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**WON!!** Earl Haig - Parking fine ( Smark parking Ltd)

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  • **WON!!** Earl Haig - Parking fine ( Smark parking Ltd)

    Hello,

    I have received a parking charge notice from Smart Parking Ltd. I would be very grateful for some advice?

    The letter is dated 05/05/2016

    I entered the Earl Haig carpark and parked. Got out of the car walked out of the car park came back into the car park and drove off.


    Vechicle enter site 19:54:10
    Vechicle Exiting site 20:06:17

    fine £60 within 14 days of letter.

    It was getting dark and I genuinely did not see the signage. I thought it being a pub car park there would be no charges. I was not a customer of the pub. I asked a friend to take some photos of the signage and note the. Car park is now 24hour.

    what can I do?

    Thanks for your help.
    Tags: None

  • #2
    Re: Earl Haig - Parking fine ( Smark parking Ltd)

    http://legalbeagles.info/forums/show...ket-on-vehicle

    Dear Sirs,

    I, as registered keeper, wish to invoke your appeals procedure. The driver left within the grace periods as defined within section 13 of the BPA code of practice. The driver is required to have both a reasonable time to interpret any signage and make a decision as to whether they wish to accept or decline and a further grace period of 10 minutes to leave. 12 minutes in total would fit within this criteria. Indeed, perhaps due to darkness no signs were seen.

    Should you reject my appeal, please supply a popla code.

    Yours sincerely

    M1

    Comment


    • #3
      Re: Earl Haig - Parking fine ( Smark parking Ltd)

      Originally posted by mystery1 View Post
      http://legalbeagles.info/forums/show...ket-on-vehicle

      Dear Sirs,

      I, as registered keeper, wish to invoke your appeals procedure. The driver left within the grace periods as defined within section 13 of the BPA code of practice. The driver is required to have both a reasonable time to interpret any signage and make a decision as to whether they wish to accept or decline and a further grace period of 10 minutes to leave. 12 minutes in total would fit within this criteria. Indeed, perhaps due to darkness no signs were seen.

      Should you reject my appeal, please supply a popla code.

      Yours sincerely

      M1

      Wow!! Thank you so much M1, what are chances of success? As after re-reading the Parking charge letter it says it goes up to £100 if I don't settle within 14 days. If I contest the notice and lose which fine is applicable?

      I very much appreciate you advice,, thank you.

      Comment


      • #4
        Re: Earl Haig - Parking fine ( Smark parking Ltd)

        They usually hold the charge at the lower level unless/until you appeal to popla. The chances of winning before popla are slim and decent-good at popla.

        M1

        Comment


        • #5
          Re: Earl Haig - Parking fine ( Smark parking Ltd)

          Originally posted by mystery1 View Post
          They usually hold the charge at the lower level unless/until you appeal to popla. The chances of winning before popla are slim and decent-good at popla.

          M1
          Thank you M1. Just one final thing is that on the photos of the parking signage taken by my friend, it mentions CCTV should I be concerned as I did leave the carpark for a few minutes?

          Thanks again

          Comment


          • #6
            Re: Earl Haig - Parking fine ( Smark parking Ltd)

            Not really, no. If you were a serial offender the effort may have been worth it, but not for a random ticket.

            In any event the cctv may just be the anpr and those wouldn't pick up the driver as they're aimed at the number plate.

            M1

            Comment


            • #7
              Re: Earl Haig - Parking fine ( Smark parking Ltd)

              Originally posted by mystery1 View Post
              Not really, no. If you were a serial offender the effort may have been worth it, but not for a random ticket.

              In any event the cctv may just be the anpr and those wouldn't pick up the driver as they're aimed at the number plate.

              M1
              It all makes sense perfectly, thank you!

              One final final question! I have just checked for other posts and found a poster varghesejim who also parked in the same car park for only 12 minutes aswell but the tact you used was different. The letter included the following "It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9."
              I note he had an susccesful outcome. I will obviously run with the letter for kindly composed for me but thought I would ask why the different tact.

              thanks again!!

              Comment


              • #8
                Re: Earl Haig - Parking fine ( Smark parking Ltd)

                It's pretty much the same thing but with a fuller explanation.

                M1

                Comment


                • #9
                  Re: Earl Haig - Parking fine ( Smark parking Ltd)

                  Originally posted by mystery1 View Post
                  It's pretty much the same thing but with a fuller explanation.

                  M1
                  Thats great, I will submit the letter and keep you informed, fingers crossed!!

                  Comment


                  • #10
                    Re: Earl Haig - Parking fine ( Smark parking Ltd)

                    Hi M1,

                    Finally received a response from Smart parking. They have upheld the PCN and that its was correctly issued.
                    They cite that the following:

                    1. It is the responsibility of the driver of the Vechicle to ensure they purchase a valid ticket for the duration of the stay using this car park. Payment can be made at anytime throughout the duration of Stay.Time coils have been purchased at my point prior to exiting the car park. As you have failed to do this, and have therefore breached the advertised terms and conditions, we have no option but to uphold the PCN.

                    2. We note your comment stating there is insufficient lighting on the site in question however we can confirm all signs are reflective and also BPA compliant. We can further confirm sufficient lighting on the site in question in order for Motorists to notice the advertised Terms and Conditions.

                    3. The BPA Code of Practice October 2014, paragraph 34.4 , driver must be given advance notice of all parking charges before they enter into the contract for parking services. There are several signs including and entrance sign situated around the car park that advise of the terms and conditions which adhere must be adhered to by all motorists. Furthermore , the signs are BPA approved and are at a height of which can be seen by an average person meeting all the requirements in sectio 18.2 of the BPA code of practice.

                    M1, the letter goes on to say that you have now reached the end of our internal appeals procedure. You now have the right to appeal to POPLA using the supplied verification code.

                    what should I now do, it's a bit intimidating! I would very appreciate you advice,

                    many thanks,

                    won

                    Comment


                    • #11
                      Re: Earl Haig - Parking fine ( Smark parking Ltd)

                      I would appeal to popla, which means you'll never be offered the £60 "discounted rate" again. It is also pretty likely you'll pay nothing, but no guarantees.

                      Do you want a popla appeal ?

                      M1

                      Comment


                      • #12
                        Re: Earl Haig - Parking fine ( Smark parking Ltd)

                        Hi M1,

                        Yes I would like to appeal, but it just looks as it is a 'slam dunk' on their side, with them citing BPA code this and BPA paragraph that etc.

                        thank you!

                        Comment


                        • #13
                          Re: Earl Haig - Parking fine ( Smark parking Ltd)

                          Originally posted by Won View Post
                          Hi M1,

                          Yes I would like to appeal, but it just looks as it is a 'slam dunk' on their side, with them citing BPA code this and BPA paragraph that etc.

                          thank you!

                          That's what they want you to think. I'll get to it soon.

                          M1

                          Comment


                          • #14
                            Re: Earl Haig - Parking fine ( Smark parking Ltd)

                            Thank you very much.

                            Comment


                            • #15
                              Re: Earl Haig - Parking fine ( Smark parking Ltd)

                              wonpopla.rtf

                              http://parking-prankster.blogspot.co...a-process.html

                              M1
                              Attached Files

                              Comment

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