smart parking penalty for wrong registration

[honeyuht]

Hi,

My dad recently got a parking fine from Smart Parking for not "paying" during his stay at the car park ( backed up by camera evidence of number plate when going in and when leaving the car park)
I have appealed to SP stating that my dad has paid the fee, but did not know he had to enter his registration instead of the bay number. Instead my dad typed in the bay number, as he had done before in this particular parking last time he parked there (about 5-6 months ago).
I have sent prove of the ticket but SP still upholds his penalty.

Do I have a chance appealing to POPLA?

1. There is no signage near the machine or on the machine telling people to type in their registration.
2. A few months back, another machine on the car park was just asking for the bay number to be inserted.
3. There is no CCTV to prove the car owner has paid at the machine.
4. The fee for 1 hour is £1. (my dad only stayed for 30 minutes) The penalty charge is £100.

Please help!!!
[MENTION=5354]mystery1[/MENTION]

[mystery1]

Re: smart parking penalty for wrong registration

I would say you might win but popla is more a gamble than it used to be so it your call whether to risk £40.

Similar to this section from arecent popla appeal i did for a parking eye charge.

6. Parking eye have not met the requirements of PoFA 2012 schedule 4 and the keeper therefore cannot be held liable.




9 2 The notice must -


(b) "inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full"


The PCN has time of arrival and time of departure at the cameras located at the exit/entrance and clearly the car is/was not parked at this point and thus the period of parking is not specified as required. It is also a requirement that parking is not immediate as per the BPA code of practice.




(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable.


This is unclear or missing.


(d)specify the total amount of those parking charges that are unpaid, as at a time which is—




(i)specified in the notice; and




(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));


Parking Eye are claiming £100 but have failed to deduct the £5 already paid and therefore have failed to specify the amount due.


(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—




(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and




(ii)the creditor does not know both the name of the driver and a current address for service for the driver,




the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;




Parking Eye have stated 29 days from the date given which is different to the statute.


(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;


Parking Eye have failed to identify the creditor. Th signs state "Parkingeye Ltd is authorised by the landholder to operate this private car park for and on it's behalf" and on the PCN claim that Parking eye are the creditor. The sign says they are not.





Now this is largely untested ground, which if it works utterly screws ANPR operated car parks.

Until some results come through there is simply no form to go on.

M1

[honeyuht]

Re: smart parking penalty for wrong registration

So my dad better pays up the £60 now than to appeal to POPLA, risking a payment of £100?

My dad is adamant not to pay a penny as he has paid the parking fee. He still got ticket to prove and the bay numbers of a previous car park system are still there, making it confusing for drivers who have parked there before. Smart Parking with ANPR system has only been installed recently (not more than 3 months). Especially as my dad doesn't know English well, he didn't understand the new system requiring registration upon parking fee.

It seems I need to convince my dad to pay up now :tinysmile_cry_t:

Many thanks for your time by the way, mystery1, very much appreciated!!!

[mystery1]

Re: smart parking penalty for wrong registration

I'm not saying he has to pay. I'm saying if he continues to fight i'll help but won't do so without explaining he could be £40 worse off IF we don't win.

M1