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Hello all -
Any advice at this point would be very gratefully received as I have spent several hours online researching my POPLA appeal today and am still not sure if a) I have a case (obviously I think I do!) and b) whether I need to include all the many points from other templates.
My husband was driving my car at the time (unfortunately I have already supplied Smart Parking with this info when I appealed the PCN). As he had insufficient change, he paid for the parking at Fistral Beach via his mobile phone. I supplied screenshots from his phone to prove this. Here is the information I supplied for the appeal:
'I called and paid this over the mobile phone (it took me some time to actually get any mobile reception at Fistral Beach!) - I attach the phone log to prove this. I then went down to the sea for a surfing competition and when I checked my phone again received a text saying you did not have my registration (even though I had clearly left this on your phone system) and a request to text it urgently, which I did - again I have a screenshot of this text exchange to prove it. I did not hear any more from you until I received this fine - surely if you were not satisfied with my reply, you should have texted/phoned me to advise me?'
Smart Parking replied on 19 October (although we only received their letter on 24 October) saying that they believed the PCN was correctly issued and advised us that 'the pay by phone option is a third party company, Smart Parking are unable to advise on any process that the driver may have experienced when using this option. Payment can be made via the payment machine at any point prior to exiting the car park, and so there is sufficient time available for motorists to acquire change and purchase a ticket should they not have any on arrival'
Of course we would have paid for parking with cash if we had known that the pay by phone option hadn't worked!!!!
Our only option now is to make a POPLA appeal or pay the £60 and I can't find anyone else who has experienced the same issue to see if there is a case to appeal to POPLA - surely common sense should prevail! If a driver doesn't know that their mobile phone payment hasn't been accepted, how can they rectify it?? Or do we need to find legal points and holes in their case, such as poor signage which does not clearly indicate that Pay by Phone is a third party company and request a copy of the signed contracts etc?
Here is a link to the Fistral Beach Smart Parking sign:
http://2.bp.blogspot.com/-EqFGVvEre4...stal-smart.jpg
We have until the 3 Nov to pay £60 as opposed to £100 so any feedback before then would be immensely helpful!
Thank you in advance
Any advice at this point would be very gratefully received as I have spent several hours online researching my POPLA appeal today and am still not sure if a) I have a case (obviously I think I do!) and b) whether I need to include all the many points from other templates.
My husband was driving my car at the time (unfortunately I have already supplied Smart Parking with this info when I appealed the PCN). As he had insufficient change, he paid for the parking at Fistral Beach via his mobile phone. I supplied screenshots from his phone to prove this. Here is the information I supplied for the appeal:
'I called and paid this over the mobile phone (it took me some time to actually get any mobile reception at Fistral Beach!) - I attach the phone log to prove this. I then went down to the sea for a surfing competition and when I checked my phone again received a text saying you did not have my registration (even though I had clearly left this on your phone system) and a request to text it urgently, which I did - again I have a screenshot of this text exchange to prove it. I did not hear any more from you until I received this fine - surely if you were not satisfied with my reply, you should have texted/phoned me to advise me?'
Smart Parking replied on 19 October (although we only received their letter on 24 October) saying that they believed the PCN was correctly issued and advised us that 'the pay by phone option is a third party company, Smart Parking are unable to advise on any process that the driver may have experienced when using this option. Payment can be made via the payment machine at any point prior to exiting the car park, and so there is sufficient time available for motorists to acquire change and purchase a ticket should they not have any on arrival'
Of course we would have paid for parking with cash if we had known that the pay by phone option hadn't worked!!!!
Our only option now is to make a POPLA appeal or pay the £60 and I can't find anyone else who has experienced the same issue to see if there is a case to appeal to POPLA - surely common sense should prevail! If a driver doesn't know that their mobile phone payment hasn't been accepted, how can they rectify it?? Or do we need to find legal points and holes in their case, such as poor signage which does not clearly indicate that Pay by Phone is a third party company and request a copy of the signed contracts etc?
Here is a link to the Fistral Beach Smart Parking sign:
http://2.bp.blogspot.com/-EqFGVvEre4...stal-smart.jpg
We have until the 3 Nov to pay £60 as opposed to £100 so any feedback before then would be immensely helpful!
Thank you in advance
