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#Post#: 76489--------------------------------------------------
Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: ian505050
Date: June 14, 2025, 1:57 pm
---------------------------------------------------------
So I received the attached Parking Charge of £50 for overstaying
in a 2-hour limit at Furzton Lake in Milton Keynes from Smart
Parking Ltd
The letter states arrival time 10:21 and Departure time 12:34 so
a stay of 2 hours 13 mins which I guess has triggered the
ticket.
However, after entering the carpark 10:21 I could not find a
space so I left within a minute.
At 10:38 after doing a lap of the lake, trying to decide where
to park I actually parked in the carpark until 12:34 after
finding space ( parking for 1 hour and 56 minutes). I set a
timer on my phone, making sure not to stay the 2-hour limit.
13 days after the incident, I received a letter in the post with
a fine.
What should my course of action be? I have until the 25th of
June to decide.
Is the system Smart Parking Ltd use not smart enough to
understand this scenario? Car park was full, so I left and tried
again shortly etc...
I am not really interested in paying the fine even though it's
not a huge amount as a point of principle..... I didn't read the
T&Cs in the car park or take a photo, so don't know what they
say but............. I didn't stay 2 hours.
My potential evidence would be my google timeline, which tracks
my phone's location and matches the above, but don't suspect
this is good enough evidence?
Any suggestions or guidance is very much appreciated.
[attachment deleted by admin]
#Post#: 76517--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: b789
Date: June 14, 2025, 7:02 pm
---------------------------------------------------------
It is a scam but it is difficult to persuade them that time on
site is not actually parked. But fear not. You have a "golden
ticket". Whilst it may be a drawn out process since (not so)
Smart Parking left the BPA and joined the IPC, this would never
stand up in court.
The reason you have a "golden ticket" is because, as long as the
unknown driver is not identified, they cannot transfer liability
to the known Keeper. They have failed to "give" the Notice
within the "relevant" period to be able to rely on the
provisions of PoFA 2012.
PoFA paragraph 9(4) requires the Notice to be "given"
(delivered) within 14 days of the alleged contravention. A
Notice is deemed "given" two working days after it is issued.
Your Notice to Keeper (NtK) was issued on Thursday 12th June and
therefore deemed "given" on Monday 16th June. Now do the
maths... The date of the alleged contravention was Saturday 31st
May. As it is more than 14 days after the alleged contravention,
the Notice has not been given within the relevant period and so
there can be no Keeper liability.
Of course, the Keeper is under no legal obligation to identify
the driver so all references to the driver must be in the third
person. No "I did this or that, only "the driver did this or
that". Don't tell 'em your name Pike!!!
Any initial appeal will be rejected but you can then try the
IAS, which is unfit for purpose but we give it a go anyway. The
normal modus operandi of (not so) Smart Parking is to pursue the
Keeper all the way to litigation and a court claim, in the hope
that you are low-hanging fruit on the gullible tree and will pay
up out of ignorance and fear. However, once claim is submitted,
as long as it is defended, it will eventually either be struck
out or discontinued.
So, if you follow the advice, you wonn't be paying this scammer
a penny. For now, simply appeal, only as the Keeper, with the
following:
--- 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 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. Smart 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 twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Smart have no hope at IAS, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
Also, as they have breached the PPSCoP section 8.1.1(d), you
should report (not so) Smart to the DVLA as they are using your
data unlawfully. 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 Smart Parking Ltd,
an IPC AOS member with DVLA KADOE access, for breaching the
BPA/IPC Private Parking Single Code of Practice (PPSCoP) after
obtaining my personal data.
>
> Smart Parking posted a Notice to Keeper (NtK) dated Thursday
12 June for an alleged contravention on Saturday 31 May. Because
(a) more than 14 days elapsed between the day after the event
and the date the NtK could be “given” (deemed delivery is the
second working day after posting), and (b) Smart Parking
nonetheless asserts keeper liability under PoFA 2012 Schedule 4,
the operator is misusing my data in breach of the PPSCoP and the
KADOE contract.
>
> 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. I have attached a supporting
statement that sets out the breach in detail and request a full
investigation.
>
> 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: Smart Parking Ltd
> Date of PCN (NtK) issue: Thursday 12 June 2025
> Vehicle registration: [INSERT VRM]
>
> I am submitting this complaint because Smart Parking Ltd has
misused my personal data obtained from the DVLA under the KADOE
(Keeper at Date of Event) contract.
