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       #Post#: 128303--------------------------------------------------
       Smart Parking - Notice to Keeper
   DIR By: McBeanMJ
       Date: August 20, 2026, 4:51 am
       ---------------------------------------------------------
       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
       ---------------------------------------------------------
       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
       ---------------------------------------------------------
       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
       ---------------------------------------------------------
       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
       ---------------------------------------------------------
       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
       ---------------------------------------------------------
       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
       ---------------------------------------------------------
       That should do it but it can only be sent by the RK.
       #Post#: 130906--------------------------------------------------
       Re: Smart Parking - Notice to Keeper
   DIR By: McBeanMJ
       Date: September 19, 2026, 6:50 am
       ---------------------------------------------------------
       Hi All - thanks for the help thus far - please see the response
       from Smart.
       “ 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 06/10/2026.
       As compliant members of the IPC and the Parking Sector Single
       code of Practice Smart Parking applies
       to the DVLA for registered keeper details, after a contravening
       parking event has been detected. Once
       details are received, a Parking Charge (PC) is promptly created
       and sent out via post the keeper of the
       vehicle. We can confirm that the above parking contravention
       occurred on 23/06/2026, the registered
       keeper details were received from the DVLA on 11/08/2026 after
       which the PC was promptly issued.
       This is compliant with the timeframes stipulated by the IPC.
       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.
       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 contravention of unauthorised parking
       occurred as your vehicle remained on
       site for 47 minutes. Having thoroughly reviewed our records we
       can confirm that we have not received
       Smart Parking Ltd. Registered Office: 5 South Inch Business
       Centre, Shore Road, Perth PH2 8BW
       Registered in Scotland. Company Registration No: SC138255
       any correspondence from the site/an authorised individual
       regarding your vehicle, on or before the date
       of contravention. Therefore, your vehicle was not authorised to
       remain on site as stated on the
       advertised Terms and Conditions.
       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,
  HTML 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.”
       #Post#: 130908--------------------------------------------------
       Re: Smart Parking - Notice to Keeper
   DIR By: jfollows
       Date: September 19, 2026, 7:17 am
       ---------------------------------------------------------
       It’s what they do.
       If they accept your valid appeal they get no money.
       If they deny your appeal then you might give them money.
       You need to appeal to the IAS on the same basis of
       non-compliance with the requirements of PoFA 2012 to hold you -
       the registered keeper - liable in place of the unknown driver.
       The IAS is in the pockets of the parking companies so will
       probably reject your appeal. It doesn’t matter. They will then
       raise a county court claim against you which you will defend and
       - in all likelihood - will be discontinued if you do so
       properly. The IAS appeal will document that you have followed
       the process and tried to avoid involving the courts.
       Their process is designed to wear you down, give up and pay them
       money. If you follow the process, for which you will get advice
       here, after a few months it’s very likely that they’ll give up.
       The IAS appeal costs the parking company something like £23 and
       who knows how much a bulk litigator will charge - just know that
       if you stick with it they’ll be out of pocket.
       #Post#: 130947--------------------------------------------------
       Re: Smart Parking - Notice to Keeper
   DIR By: Sander333
       Date: September 19, 2026, 2:26 pm
       ---------------------------------------------------------
       Appealing to IAS is part of the process they have as has been
       stated here is futile but necessary. You must forcibly put the
       Elliott Vs Loake to bed as early as possible. This was a
       criminal case whereby forensic evidence was available amongst
       other things so worth  a review A considered reply could be as
       follows if you require it.
       With reference  to Elliot v Loake (1982) as case law which
       supports the view that the owner of the vehicle, if there is no
       contrary evidence, is the driver.
       This is an incorrect representation of the case for the
       following reasons:
       The facts of the case are that the appeal judge ruled that the
       appellant was the driver because of the ample evidence that he
       was the driver, and not, as you incorrectly state, because of
       the lack of evidence as to who the driver actually was.
       In the case there was ample evidence that justified the
       magistrates to conclude that this man was driving his blue
       sports car on the night when it collided with the stationary
       car.
       Additionally, a crucial part of the case was that forensic
       evidence showed that the appellant lied. Other material facts
       were that the driver had the only keys in his possession that
       night and that no-one else had permission to drive the car.
       This case does not therefore introduce any binding legal
       principal as this case turned on its own facts. If any principle
       can be adduced, it is the well known principle that once a
       witness has been proven to have lied in one respect, it is
       likely that their evidence elsewhere is also false.
       You are also reminded you of the general principle that the
       claimant has to prove their case. You have shown no evidence I
       was the driver. This is because you cannot, because I was not
       the driver if that is the case.
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