HELP! Smart Parking appeal rejected - won

[Sue246]

Hi, I received a Parking Charge Notice a month ago and appealed and I've just received their response today and they've rejected it. Please help, do I pay or should I appeal to Popla?

In my appeal to Smart Parking I stated that I bought a 1 hour ticket and returned to my car at the end of that hour but because I had my 3 children with me it took time to load the bags, take my youngest child out of his buggy and strap him in his car seat when he tried to resist it, then strap my other child in his seat, fold the buggy and load it in car then settle myself in car too.
They say I overstayed by 19 mins but actually it's only 16 mins from the ticket expiry to exiting the car park. I did not see any signs that said I had to leave the car park by the time the ticket expired, and who actually reads the small print (and I mean small) on a sign when it's so long winded and full of waffle and jargon!
I paid £1 for an hour parking so I don't know how they can charge a fine for £60/£100 as their 'loss' caused by me overstaying for 16 mins.

From what I've read on this forum I wish I'd seen this website sooner before appealing and more or less admitting I was the driver

Please can you advise me, will I be successful if I lodge an appeal with Popla?

Thank you

[mystery1]

Re: HELP! Smart Parking appeal rejected

Please can you advise me, will I be successful if I lodge an appeal with Popla?

The running of popla has changed from one company to another. The original company always allowed my appeals 100%. There are no reported decisions from the new company. I have only composed 1 appeal as i am hoping to see some decision, before i let loose on a few others, to hopefully confirm that nothing is changing in how appeals are decided.

As you have about 3 weeks i'd return from 20th October and seek advice on how to lodge a popla appeal then.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

Thanks for your response M1. I'll keep checking for any updated info. So are you saying I shouldn't just pay up £60 and cut my losses before the discount period expires on the 17th?

[mystery1]

Re: HELP! Smart Parking appeal rejected

I wouldn't pay but each individual must make their own decision based on their own circumstances.

I've added you to http://www.legalbeagles.info/forums/...udsman-appeals so let me know if you pay so i don't waste time

M1

[mystery1]

Re: HELP! Smart Parking appeal rejected

sue246popla.rtf

http://parking-prankster.blogspot.co...a-process.html

That explains entering a popla appeal quite well.

You only get one shot so enter everything at once. You may need to convert to pdf, i'm not sure on that.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

Thank you so much for this M1, I appreciate the time and effort you put into this appeal, I'm very grateful. Let's hope we win!
Have there been any decisions from this new Popla or are people still waiting for replies?
By the way I noticed the £ amounts are £70 (£40) in the appeal but my PCN is £100 (£60) the robbing gits, should I change the amounts (if that's actually possible?)

[mystery1]

Re: HELP! Smart Parking appeal rejected

Oops, yes change it.

There have been 2/3 uncontested appeals and 1/2 others which indicate they are deciding in broadly the same manner as the old popla so all should be well.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

Thank you.
Just wanted to know, will it matter that I didn't mention anything about poor signage or the unfair charge amount etc when I initially appealed to Smart Parking? Unfortunately I did it before seeing this fab forum.

[mystery1]

Re: HELP! Smart Parking appeal rejected

No.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

When you say you only get one shot so enter everything at once, do I just fill in the online Popla form as per the Parking Prankster link and attach your appeal file and nothing else?

[mystery1]

Re: HELP! Smart Parking appeal rejected

Yes, unless you have pictures of bad signage or evidence the car was elsewhere etc.

M1

[jhiker]

Re: HELP! Smart Parking appeal rejected

I'm new to this but I've just appealed successfully against Smart Parking. They didn't say why they'd upheld my appeal but I suspect it was because I argued that the PCN was not POFA compliant. The wording on your PCN is very similar to mine so you might want to focus on this in you POPLA appeal and add it to your argument.
You can see the thread here...
http://www.legalbeagles.info/forums/...-s-it-look-Won
Good luck!

[mystery1]

Re: HELP! Smart Parking appeal rejected

I'm new to this but I've just appealed successfully against Smart Parking. They didn't say why they'd upheld my appeal but I suspect it was because I argued that the PCN was not POFA compliant. The wording on your PCN is very similar to mine so you might want to focus on this in you POPLA appeal and add it to your argument.
You can see the thread here...
http://www.legalbeagles.info/forums/...-s-it-look-Won
Good luck!

Unfortunaely Sue246 has indicated the she was driving or that would be correct, as it is for all Smart tickets.

M!

[jhiker]

Re: HELP! Smart Parking appeal rejected

Unfortunaely Sue246 has indicated the she was driving or that would be correct, as it is for all Smart tickets.

M!

Which begs the question, why don't Smart Parking simply alter the wording on their NTKs to make them POFA compliant?

[mystery1]

Re: HELP! Smart Parking appeal rejected

Which begs the question, why don't Smart Parking simply alter the wording on their NTKs to make them POFA compliant?

Stupidity and/or popla/courts don't get far enough to rule on it often enough that they see it as a problem.

M1