>
> Although Smart Parking may have had reasonable cause to
request my data initially, its subsequent use of that data is
unlawful. The operator has breached both the Protection of
Freedoms Act 2012 (PoFA) and the Private Parking Single Code of
Practice (PPSCoP).
>
> Timeline:
>
> [indent]• Alleged contravention date: Saturday 31 May 2025
> • NtK issue date: Thursday 12 June 2025
> • Earliest deemed date of service: Monday 16 June
2025[/indent]
>
> Under PoFA Schedule 4 paragraph 9(5), the operator must
deliver a Notice to Keeper within 14 days of the day after the
date of the alleged contravention. In this case, the notice
could not have been “given” (i.e. deemed delivered) until at
least 16 days after the parking event — which is out of time for
establishing keeper liability.
>
> Despite this, Smart Parking's NtK falsely asserts that the
registered keeper is liable under PoFA. This is a direct breach
of Section 8.1.1(d) of the Private Parking Single Code of
Practice, which states:
>
> [indent]“The parking operator must not serve a notice which in
its design and/or language: state the keeper is liable under the
Protection of Freedoms Act 2012 where they cannot be held
liable.”[/indent]
>
> The NtK is therefore misleading and represents an unlawful use
of DVLA-supplied data.
>
> Summary of Breaches:
>
> [indent]• Breach of PoFA – NtK issued too late for keeper
liability
> • Breach of PPSCoP 8.1.1(d) – NtK falsely states keeper
liability applies
> • Misuse of personal data – unlawful post-access processing
under UK GDPR
> • Breach of KADOE contract – DVLA data used in a way not
permitted by the conditions of access[/indent]
>
> These are not minor or technical errors; they show a systemic
disregard for lawful data use and statutory obligations.
>
> Action requested:
>
> The DVLA remains the data controller for keeper data released
under KADOE and has a duty to act where it is misused. I
therefore request:
>
> [indent]• A formal investigation into Smart Parking Ltd’s
misuse of DVLA data
> • Confirmation of whether a breach of the KADOE contract has
occurred
> • Enforcement action including suspension or removal of KADOE
access if appropriate[/indent]
>
> Please confirm receipt of this complaint and provide a
reference number. I am happy to provide further information if
needed.
>
> Name: [INSERT NAME]
> Date: [INSERT DATE]
--- End Quote ---
#Post#: 76601--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: ian505050
Date: June 15, 2025, 3:31 pm
---------------------------------------------------------
Many thanks for the comprehensive response. I will review
documents you refer to this week and the paragraphs where Smart
Park Ltd have failed to abide.
If I appeal via Smart Park Ltd which will inevitably be rejected
can I start an appeal via POPLA who will agree with the points
you have stated and request Smart Park Ltd cancel the charge
requested?
I have only ever had 1 previous ticket against myself as a
registered keeper 10 years ago where I used POPLA who got the
ticket cancelled from memory for being 9 minutes in a car park.
#Post#: 76602--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: ixxy
Date: June 15, 2025, 3:46 pm
---------------------------------------------------------
You won't be able to appeal to POPLA, not so SMART parking have
defected to the dark side and become IPC members so the
secondary appeal will be to the IAS who unfortunately have a
reputation for nearly always siding with the parking operator.
You will probably lose the appeal to the IAS bit don't worry, it
won't get to court as they can't win as long as you don't reveal
who was driving. I wouldn't suggest appealing to SMART on the
grounds of the medical incident (even though it is valid) as it
would probably identify the driver. Just appeal on the grounds
they can't hold you, as keeper of the vehicle, liable as they
issued the PCN too late. You will probably get lots of debt
collectors letters, they can be ignored unless you get a proper
letter of claim.
#Post#: 79541--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: ian505050
Date: July 4, 2025, 6:46 am
---------------------------------------------------------
The DVLA have now responded to my complaint about Smart Parking
Ltd issuing their ticket after the official 14 days period .
It looks like the DVLA has interpreted what 14 days means
differently.
Any suggestions on what my response needs to be to the DVLA?
I assume DVLAs response to me has also been communicated to
Smart Park Ltd?
Attached is the DVLAs response
Kind Regards
[attachment deleted by admin]
#Post#: 79544--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: b789
Date: July 4, 2025, 7:05 am
---------------------------------------------------------
Email back to kadoescalation@dvla.gov.uk and CC yourself with
the following:
--- Quote ---
> To: kadoescalation@dvla.gov.uk
>
> Subject: Step 2 Escalation – Mishandling of Step 1 Complaint
Ref. [INSERT REFERENCE NO.] (Smart Parking PoFA Breach)
>
> Dear DVLA Escalations Team,
>
> I am writing to escalate my complaint to Step 2 of the DVLA’s
complaint process, in relation to your reference [INSERT
REFERENCE NO.], following the wholly inaccurate and inadequate
response issued on 4 July 2025 by A. Larsen.
