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#Post#: 70548--------------------------------------------------
Smart Parking Notice
DIR By: insatiable
Date: May 8, 2025, 9:04 am
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Received this penalty notice. I thought I had paid the massive
£1 to park - clearly I didn't. So now they want £60 for 20
minutes :(
I note they have mentioned the PoFA 2012 element. Is there
anything I can do here?
Images attached.
Thanks for any help!
[attachment deleted by admin]
#Post#: 70549--------------------------------------------------
Re: Smart Parking Notice
DIR By: DWMB2
Date: May 8, 2025, 9:16 am
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They might refer to the Protection of Freedoms Act, but they've
not complied with it! One of the requirements is to deliver a
notice within 14 days. They sent theirs on day 14, and it is
presumed delivered 2 working days later, too late to hold the
keeper liable!
Are you the registered keeper of the vehicle? If so, appeal
online as the keeper only (choosing 'other' under reason for
appeal) with the below:
[indent]Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you claim to be able to hold me liable under
Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"),
but this is not true. You have failed to deliver the notice
within the relevant period of 14 days as required by paragraph
9(4) of the Act.
Date of parking: 14/04/25
Date of issue: 28/04/25
Date of presumed service under 9(6) of the Act: 30/04/25
Days elapsed: 16 days
I am appealing as the registered keeper. There is no obligation
for me to name the driver and I will not be doing so. I am
therefore unable to help you further with this matter, and look
forward to your confirmation that the charge has been cancelled.
If you choose to decline this appeal, you must issue a POPLA
code.
Yours,
[/indent]
If appealing online, be careful there are no drop down/tick
boxes that cause you to identify who was driving, and keep a
close eye on your spam folder for their response. If they do not
respond within 28 days, chase them.
#Post#: 70552--------------------------------------------------
Re: Smart Parking Notice
DIR By: jfollows
Date: May 8, 2025, 9:27 am
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Smart will reject the appeal “after careful consideration” or
similar guff, and state incorrectly that they comply with PoFA
2012 by posting the notice within 14 days, but will supply a
POPLA code with which the notice will eventually be cancelled.
Smart are either stupid, or tell fibs, or both, in order to
maximise their chances of getting hold of your money.
Stay the course and you’ll pay £0.
#Post#: 70558--------------------------------------------------
Re: Smart Parking Notice
DIR By: DWMB2
Date: May 8, 2025, 9:47 am
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Their misrepresentation is grounds for complaint - you could
complain now, but my personal recommendation would be to wait
for them to respond to your appeal. I'll explain my reasoning -
when they respond, they are likely to reject your appeal, as
jfollows says above, citing their false claim that the notice
must be 'issued' within 14 days, which is not true.
This doubling down by them rules out the possibility of the
inclusion of the PoFA wording on the PCN being a simple honest
mistake, and exposes them as deliberately misrepresenting their
position, strengthening your complaint.
#Post#: 70594--------------------------------------------------
Re: Smart Parking Notice
DIR By: b789
Date: May 8, 2025, 3:04 pm
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Use the following template to make a formal complaint to the
DVLA about the fact that they have issued an NtK that breaches
the PPSCoP section 8.1.1(d) and therefore the KADOE contract:
--- Quote ---
> Here’s how to make a DVLA complaint:
>
> [indent]• Go to:
HTML https://contact.dvla.gov.uk/complaints
> • Select: “Making a complaint or compliment about the Vehicles
service you have received”
> • Enter your personal details, contact details, and vehicle
details
> • Use the text box to summarise your complaint or insert a
covering note
> • You will then be able to upload a file (up to 19.5 MB) —
this can be your full complaint or supporting evidence
> That’s it.[/indent]
>
> The DVLA is required to record, investigate and respond to
every complaint about a private parking company. If everyone who
encounters a breach took the time to submit a complaint, we
might finally see the DVLA take meaningful action—whether that
means curtailing or removing KADOE access altogether.
>
> For the text part of the complaint the webform could use the
following:
>
> [quote]I am submitting a formal complaint against [INSERT PPC
NAME], an [INSERT IPC or BPA] AOS member with DVLA KADOE access,
for breaching the BPA/IPC Private Parking Single Code of
Practice (PPSCoP) after obtaining my personal data.
>
> While the Operator may have had reasonable cause at the time
of their KADOE request, their subsequent misuse of my
data—through conduct that contravenes the PPSCoP—renders that
use unlawful. The PPSCoP forms an integral part of the DVLA’s
governance framework for data access by private parking firms.
Continued access is conditional on compliance.
>
> The DVLA, as data controller, is obliged under UK GDPR and the
Data Protection Act 2018 to investigate and take enforcement
action when data is misused following release. This complaint is
not about whether the data was obtained lawfully at the outset,
but whether its subsequent use breached the terms under which it
was provided.
>
> I have prepared a supporting statement setting out the nature
of the breach and the Operator’s actions, and I request a full
investigation into this matter. I have attached the supporting
document.
>
> Please acknowledge receipt and confirm the reference number
for this complaint.
