HELP! Smart Parking appeal rejected - won

[ostell]

Re: HELP! Smart Parking appeal rejected

[ATTACH=CONFIG]20412[/ATTACH]

You may need to convert to pdf, i'm not sure on that.

M1

Mystery, your statement about PDF. I've used the free Bullzip PDF printer for many years now. It works. It pretends to be a printer so it appears on your list of your available printers and you select it. Did try to message you but you are not receiving.

[mystery1]

Re: HELP! Smart Parking appeal rejected

Mystery, your statement about PDF. I've used the free Bullzip PDF printer for many years now. It works. It pretends to be a printer so it appears on your list of your available printers and you select it. Did try to message you but you are not receiving.

I don't want to PDF them in case the appellants wish to make minor changes. I could do it using save as in Libreoffice.

My PMs are off because some people want off forum help and that's against the wishes of the site. It also stops people picking up mistakes or learning so it is something i agree with.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

Thanks jhiker for your input.........I so wish I'd got some advice first before initial appeal!

[Sue246]

Re: HELP! Smart Parking appeal rejected

Over a week ago I received a demand for payment of unpaid parking charge £160 from Debt Recovery Plus, letter dated 4/11/15, should I ignore it? It says payment to reach them by 18/11/15.
Then last week I received an email from Popla saying they'd received the case file from Smart Parking and that I've got 7 days to provide comments on the file. I've been sent a paper copy of their response as well. Is it necessary to say anything more?

[mystery1]

Re: HELP! Smart Parking appeal rejected

Email DRP and tell them you have a popla appeal outstanding and they shouldn't therefore be hounding you.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

Thanks M1, will email them.
Not sure how to post up the response I received from Smart Parking which I've scanned as a pdf file so will email it to admin/Kati for you to look at if possible. I think they've got me mixed up with someone else as I'm sure ASDA don't own the town centre car park, it's nowhere near an ASDA store. Plus, one minute they're saying I purchased a 60 min ticket and then next they're saying I didn't purchase a ticket at all! And they also didn't provide the all important contract, saying it's because it contains commercially sensitive information.
I got the Popla email on the 13th so got till 20th to comment.
Thanks

[Kati]

Re: HELP! Smart Parking appeal rejected

.........

[mystery1]

Re: HELP! Smart Parking appeal rejected

Thanks M1, will email them.
Not sure how to post up the response I received from Smart Parking which I've scanned as a pdf file so will email it to admin/Kati for you to look at if possible. I think they've got me mixed up with someone else as I'm sure ASDA don't own the town centre car park, it's nowhere near an ASDA store. Plus, one minute they're saying I purchased a 60 min ticket and then next they're saying I didn't purchase a ticket at all! And they also didn't provide the all important contract, saying it's because it contains commercially sensitive information.
I got the Popla email on the 13th so got till 20th to comment.
Thanks

Nothing stands out to me that you haven't already said. The ticket issue i'd ignore.

I would like to reply to the operators evidence as follows :-

The operator states they have a contract with Asda who do not own, and are nowhere near, the site in question.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

Thanks M1, do you think I'll be successful?

[mystery1]

Re: HELP! Smart Parking appeal rejected

Yes.

M1

[Sue246]

Re: HELP! Smart Parking appeal rejected

[MENTION=5354]mystery1[/MENTION] Yeyyyyyy my appeal was successful! Thank you so much for all your help, and your time and effort you put into this. I couldn't have done it without you that's for sure. THANK YOU M1
Do you think it's because Smart Parking messed up saying ASDA was the landowner?


Decision

Successful


Assessorsummary of operator case

Insufficient time was purchased.

Assessorsummary of your case

She is the registered keeper andwishes to appeal as follows. 1. The charge is a penalty 2.
Unfair charges 3. Locus Standi 4.Signage

Assessorsupporting rational for decision

The appellant has raised severalgrounds for appeal. However, my findings will focus on
Landowner authority as this ground haspersuaded me to allow the appeal. "Section 7 of the
British Parking Association (BPA) codeof practice requires operators to own the land or to have
written authority from the landownerto operate on the land. As the operator has failed to provide
any evidence in response to thisground of appeal, it has failed to prove that it has the required
authority to operate on the land inquestion. Accordingly, I must allow the appeal. I have not considered any othergrounds for appeal as they do not have any bearing on my decision.