Smart parking fine, fistral beach

[Ozzy0103]

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

[mystery1]

Re: Smart parking fine, fistral beach

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

M1

[Ozzy0103]

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

[mystery1]

Re: Smart parking fine, fistral beach

Post up what you do have.

M1

[Ozzy0103]

Re: Smart parking fine, fistral beach

Post up what you do have.

M1

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

[Ozzy0103]

Re: Smart parking fine, fistral beach

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.

[ostell]

Re: Smart parking fine, fistral beach

Unable to read, need quite a bit more definition.

[Ozzy0103]

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!

[ostell]

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.

[mystery1]

Re: Smart parking fine, fistral beach

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

M1

[Ozzy0103]

Re: Smart parking fine, fistral beach

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?

[mystery1]

Re: Smart parking fine, fistral beach

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

M1

[Ozzy0103]

Re: Smart parking fine, fistral beach

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?

[mystery1]

Re: Smart parking fine, fistral beach

I'll sort a suitable popla appeal soon.

M1

[Ozzy0103]

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.