Smart Parking Appeal: How to Fight Your Parking Charge

About Smart Parking

Smart Parking is a technology-focused parking operator that uses ANPR cameras extensively. They operate across the UK and are known for managing car parks at retail, healthcare, and commercial locations.

Smart Parking is a member of the British Parking Association (BPA), which means they are required to follow the BPA Code of Practice when issuing parking charges. This code sets out standards for signage, notice periods, appeals processes, and debt collection practices. When Smart Parking fails to comply with these standards, it provides strong grounds for challenging a charge.

Like all private parking operators, Smart Parking issues parking charge notices under contract law, not criminal law. A Smart Parking parking charge is an invoice, not a fine. You cannot receive points on your licence, you will not get a criminal record, and no bailiff with statutory powers can enforce a private parking charge. The maximum consequence of an unpaid charge is a county court judgment if Smart Parking decides to pursue the matter through the civil courts.

Where Does Smart Parking Operate?

Smart Parking manages car parks at a variety of locations across the UK. Understanding where they operate can help you identify whether the site where you received your charge is one of their managed locations, and whether the specific conditions at that site give rise to any grounds for appeal.

The following are the most common types of locations where Smart Parking operates:

• --Hospital and healthcare sites
• --Retail parks and supermarkets
• --Leisure centres
• --Commercial office parks
• --Mixed-use developments

Each type of location presents different challenges and opportunities when appealing a charge. For example, charges issued at hospital car parks may be particularly susceptible to challenge on the grounds of mitigating circumstances, while charges at retail car parks often raise questions about whether the signage adequately communicates the terms and whether the time limit is reasonable for the activities at that site.

How to Appeal a Smart Parking Parking Charge

Smart Parking handles appeals online. As a BPA member, appeals can be escalated to POPLA if initially rejected.

Successfully appealing a Smart Parking parking charge requires a structured approach. Simply stating that you disagree with the charge or that you think it is unfair is unlikely to succeed. Your appeal must identify specific legal or procedural grounds and be supported by evidence where possible.

Step 1: Gather Your Evidence

Before writing your appeal, collect all available evidence. This includes the parking charge notice itself, any photographs you took at the time, payment receipts or app confirmations, and any correspondence you have already received from Smart Parking. If you did not take photographs of the signage at the car park, return to the site as soon as possible and photograph every sign, including any that are damaged, obscured, or difficult to read.

You should also check whether the PCN was served within the required time limits under POFA 2012. If you received the notice by post, calculate whether it was sent within 14 days of the alleged contravention or within 14 days of the DVLA providing your keeper details. Late service is one of the strongest grounds for appeal and one of the most common errors made by parking operators.

Step 2: Submit Your Appeal to Smart Parking

Write a clear, structured appeal that sets out your grounds for challenging the charge. Avoid emotional language and focus on specific facts and legal points. Reference the relevant provisions of POFA 2012, the BPA Code of Practice, and any applicable case law. Include copies of your evidence and request that Smart Parking provide copies of their ANPR images, DVLA enquiry, and site signage photographs.

Step 3: Escalate to POPLA

If Smart Parking rejects your appeal, you have 28 days to escalate to POPLA. This is a free, independent review of your case. POPLA (Parking on Private Land Appeals) is the independent appeals service for BPA members. The decision of POPLA is binding on Smart Parking but not on you, meaning there is no downside to escalating.

Your submission to POPLA should be more detailed than your initial appeal. This is your best opportunity to have the charge cancelled without going to court, so treat it seriously. Present your arguments clearly, reference the law, and include all supporting evidence. For a more detailed guide, see our complete guide to appealing a parking charge notice.

Common Reasons Smart Parking PCNs Get Cancelled

Every parking company has patterns of behaviour and common issues that arise in appeals and court cases. Understanding the specific weaknesses in Smart Parking's enforcement practices can help you build a stronger appeal. The following issues are commonly raised in successful challenges against Smart Parking charges:

In addition to these company-specific issues, all private parking charges can be challenged on general legal grounds. These include non-compliance with POFA 2012 (failure to serve a compliant Notice to Keeper within the required timeframe), inadequate signage that fails to form a valid contract, disproportionate charges that fail the test established in ParkingEye v Beavis [2015] UKSC 67, and unfair contract terms under the Consumer Rights Act 2015.

The strongest appeals combine company-specific issues with broader legal arguments. For example, if Smart Parking issued a charge based on ANPR evidence that you believe to be inaccurate, you would challenge both the reliability of the evidence and the operator's compliance with POFA 2012 notice requirements. Multiple independent grounds for appeal significantly increase your chances of success.

Smart Parking and Debt Recovery Plus

If you do not pay a Smart Parking parking charge or your appeal is unsuccessful, the debt will typically be passed to a debt collection agency. Smart Parking uses Debt Recovery Plus for this purpose. You may receive letters from this agency demanding payment, sometimes with added fees and increasingly urgent language.

It is important to understand that debt collectors do not have any special legal powers. They cannot send bailiffs to your property, they cannot affect your credit score (unless a county court judgment is obtained), and they cannot force you to pay. Their letters are designed to create a sense of urgency and pressure you into paying. While the letters may look intimidating, they are a standard part of the private parking enforcement process.

If you receive a letter from Debt Recovery Plus about a Smart Parking charge, you should respond in writing. State that you dispute the charge and request full evidence that the charge is valid, including proof that POFA 2012 requirements were met. Do not ignore the correspondence entirely, but equally do not feel pressured into paying a charge you believe is invalid.

For detailed guidance on responding to debt collection letters, see our guides on Debt Recovery Plus.

How to Defend a Smart Parking Court Claim

Smart Parking does issue court claims but is not as prolific a litigator as ParkingEye. They use Debt Recovery Plus for debt collection.

If Smart Parking files a county court claim against you, you will receive a Claim Form (N1) from the County Court Business Centre. It is essential that you respond within the time limits. You have 14 days from service to acknowledge the claim and a total of 28 days to file your defence. Failing to respond will result in a default judgment, which will appear on your credit record and can be enforced.

A well-drafted defence should address every element of the claimant's case and raise all available legal arguments. Key defences against Smart Parking claims typically include: POFA 2012 non-compliance (failure to serve compliant notices within the required timeframes), challenges to the formation of the alleged contract (inadequate signage), the proportionality of the charge, and any specific procedural failings identified in your case.

Many parking companies, including Smart Parking, will discontinue their claim when they receive a properly prepared defence. This is because the cost of proceeding to a contested hearing often exceeds the value of the charge. However, you should always prepare your defence as if the case will go to trial. For detailed guidance, see our County Court Defence Guide.

Key Information

Frequently Asked Questions