--- End Quote ---
Then you could upload the following as a PDF file for the formal
complaint itself:
--- Quote ---
> SUPPORTING STATEMENT
>
> Complaint to DVLA – Breach of KADOE Contract and PPSCoP
>
> Operator name: [INSERT PPC NAME]
> Date of PCN issue: [INSERT DATE]
> Vehicle registration: [INSERT VRM]
>
> I am submitting this complaint to report a misuse of my
personal data by [INSERT PPC NAME], who obtained my keeper
details from the DVLA under the KADOE (Keeper At Date Of Event)
contract.
>
> Although the parking company may have had reasonable cause to
request my data initially, the way they have used that data
afterwards amounts to unlawful processing. This is because they
have acted in breach of the BPA/IPC Private Parking Single Code
of Practice (PPSCoP), which is a mandatory requirement for
access to DVLA keeper data. The PPSCoP forms part of the
framework that regulates how parking companies must behave once
they have received keeper data from the DVLA.
>
> The KADOE contract makes clear that keeper data may only be
used to pursue an unpaid parking charge in line with the Code of
Practice. If a parking company fails to comply with the PPSCoP
after receiving DVLA data, their use of that data becomes
unlawful, as they are no longer using it for a permitted
purpose.
>
> In this case, [INSERT PPC NAME] has breached the PPSCoP in the
following ways:
>
> [INSERT A SHORT SUMMARY OF THE BREACH(ES), e.g. failure to
follow grace periods, misleading notices, refusal to engage with
a complaint, pursuing a charge despite having evidence of
disability or mitigation, etc.]
>
> These are not minor or technical breaches. They show a clear
disregard for the standards required under the current single
Code. As a result, the operator is no longer entitled to use the
keeper data they obtained from the DVLA, because the purpose for
which it was provided (a fair and lawful pursuit of a charge
under the Code) no longer applies.
>
> The DVLA remains the Data Controller for the data it releases
under KADOE, and is therefore responsible for ensuring that
personal data is not misused by third parties. This includes
taking action against AOS operators who breach the conditions
under which the data was provided. I am therefore asking the
DVLA to investigate this breach and to take appropriate action
under the terms of the KADOE contract.
>
> This may include:
>
> [indent]• Confirming that a breach has occurred
> • Taking enforcement action against the operator
> •Suspending or terminating their KADOE access if
warranted[/indent]
>
> I have attached relevant supporting material with this
statement. Please confirm receipt and provide a reference for
this complaint. I am also happy to provide further information
if required.
>
> Name: [INSERT YOUR NAME]
> Date: [INSERT DATE]
--- End Quote ---
[/quote]
#Post#: 70595--------------------------------------------------
Re: Smart Parking Notice
DIR By: insatiable
Date: May 8, 2025, 3:07 pm
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Wow. You guys are super helpful.
Thanks so much.
I'll get all this done and report back what happens.
#Post#: 70694--------------------------------------------------
Re: Smart Parking Notice
DIR By: insatiable
Date: May 9, 2025, 9:16 am
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I have decided to post my response rather than use the online
form. I don't want to give them a load of data.
It is interesting about the dates of issue etc, as they claim
April 28th. But that means it took 7-8 working days to get here!
I know the Royal Mail isn't the best nowadays, but I think
someone is telling porkies.
#Post#: 70699--------------------------------------------------
Re: Smart Parking Notice
DIR By: DWMB2
Date: May 9, 2025, 9:40 am
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I submitted a Smart Parking appeal earlier this week by
coincidence - the only data you have to provide on the online
form that you don't have to provide when submitting by post is
your email address. The only other information required is your
name and address, which they already have.
If you have sent it by post, I hope you acquired a free
certificate of posting from the post office, so that you have
evidence that you sent it, if they subsequently claim not to
have received it.
--- Quote ---
> I know the Royal Mail isn't the best nowadays, but I think
someone is telling porkies.
--- End Quote ---
They'll be using a third party mail consolidator which are often
somewhat slower.
#Post#: 70703--------------------------------------------------
Re: Smart Parking Notice
DIR By: insatiable
Date: May 9, 2025, 10:43 am
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Got it, thanks and good point [member=103]DWMB2[/member] I have
now done the online form.
Thanks again.
#Post#: 72200--------------------------------------------------
Re: Smart Parking Notice
DIR By: insatiable
Date: May 19, 2025, 10:01 am
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I have received this back::
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 04/06/2025.
As you were informed in our initial correspondence, we can
confirm that the above parking charge was
issued under the Protection of Freedoms Act 2012 (POFA 2012).
The parking contravention occurred
on 14.04.2025, the registered keeper details were received on
24.04.2025, after which the Parking
Charge (PC) was promptly issued within the 14 days required
under POFA 2012. You were also invited
to provided us with the driver’s full name and current postal
address, if you were not the driver at the
time of the parking event.
If you wish to provided driver details please send them via
email to:
COD@smartparking.com
In the event that you fail to provide these details, we will use
the provisions under POFA, 2012, and
continue to pursue you the registered keeper, for the
outstanding balance.
Failure to provide these details, will result in Smart Parking
using the provisions under POFA, 2012 to
pursue you, the registered keeper, for the outstanding balance
of the PC.
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