>
> My original complaint concerned Smart Parking Ltd’s misuse of
DVLA keeper data, specifically the unlawful assertion of keeper
liability under Schedule 4 of the Protection of Freedoms Act
2012 (PoFA), when the statutory conditions were clearly not met.
I now also raise concerns about the incompetent handling of this
complaint at Step 1 by your Data Assurance Team.
>
> Summary of Material Facts:
>
> [indent]• Contravention date: Saturday 31 May 2025
> • NtK issue date: Thursday 12 June 2025
> • Deemed “given” date: Monday 16 June 2025 (second working day
after posting, as per PoFA Sch 4 para 9(6))[/indent]
>
> This means the Notice to Keeper was given 16 days after the
day following the alleged contravention. PoFA paragraph 9(5) is
unequivocal:
>
> [indent]“The notice must be given by—
> (a) delivering it to that address; or
> (b) sending it by post to that address,
> so that it is delivered within the relevant period.”[/indent]
>
> The relevant period, as defined in PoFA 9(5), is 14 days
beginning with the day after the parking event (i.e. from 1 June
2025). Therefore, the final day for the NtK to be “given” was
Saturday 14 June 2025.
>
> Because the NtK was issued on Thursday 12 June and deemed
delivered no earlier than Monday 16 June, it was not “given”
within the relevant period. Therefore, keeper liability cannot
arise, and Smart Parking’s assertion to the contrary constitutes
a breach of the Private Parking Single Code of Practice (PPSCoP)
section 8.1.1(d), which prohibits operators from stating that
the keeper is liable when they cannot be.
>
> A. Larsen's Response – Factually and Legally Flawed:
>
> Mr/Ms Larsen claims:
>
> [indent]“To meet the requirements of PoFA, [the NtK] must be
sent by day 12... to ensure that it arrives by day 14.”[/indent]
>
> This is factually wrong. PoFA requires the NtK to be “given”
within 14 days, not merely posted. The law expressly states that
delivery is what matters. Even if an NtK is posted on day 12, it
is not “given” until the second working day later, as per PoFA
paragraph 9(6). No exception is made for weekends.
>
> The DVLA is the data controller and cannot be seen to condone
or excuse this sort of misuse, especially based on a
misunderstanding of the very legislation that governs access to
its data.
>
> I therefore expect:
>
> [indent]• A full review and correction of the Step 1 response
> • A formal finding that Smart Parking breached the KADOE
contract and PPSCoP
> • Confirmation that enforcement action is being considered or
taken against Smart Parking
> • Internal remedial action regarding Mr/Ms Larsen’s
mishandling of this matter, given the seriousness of the
misinterpretation of Schedule 4 of PoFA[/indent]
>
> I also request that DVLA include this complaint in its
performance monitoring and audit records for misuse of data by
private parking operators.
>
> Please acknowledge receipt and confirm the escalation
reference number for this Step 2 complaint. I am happy to
provide further supporting material if needed.
>
> Yours faithfully,
>
> [YOUR FULL NAME]
> [YOUR POSTCODE]
> [DATE]
--- End Quote ---
#Post#: 80200--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: ian505050
Date: July 9, 2025, 3:31 am
---------------------------------------------------------
Hi b789,
I appreciate the almost immediate response. I have sent step 2
of the complaint to the DVLA. I cant thank you enough for your
help to resolve this issue created by Smart Parking and the
DVLA.
#Post#: 80201--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: ian505050
Date: July 9, 2025, 3:40 am
---------------------------------------------------------
kadoescalation@dvla.gov.uk
This email does not seem to be an email used anymore as I got an
automated response saying undeliverable. However, I have sent
the complaint via the online DVLA form, where it let me add the
complaint as a PDF attachment.
#Post#: 80204--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: DWMB2
Date: July 9, 2025, 3:53 am
---------------------------------------------------------
I've not used that email before (I just use their online
function) but there would appear to be an "e" missing, would it
not be kadoeescalation@...?
#Post#: 80425--------------------------------------------------
Re: Overstay Charge - Furzton Lake - Smart Parking Ltd
DIR By: ian505050
Date: July 10, 2025, 7:52 am
---------------------------------------------------------
Cheers. I have tried sending to the email with an extra 'e'
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