DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 109552--------------------------------------------------
Smart Parking Deliberate Scam
By: JimmyJ Date: February 12, 2026, 2:36 am
---------------------------------------------------------
Hi all,
So my wife has received a Final Reminder from Smart Parking Ltd,
demanding £145 and stating we ignored the initial letter. Well
the fact is we never received the initial letter, it never
arrived at the same address the Final Reminder did.
So far i've done two things, one requested the formal complaints
procedure for the shopping retail park, and i've tried to
contact Smart Parking for their formal complaints procedure.
No names other than my own have been given to SP.
Now surely they've removed the right to appeal and the right to
pay the initial lower fine, that must be a breach of their own
procedure, and obviously I am not paying the elevated fine
because this is a tactic, from what I am reading on other sites,
Smart Parking use.
Also, there is a caveat, the car that would have been caught, we
no longer have. lol but I am sure they would trace it via the
DVLA. We part ex'd it a few weeks back.
They are threatening court action if we ignore the letter etc,
which I was expecting etc, but any guidance to how their lack of
care can be used against them would be appreciated.
I find it absolutely disgusting that in a big shopping area,
where there are god knows how many shops, my wife went there to
do all the Christmas shopping , and went over the "free"
allowance, which I also find disgusting as that centre always
used to be free, we don't go there from year to year, now has
this vile smart parking system in place, and she gets this
treatment. Can't enjoy anything at your own pace anymore.
Anyway, thanks in advance.
#Post#: 109558--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: RichardW Date: February 12, 2026, 4:56 am
---------------------------------------------------------
You can send a complaint to Smart, which they are required to
treat as an appeal. Something along the lines of disputing
their charge as the reg keeper and they have not delivered a
Notice to Keeper as required by POFA to transfer liability.
Don't identify the driver. You can request that they send on
the original PCN with proof of posting. They will most likely
reject the appeal without really reading it, and they look to be
IPC so secondary appeal will be to IAS (which will also most
likely reject it).
After that you are waiting out the debt collectors letters and
the court claim, which is often discontinued as long as you
defend it.
If you are a genuine customer, then going via the retailer might
yield a cancellation, but it's often difficult on a multi store
retail park. Where was it?
It's not a fine, BTW, but a speculative invoice for alleged
breach of contract.
If you get the original PCN post it up, there may be flaws that
mean there is an easy defence.
#Post#: 109564--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: DWMB2 Date: February 12, 2026, 5:19 am
---------------------------------------------------------
Welcome to FTLA.
A quick preliminary matter, which may sound pedantic, but isn't
- from a legal perspective there is no "we" in this case. If
your wife was the registered keeper of the vehicle at the time,
and the letter(s) are addressed to her, then the dispute is
between her and Smart, so anything formal will need to be done
in her name. I mention this now at the start because we've seen
cases where people are trying to help a friend/relative, and end
up inadvertently making things worse by submitting court
defences in their own name etc.
#Post#: 109567--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: JimmyJ Date: February 12, 2026, 5:35 am
---------------------------------------------------------
I haven't mentioned wife or me , I just used the term we, which
could refer to me or anyone tbh. As I lodged the complaint with
them, they , i'd assume , would be obliged to reply to me. In
fact, reviewing the email I sent, it infers I am the one fined
and keeper, therefore with not reference to the letter or any
reference numbers, they must ask me for that first, so far they
haven't replied at all.
If they wished to rectify the issue with the "appeal / lower
fine amount" they'd ask for the PCN.
The email was deliberately vague tbh, I just want initial
contact. If they don't respond.
But also, I might add, the reason I do the emails is that
English is not my wifes first language, so it's easier for me to
do all correspondence.
#Post#: 109568--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: DWMB2 Date: February 12, 2026, 5:41 am
---------------------------------------------------------
[quote author=JimmyJ link=topic=9891.msg109567#msg109567
date=1770896112]
But also, I might add, the reason I do the emails is that
English is not my wifes first language, so it's easier for me to
do all correspondence.
[/quote]
I appreciate that, my point is just to make sure you're aware
that if this proceeds to a court claim (which, with Smart
Parking, is a fair possibility), then all court
submissions/correspondence etc. will need to be in your wife's
name, as she will be the defendant.
#Post#: 109581--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: JimmyJ Date: February 12, 2026, 7:07 am
---------------------------------------------------------
Oh yeah 100% anything Official I will use her name. Just so far
it's been in mine as they don't know who they are talking about
yet.
Plus I want to see if they actually reply or not. So far,
nothing
#Post#: 109652--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: roythebus Date: February 12, 2026, 5:47 pm
---------------------------------------------------------
Make sure you don't name who was driving at the time, no 'I",
"we", "us". Just "the driver".
#Post#: 109662--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: JimmyJ Date: February 13, 2026, 1:13 am
---------------------------------------------------------
We don't even have that car anymore lol But I know they could
trace it via the DVLA.
But yeah I won't state who was driving.
I will repeat the emails to their info and complaint email
addresses they give on their site, if they don't reply, I shall
ignore any further communication and await the court case.
2 attempts to communicate and being ignored is reason enough to
get the fine thrown out. They deliberately blocked the right to
appeal and right to pay the lesser charge. And two people
willing to testify that the original letter never arrived and
they refused to resend it with proof of postage.
#Post#: 109665--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: DWMB2 Date: February 13, 2026, 2:55 am
---------------------------------------------------------
[quote] 2 attempts to communicate and being ignored is reason
enough to get the fine thrown out [/quote]
If it gets to court, you'll need more than that (especially when
the attempts to communicate were made by a third party and not
the defendant). It's evidence of potential unreasonable
behaviour on their part, but doesn't on its own relate to the
alleged contractual charges Smart claim are due.
That the notice wasn't received is potentially a stronger point,
of course.
If the shopping centre is local to you, I would advise getting
some photos of the signage, especially if it is not prominent.
You mention that it used to be free without limit - if so, check
if there are any prominent signs advising that the terms have
changed. Both of these could also work in your favour.
#Post#: 109670--------------------------------------------------
Re: Smart Parking Deliberate Scam
By: JimmyJ Date: February 13, 2026, 4:35 am
---------------------------------------------------------
[quote author=DWMB2 link=topic=9891.msg109665#msg109665
date=1770972900]
[quote]2 attempts to communicate and being ignored is reason
enough to get the fine thrown out [/quote]
If it gets to court, you'll need more than that (especially when
the attempts to communicate were made by a third party and not
the defendant). It's evidence of potential unreasonable
behaviour on their part, but doesn't on its own relate to the
alleged contractual charges Smart claim are due.
[/quote]
This I would disagree with. Third party or not, they do not know
who the driver was, what the PCN was, and they should reply
asking for these details. Their own procedures are to issue
initial fine, offer opportunity to pay lesser fine in 28 days or
appeal. This was not given by SP, therefore breach of their own
contract. Obviously it's their word against ours , they can say
the letter was sent, but we both would deny this. But it
wouldn't explain why they completely ignored repeated emails to
their highlighted addresses were ignored. Companies have a duty
to answer official complaints within a certain timeframe, and in
this case with the details , re-issue the original letter and
allow for the 28 day appeal or pay the reduced fine. They simply
cannot ignore that and just send out final reminders stating we
ignored a non existent letter. Also, again, doesn't explain
ignoring the emails requesting the initial letter.
There will be no appeal or fight, the £60 will be paid as there
is another issue regarding mental health here. If this goes on,
it will have an extreme effect on someones mental health (They
are ill anyway) and that can be catastrophic long term. But the
£145 and any further demands will not be paid.
*****************************************************
DIR Next Page