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#Post#: 87319--------------------------------------------------
Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: shock999
Date: August 26, 2025, 1:33 pm
---------------------------------------------------------
Hi all,
The driver drove in to the car park, stayed for less than 10
minutes and drove out got an invoice as been recorded by the
ANPR.
Entry 19:56
Exit 20:06
I think this is unfair, but will pay if you guys think its not
worth appealing. Opinions please as its 14 days today. :-[
Unfortunately, I don't have signage at the site, and haven't
been back to that area and there is no easy parking around to
just go and get a picture. (don't want another invoice sent to
me :))
#Post#: 87327--------------------------------------------------
Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: jfollows
Date: August 26, 2025, 1:58 pm
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Basic stuff.
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
--- Quote ---
> (4)The notice must be given by—
>
> (a)handing it to the keeper, or leaving it at a current
address for service for the keeper, within the relevant period;
or
>
> (b)sending it by post to a current address for service for the
keeper so that it is delivered to that address within the
relevant period.
>
> (5)The relevant period for the purposes of sub-paragraph (4)
is the period of 14 days beginning with the day after that on
which the specified period of parking ended.
--- End Quote ---
Contravention 14/7/25
Issued 12/8/25
Delivered 14/8/25
Read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and make sure not to identify the driver.
Maybe modify your post to say “the driver drove …” etc.
Appeal on non-compliance with PoFA 2012.
Smart and IAS will both incorrectly reject your appeal, but
won’t dare actually to take it to court.
It may take months but you won’t pay anything in the end if you
take advice here and keep us informed.
Something like
--- 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 Parking 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 should you refuse this appeal, so you are
urged to save us both a complete waste of time and cancel the
PCN.
--- End Quote ---
to start with.
Smart will reject your appeal, but not because it’s wrong but
because it’s right. Rejecting means there’s a chance you will
pay up. Come back here when they do.
#Post#: 87333--------------------------------------------------
Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: shock999
Date: August 26, 2025, 2:18 pm
---------------------------------------------------------
Thank you,
Thats very helpfull.
Is it worth saying about the 10 minute grace period?
Is something like this worth saying or best to appeal using what
you have posted above.
--- Quote ---
> I am the registered keeper of the vehicle, and I dispute your
'parking charge'
> This charge is invalid as the car was within the ground for
under 10 minutes as shown on your records and the invoice was
sent outside the permitted time requirements of PoFA 2012.
>
> I have received an invoice from you dated 12/08/2025, this was
received on the 14 / 08/2025.
> You had stated that the vehicle entered the site on the
14/07/2025 and this is when the ‘contravention’ occurred.
>
> As you will be aware, under Schedule 4 of the Protection of
Freedoms Act 2012.
> (4)The notice must be given by—
> (5)The relevant period for the purposes of sub-paragraph (4)
is the period of 14 days beginning with the day after that on
which the specified period of parking ended.
>
>
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
>
> 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 as this invoice / charge
was received well outside of the permitted period, this invoice
isn't valid.
> Please cancel this invoice.
>
--- End Quote ---
#Post#: 87337--------------------------------------------------
Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: DWMB2
Date: August 26, 2025, 2:33 pm
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--- Quote from: shock999 link ---
>
> Is it worth saying about the 10 minute grace period?
>
--- End Quote ---
No - a grace period is a period added to a permitted period of
parking. In this case, the driver seems to have arrived, chosen
not to park, and leave. In this case, a consideration period
applies - this is a period of time allowed in order for the
driver to consider the terms and conditions on offer and decide
to accept them, and park, or to reject them, and leave. This is
generally a minimum of 5 minutes, not 10.
Just to clarify, before submitting the wording suggested by
jfollows - are you the registered keeper, with the V5C document
in your possession?
#Post#: 87340--------------------------------------------------
Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: shock999
Date: August 26, 2025, 2:39 pm
---------------------------------------------------------
Thank you. I stand corrected.
I am the registered keeper and do have the V5C.
--- Quote ---
> I am the registered keeper of the vehicle, and I dispute your
'parking charge'
> 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.
>
> I have received an invoice from you dated 12/08/2025, this was
received on the 14 / 08/2025.
> You had stated that the vehicle entered the site on the
14/07/2025 and this is when the ‘contravention’ occurred.
>
> As you will be aware, under Schedule 4 of the Protection of
Freedoms Act 2012.
> (4)The notice must be given by—
> (5)The relevant period for the purposes of sub-paragraph (4)
is the period of 14 days beginning with the day after that on
which the specified period of parking ended.
>
>
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
>
> 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 as this invoice / charge
was received well outside of the permitted period, this invoice
isn't valid.
> Please cancel this invoice.
>
--- End Quote ---
Or am I wasting my time and just go with what 'Jfollows
helpfully stated above.
#Post#: 87342--------------------------------------------------
Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: b789
Date: August 26, 2025, 2:54 pm
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Stop trying to overthink this. Simply go with what you were
advised in the first place. You can recite War & Peace for your
appeal. No one cares, especially the vexatious incompetents at
(not so) Smart Parking. Your appeal IS going to be rejected. The
odds of the subsequent IAS appeal are also going to be rejected.
The way this will end is eventually you will receive a county
court claim issued by DCB Legal and you will defend with the
advice from this forum. In due course the claim will either be
struck out or discontinued.
You have to go through this process because they rely on most
recipients of their PCNs to be low-hanging fruit on the gullible
tree who will pay up out of ignorance and fear. Just search for
other (not so) Smart Parking cases on the forum.
#Post#: 87350--------------------------------------------------
Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: shock999
Date: August 26, 2025, 3:21 pm
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OK, replying with what's been suggested.
will keep this updated when the rejections come through.
--- Quote ---
> Parking Charge : SP544355***
>
> We can confirm that your appeal has been received and that all
action has been suspended pending adjudication. We will
endeavour to respond to your appeal within 28 days.
> If your appeal has been received within 28 days of issue of
the Parking Charge (PC) and your appeal is unsuccessful, the PC
will revert to the amount outstanding at the point of appeal.
>
> Please remember to check your junk and spam folders
periodically.
>
> Yours sincerely,
>
> Smart Parking Limited
--- End Quote ---
#Post#: 91979--------------------------------------------------
Re: Smart Parking PCN – N10 min stay – Church Parking - ILFORD
DIR By: shock999
Date: September 29, 2025, 7:24 am
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Good outcome.
[img]
HTML https://imgur.com/a/gVCbekV[/img]
HTML https://imgur.com/a/gVCbekV
Seem to have been cancelled hassle free.
I did mention that it was outside PoFA 2012 requirement.
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