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Thread: Smart parking fine, fistral beach

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  1. #1
    Ozzy0103's Avatar

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    Default Smart parking fine, fistral beach

    Hi,
    i was hoping someone could help me with my appeal to POPLA regarding a parking ticket I got using fistral beach car park in May. I don't think I'll be successful since I didn't keep my tickets on the day in question as I was honest and paid for my time in the car park. I wasn't aware of the use of cameras recording the entrance and exit of the car park but this is not a concern to me as I paid for my time.
    i have received a fine for a 146 min overstay on the 12th May but on the day in question I actually paid for two tickets once my time ran out. I do not understand why I'm receiving a ticket for an overstay. I also used the car park the following day and paid for an all day ticket and only stayed for half day which I hoped would prove I'm an honest person but they have rejected my appeal. I can send my original appeals letter if needed.
    i didn't keep my tickets as I wasn't aware it was a camera car park (so the signage on entry can't be that great) as i would have thought it was a patrolled car park.
    after looking on parking forums this car park has a bad reputation for catching people out although for me I'm assuming the machine didn't record my topping up of the ticket.
    i have written to the landowner also.
    any advice would be appreciated, even if it to just pay the fine that I shouldn't have got.
    thanks

    - - - Updated - - -

    I also have the appeals letter i sent to Smart Parking if you would like to read it

  2. #2
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    Appeal, ticket and even signs are all good to help with if you can.

    M1
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    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

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  3. #3
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Ok, I have been given a POPlA number so I will appeal it although I don't think I'll be successful due having no evidence. It's so frustrating!
    thanks

  4. #4
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    Post up what you do have.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  5. #5
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Quote Originally Posted by mystery1 View Post
    Post up what you do have.

    M1
    I'm having trouble attaching files. Am going to try from my lap top....

  6. #6
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Quote Originally Posted by Ozzy0103 View Post
    I'm having trouble attaching files. Am going to try from my lap top....
    Attached below is my appeals letter to smart parking and their response.
    Attached Thumbnails Attached Thumbnails image.jpeg   image.jpeg   image.jpeg  

  7. #7
    ostell's Avatar

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    Default Re: Smart parking fine, fistral beach

    Unable to read, need quite a bit more definition.

  8. #8
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    My appeals letter: (apologies for hasty typing)!
    dear sir/madam,
    You issued me with a parking ticket on 12th may 2016 but I believe it was unfairly issued. I will not be paying your demand for payment for the following reason that the alleged contravention did not occur.
    i was not parked inappropriately at the time the ticket was issued. I in fact paid for two tickets on the day in question as I extended the time I stayed in the car park.
    i refute the times you say I overstayed as I topped up my ticket when my original ticket expired. Unfortunately I did not keep my tickets, as you sent me a parking charge after I had left the car park so I have since disposed of my tickets. However, please check your parking records to prove I am honest when paying for tickets as I used your car park again the following day where I paid for an all day ticket and only stayed for four hours.
    i can only imagine there was a problem with your ticket machine recording tickets on the date in question. I do not refute the time I was in the car park but I paid for my time spent there.
    if you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.
    yours failthfully,





    SMART Parking Response and rejection letter:
    Thank you for your recent communication.
    Having considered your appeal in detail we have decided to uphold the PCN as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. As your appeal was received within the initial discount period we have extended the discount period until 21/06/16.
    We note your comments and we would like to clarify the contravention in question is in regards to insufficient paid time on site. All motorists must purchase a valid ticket when using this car park. having checked the payment system we can confirm that no payment was made against your vehicle registration mark ---- ---. As your vehicle remained on site for 146 minutes we can confirm the PCN was issued correctly.
    it is the responsibility of the driver of the vehicle to ensure they purchase a valid ticket for the duration of their stay when using this car park. Payment can be made at anytime throughout the duration of your stay. Time could have been purchased at any 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.
    the terms and conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
    You have now reached the end of our internal appeals procedure.
    If the PCN was issued in England and Wales you also have the right of appeal to an independent appeals service (POPLA). If you wish to make an appeal to POPLA the forms are available online.
    The verification code you will need in order to appeal to the Independent Appeals Service is -------------. It is important that you reference this on the appeals form as appeals without this code will not be assessed. You have 28 days from the date of this letter to lodge your appeal with POPLA. If your appeal is not successful with POPLA the full amount of the PCN will be outstanding.
    By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA as explained above.
    yours sincerely
    Smart Parking Limited

    I sense that much of this letter is a template letter!

  9. #9
    ostell's Avatar

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    Default Re: Smart parking fine, fistral beach

    Very much a template.

    You will be writing the POPLA appeal and demanding an unredacted copy of their logs from the payment machine to see if there is a number that could be yours.
    You will also be asking to see an unredacted copy of their contract with the landowner and not a witness statement saying it exists.
    M1 will pick this up.

  10. #10
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    If you still have the PCN please post up a readable copy once you've sanitised it.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  11. #11
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Quote Originally Posted by mystery1 View Post
    If you still have the PCN please post up a readable copy once you've sanitised it.

    M1
    Just trying to locate the original PCN. Is it a problem if I can't find?

  12. #12
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    It's not ideal as we then have to guess a bit.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  13. #13
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Quote Originally Posted by mystery1 View Post
    It's not ideal as we then have to guess a bit.

    M1
    hi , I can't find the original PCN and emailed Smart this morning for a copy but they have not responded.
    where do I go from here?

  14. #14
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    I'll sort a suitable popla appeal soon.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  15. #15
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Had email back from Smart today not sending me my request for my original PCN. Not sure why they won't send it.

  16. #16
    mystery1's Avatar

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    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  17. #17
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    I have sent my appeals letter off to POPlA at the end of June and while I have had a result of the appeals process yet, I have, in the mean time, received a letter demanding £160 from DRP. Surely they can't do this while my case is still at appeal?

  18. #18
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    They are not supposed to do that. A complaint to the BPA is likely to be filed in the bin though.

    info@britishparking.co.uk

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  19. #19
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Update!
    i sent my appeal off to POPlA on 24th June - plenty of time for an appeal. Since then I have received 2 letters from debt recovery and then on 21st July received a letter from POPLA stating they would not look at my case as the reference had expired!! I phoned up POPlA to ask why they had only just sent me this when they would have received my appeal at the latest on 27th June and the guy said that their admin department processed my letter on the 19th July. I asked why had my appeal been sat there for so long and he said they would not look at it unless I could prove I sent my appeal off on the 24th June.
    i have been to citizens advice who have told me to follow POPlA complaints procedure which I have had no response. This whole situation is so stressful!
    my second letter from debt recovery was a court threat. I dread to think how much this is going to be!

  20. #20
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    http://www.parkingcowboys.co.uk/popla-code-checker/

    Check the code and see what date it expired.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  21. #21
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    The deadline for appeal would have been 5th July and POPlA would have received my appeal letter by 27th June at the latest

  22. #22
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    So you posted it ? Did you get proof of posting ?

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  23. #23
    Ozzy0103's Avatar

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    Default Re: Smart parking fine, fistral beach

    Yes I posted it because the appeal script was too large to fit in the sections on
    ine. No didn't get proof as didn't think I'd need to for that address. It didn't recommend on their website to send recorded delivery.

  24. #24
    ostell's Avatar

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    Default Re: Smart parking fine, fistral beach

    It's not recorded delivery, it's a certificate of proof of posting free from any post office

  25. #25
    mystery1's Avatar

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    Default Re: Smart parking fine, fistral beach

    http://popla.co.uk/help-with-your-appeal

    Contact popla and see what is going on.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

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