Smart Parking - Initial Appeal Denied, Currently with POPLA - (Previous PCN as well)

[Slade2]

Ok, I cant remember either way if I have identified the driver or not. So how else do I prepare my defense?

Have smart ever issued court proceedings for a wrong registration number? I have no intention of paying this just to make it go away.

[charitynjw]

Ok, I cant remember either way if I have identified the driver or not. So how else do I prepare my defense?

Have smart ever issued court proceedings for a wrong registration number? I have no intention of paying this just to make it go away.

Sadly it would seem that POPLA have, in recent times, denied appeals that a few short years ago they would have allowed.
Imho, I reckon that is influenced by the fact that, at present, there are 2 Trade Assns (& 2 different Appeals bodies), & member parking co's are free to go to whichever is 'kinder' to them.
The Trade Assns depend on revenue from the parking co's.

You are right to prepare in advance.
Have you taken pics of the relevant site signage?

[ostell]

For the PCN need both sided so save the pictures on a web hosting site such as imgur and link to them from here. Should be able to get much better detail.

Smart frequently fail to comply with POFA.

You inferred who the driver could be in some of your posts. Please edit them. The PPCs do read the forums and have been know to print out a thread and take it to court.

[Slade2]

I believe the defence under POFA is probably dead at this point.

I have not taken any pictures of the site signage, to be honest I didn't really look at them I just noticed it was a pay and display car park as you normally use and went and got a ticket for my car. I will not be returning to this car park ever again and I have informed the company numerous times of this with as of yet an unanswered reply that they have at least one less customer as a result.

[charitynjw]

I believe the defence under POFA is probably dead at this point.

I have not taken any pictures of the site signage, to be honest I didn't really look at them I just noticed it was a pay and display car park as you normally use and went and got a ticket for my car. I will not be returning to this car park ever again and I have informed the company numerous times of this with as of yet an unanswered reply that they have at least one less customer as a result.

If you're not 100% certain whether or not the driver has been ID'd, it can't hurt to hope 'not' & proceed on that basis for the time being.

It is of utmost importance to get pics of the site signage that were relevant at the time of the alleged contravention.
It is on those which the supposed contract is based, & the parking co's often mess them up.

[Slade2]

I have no intention of returning to this car park ever again, we only went there as my daughter was in the area for a party and we had two hours to wait for her to finish. Its about a 25 mile round trip so would be a waste to go just to take pictures of the signs. So I wont have any pictures of the signage to use. Smart parking uploaded several pictures of the signs in there reply to the POPLA appeal so I would imagine they are fairly covered in that department. Anything else I can use?

[charitynjw]

I have no intention of returning to this car park ever again, we only went there as my daughter was in the area for a party and we had two hours to wait for her to finish. Its about a 25 mile round trip so would be a waste to go just to take pictures of the signs. So I wont have any pictures of the signage to use. Smart parking uploaded several pictures of the signs in there reply to the POPLA appeal so I would imagine they are fairly covered in that department. Anything else I can use?

Imho you could be shooting yourself in the foot.
They will probably produce pristine stock copies of the signs.
You will have nothing to rebut the appearance of the sign, whereas in actuality the sign might be in a poor state, or overgown by trees/bushes etc.
& remember, the sign is the purportrd contract.

[Slade2]

I believe the car park has not been operated by Smart for long so the signs probably are in decent condition but I suppose unless I do visit and take some pictures then I cant rebut their claims.

I`m just not convinced the wrong registration is breach of contract since its the fee and the ticket that entitles me to park. They still took my money when I entered the wrong registration I didn't get the money back to try again so ergo assumed they had accepted what I had entered.

[charitynjw]

I believe the car park has not been operated by Smart for long so the signs probably are in decent condition but I suppose unless I do visit and take some pictures then I cant rebut their claims.

I`m just not convinced the wrong registration is breach of contract since its the fee and the ticket that entitles me to park. They still took my money when I entered the wrong registration I didn't get the money back to try again so ergo assumed they had accepted what I had entered.

I have mentioned before (elsewhere) that, while expecting drivers to be perfect (no room for human error), they themselves allow for their gaffs by bleating on that they have 'substantially' conformed to the relevant laws, codes of practice, etc

[Slade2]

It has taken some time but today (14/05/2019) i have received a decision back from POPLA to inform me that Smart Parking - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

I am not sure what prompted this action from Smart but it could have been some emails back and forth to the supermarket that Smart operate on as I had emailed them a few times requesting details of the land owner, other than that I have no clue but good news either way.

[charitynjw]

It has taken some time but today (14/05/2019) i have received a decision back from POPLA to inform me that Smart Parking - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

I am not sure what prompted this action from Smart but it could have been some emails back and forth to the supermarket that Smart operate on as I had emailed them a few times requesting details of the land owner, other than that I have no clue but good news either way.

Well done.
Keep that in a safe place, just in case.......

[bobosh13]

Hi,

Have a similar situation with Smart Parking.
Please help.

[bobosh13]

It has taken some time but today (14/05/2019) i have received a decision back from POPLA to inform me that Smart Parking - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

I am not sure what prompted this action from Smart but it could have been some emails back and forth to the supermarket that Smart operate on as I had emailed them a few times requesting details of the land owner, other than that I have no clue but good news either way.

Hi,

Have a similar situation with Smart Parking.
Have not appealed with Smart Parking yet, but as I have not ID'd the Driver, how do I appeal using defence under PoFA?
Is there a Template I could have a look at?
Have been looking in the forum, but can't find any appeal templates.
My Smart Parking PCN states the vehicle entered the car park at 17:22 and left at 20:20, the signage said you have to pay for parking until 18:00.
The Driver did not pay for the car park as the machine did not work at the time (no photos of the machine taken) and as there was only 35 mins left, assumed it would be fine and did not realise there was CCTV being taken.

So, as the Keeper of the vehicle, on what grounds should / could I appeal (please help me with a template letter)? The PCN is word-for-word the same as the one OP uploaded.

Please help.

[ostell]

Can you start your own thread so that details don't get confusing ? When you do then post up the redacted Pcn so there is something to work with. There is nothing there to even suggest an appeal

Glad Smart cancelled, they are usually smart when they realise they will be losing

[charitynjw]

Also, could you upload pics of site signage?