Smart Parking at Council Car Parks: A Unique Situation
Smart Parking operates ANPR enforcement at a number of council-owned car parks across the UK. This creates a confusing situation for drivers: the car park is owned by the council, but the parking charge is issued by a private company. Understanding this distinction is crucial for your appeal.
Private Charge, Not Council PCN
The most important thing to understand is that a Smart Parking charge at a council car park is a private parking invoice, not a council Penalty Charge Notice (PCN). This matters because private charges are contractual claims with different enforcement powers, different appeal routes, and generally lower consequences for non-payment.
A council PCN can ultimately lead to bailiff action. A Smart Parking charge cannot; it would need to go through the County Court, and Smart Parking generally does not pursue court proceedings. This significantly changes your risk assessment.
IPC Membership and IAS Appeals
Smart Parking is a member of the IPC (International Parking Community), not the BPA. This means their independent appeals service is IAS (Independent Appeals Service), not POPLA. The appeal process is similar but operates under the IPC Code of Practice rather than the BPA Code.
The IPC Code requires clear signage about ANPR monitoring, a grace period, proportionate charges, and proper NtK service. If Smart Parking has failed on any of these points, you have grounds for appeal.
ANPR Challenges
Smart Parking specialises in ANPR technology, but their cameras are not infallible. Common issues include misreading number plates, recording incorrect entry or exit times, camera maintenance problems, and poor image quality in bad weather or low light.
You can request your ANPR images through a Subject Access Request under GDPR. Smart Parking must provide them within one month. Check that the images clearly show your registration and that the timestamps are accurate. If the evidence is weak, challenge it.
The Council Connection
Although the car park is council-owned, the council has contracted Smart Parking to manage enforcement. In some cases, the council can intervene if the charge is unreasonable. Contact the council's parking department and explain the situation. While they may redirect you to Smart Parking, some councils do take an interest in how their sites are managed.
Your Appeal Strategy
Check the NtK date first. Then gather any evidence of payment (receipts, app confirmations) and photograph the signage. Appeal to Smart Parking within 28 days, clearly stating your grounds. If rejected, escalate to IAS within 28 days. Throughout the process, remember that Smart Parking generally does not pursue court action, so the risk of escalation is low.