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#Post#: 88947--------------------------------------------------
Smart Parking - Willen Lake, Milton Keynes
DIR By: theelite16
Date: September 8, 2025, 9:18 am
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Hi all
First time I've needed some advice on a parking issue. I did a
search and a related query for this car park came up, but I'm
not sure if the circumstances are similar enough for me to be
using that advice.
The driver parked in Willen Lake car park, arrived at 5:56PM,
bought parking with the app once the family fully disembarked at
6.04PM for 1 hour (to expire at 7:04PM), and left the car park
at 7:16PM.
Essentially, they were in the car park for 8 minutes before they
bought the parking, and 12 minutes after their parking finished.
They visited with family (including 2 small children, with 1
child under 12 months old, with one needing to use the toilet
before leaving, and the other needing their nappy changed).
Getting to the car, then getting everybody into the car and
leaving after 12 minutes of the parking expiring isn't a
ridiculous amount of time, if I'm honest. The driver was waiting
in the car for around 5 minutes before the remaining family
members arrived and sat in the car.
I want to appeal this, but am unsure what the appeal grounds
should be.
NOTICE TO KEEPER IMAGES LINK
HTML https://imgur.com/a/qaToIqd
Any help appreciated. Thank you!
#Post#: 88963--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: RichardW
Date: September 8, 2025, 10:11 am
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What date did you receive it?
#Post#: 88972--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: theelite16
Date: September 8, 2025, 10:59 am
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--- Quote from: RichardW link ---
>
> What date did you receive it?
>
--- End Quote ---
I believe last week on Thursday (4 September).
#Post#: 88973--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: jfollows
Date: September 8, 2025, 11:04 am
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Deemed delivered 29/8, within 14 days, which is what matters for
PoFA 2012.
#Post#: 89000--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: ixxy
Date: September 8, 2025, 12:54 pm
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Whether you think the amount of time taken to get in and out of
the car was reasonable is irrelevant and not grounds for appeal.
The joint code of practice says you must have at least a 10
minute grace period, your unpaid parking time is well outside of
that. If there are any technical grounds for appeal they are
extremely unlikely to get the PCN cancelled by SMART on appeal
or IAS.
If you intend to fight this expect to receive lots of debt
collectors letters and probably the startof court proceedings.
#Post#: 89033--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: RichardW
Date: September 8, 2025, 3:12 pm
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--- Quote from: jfollows link ---
>
> Deemed delivered 29/8, within 14 days, which is what matters
for PoFA 2012.
>
--- End Quote ---
Only if they actually posted it on the day listed. Which they
almost certainly didn't...
#Post#: 89090--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: theelite16
Date: September 9, 2025, 6:05 am
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--- Quote from: ixxy link ---
>
> Whether you think the amount of time taken to get in and out
of the car was reasonable is irrelevant and not grounds for
appeal. The joint code of practice says you must have at least a
10 minute grace period, your unpaid parking time is well outside
of that. If there are any technical grounds for appeal they are
extremely unlikely to get the PCN cancelled by SMART on appeal
or IAS.
>
> If you intend to fight this expect to receive lots of debt
collectors letters and probably the startof court proceedings.
>
--- End Quote ---
Ok thanks. I have appealed using the following technical
grounds:
1. Failure to Specify a Period of Parking (Para 9(2)(a) PoFA):
The NTK only states entry and exit times recorded by ANPR
cameras. These do not represent the statutory “period of
parking” as required under PoFA. Driving in and out of a site is
not parking, and therefore the NTK is non-compliant.
2. Defective PoFA Warning (Para 9(2)(f)):
The NTK does not contain the mandatory keeper liability warning
in the prescribed form. The wording used materially departs from
the statutory requirements and is therefore invalid for the
purpose of transferring liability from the driver to the keeper.
This should hopefully be enough to get the PCN cancelled. I will
take it further, if not.
#Post#: 89091--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: jfollows
Date: September 9, 2025, 6:08 am
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It won’t be cancelled, Smart will refer you to the IAS who will
also find in their favour. As in Reply #4.
#Post#: 89096--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: theelite16
Date: September 9, 2025, 6:24 am
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What are the chances of this going to the county court?
Point 1 about them not giving actual parking times (which they
can't if it's entry/exit ANPR) seems to be a clear decider in
our favour?
#Post#: 89101--------------------------------------------------
Re: Smart Parking - Willen Lake, Milton Keynes
DIR By: jfollows
Date: September 9, 2025, 6:45 am
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--- Quote from: theelite16 link ---
>
> What are the chances of this going to the county court?
>
> Point 1 about them not giving actual parking times (which they
can't if it's entry/exit ANPR) seems to be a clear decider in
our favour?
>
--- End Quote ---
99%
But you’re asking the wrong question.
The chances of the case being heard in court are more like 1% as
long as you do not ignore and submit a defence and other
paperwork for which you will get assistance here.
Search the forum for
Smart DCB Legal
and you will see that DCB Legal discontinue defended cases
before having to pay the court fee.
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