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Smart parking appeal rejected. Overstayed but not as long as claimed

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  • Smart parking appeal rejected. Overstayed but not as long as claimed

    Three mistakes I’ve made already.
    Parked for 337 minutes but only paid for 300.
    Threw their letter away so not sure if it came within 14 days.
    Identified myself as the driver via their appeals form.

    They originally claimed I did not pay at all. I appealed with an app receipt showing I paid for 300 minutes.

    They have now rejected the appeal and changed their claim to say I parked for 344 minutes yet only paid for 240.

    They have provided photos and timestamps of my arriving and leaving, showing 337 minutes.

    A few minor time mistakes their side. Mainly rejecting my evidence showing a receipt for 300 minutes and they say I only paid for 240.

    Regardless, I did overstay by 37 minutes. Should I appeal?
    Tags: None

  • #2
    Not so Smart Parking!

    To whom are you thinking of appealing, and on what grounds?
    No point appealing to them - Accepting appeals does not swell their coffers, so they tend to reject even valid appeals.

    You could let the matter lie until they initiate a court claim.
    Smart Parking are prone to making mistakes ............

    Comment


    • #3
      Sorry, appeal to POPLA would be my next stop.

      Are they able to switch from “you didn’t pay”, to “you didn’t pay for long enough” based on my evidence?

      Do they need to provide accurate timings to issue a valid fine (something they have failed to do)?

      Is an 11% overstay within the “only just out of time” threshold?

      Comment


      • #4
        PoPLA are a bit of a lottery, but it costs nothing to appeal so go for it.
        however in your appeal don't identify the driver.. just refer to the driver did this that or the other.

        Other points to consider; signs (plentiful and font large enough?) was there a sign at the entrance?
        Were the signs capable of forming a contract or were they forbidding in nature?

        Was there a reason for the overstay ?shops crammed full ?carpark jammed up/ passenger taken ill? slow service in restaurant if eating there

        A "grace period" at the end of parking is limited to 10 minutes

        Comment

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