with in the past - the below
message was submitted to Smart. A response from them indicated
that the PCN had been cancelled.
Not sure if the rules have changed since 2025 - but appreciate
the help.
I only have access to one side of the PCN at the moment - I can
attempt to get a picture of the reverse of the document and
upload it in due course.
"I have received your Parking Charge Notice SP50515098 for
vehicle registration mark LS64WZM, in which you allege that the
driver has incurred a parking charge. I am appealing as the
registered keeper of the vehicle. There is no obligation for me
to name the driver and I will not be doing so. My appeal is on
the following grounds:
1. No Keeper liability
You have failed to comply with the requirements of Schedule 4 of
the Protection of Freedoms Act (PoFA/"the Act"). The notice was
not delivered within the relevant period of 14 days beginning
with the day after that on which the specified period of parking
ended, stipulated by 9(5) of the Act, required by 9(4) of the
Act.
Date of parking event: 28/01/2025
Date of issue: 10/02/2025
Date the notice was "given" as per 9(6) of the Act: 12/02/2025
Time elapsed: 15 days
As you are unable to hold me liable as the registered keeper of
the vehicle, this appeal should be upheld.
2. Breach of the Private Parking Sector Single Code of Practice
(PPSSCoP)
Clause 8 of the PPSSCoP states:
8.1.1. The parking operator must not serve a notice or include
material on its website which in its design and/or language:
[...]
d) state the keeper is liable under the Protection of Freedoms
Act 2012 where they cannot be held liable.
As above, the notice has been issued too late to be delivered
within the relevant period prescribed by the Act. Despite this,
your notice claims that if the notice remains unpaid, you will
have the right to recover any unpaid charges from me, the
registered keeper, and further states that "This notice is given
to you under Paragraph 9(2)(f) of Schedule 4 of the Protection
of Freedoms Act".
Using such wording when you are aware that no such keeper
liability exists is a direct contravention of the PPSSCoP. In
light of this I require you to:
a) Immediately cancel the charge
b) Provide an explanation as to why the notice wrongly claims to
have been issued under Schedule 4 of the Protection of Freedoms
Act
I look forward to your confirmation that the charge has been
cancelled. If you choose to decline this appeal, you must issue
a POPLA code.
Many thanks."
#Post#: 128335--------------------------------------------------
Re: Smart Parking - Notice to Keeper
DIR By: InterCity125
Date: August 20, 2026, 7:32 am
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That should do it but it can only be sent by the RK.
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