Smart Parking Charge - help-won

[dizzi]

Re: Smart Parking Charge - help

[ATTACH=CONFIG]20794[/ATTACH]

http://parking-prankster.blogspot.co...a-process.html shows how to enter it. You may have to save as a pdf first though.

M1

I submitted the appeal in the nick of time. Thank you for your help

[dizzi]

Re: Smart Parking Charge - help

I have had a letter today from debt recovery plus saying I now owe £120 and there was a landmark court case in November suggesting all parking operators are legally righteous.

My POPLA appeal still says they are processing operator information. Smart Parking's response to POPLA stated that my initial appeal does not match my POPLA appeal and a load of other yak, plus pictures of the signage. Funny how the sign entering the car park makes no mention of a hefty fine (although it does say "ask if you need more time") but the others do.

[dizzi]

Re: Smart Parking Charge - help

I just spoke with POPLA. I now have 7 days to comment on the evidence submitted by Smart Parking and a copy of my original appeal sent to Smart.

Will it help me to comment on what they have said? M1 would it be an idea to look at my initial appeal before I comment?

I spoke to the debt recovery, they were not aware of the POPLA appeal and have now put it on hold. It will revert back to the original amount if POPLA is unsuccessful.

[mystery1]

Re: Smart Parking Charge - help

My time is scarce until Thursday PM, but depending on the evidence it could be advantageous to comment. Not always though.

Post it up for scrutiny.

M1

[dizzi]

Re: Smart Parking Charge - help

Hi M1. I have uploaded my original appeal and Smart's POPLA response.

I appreciate all your help

- - - Updated - - -

You can see my original appeal was quite personal and very honest. I now realise it is more about being legally clever as this type of company has no moral fibre.

[mystery1]

Re: Smart Parking Charge - help

Did they include the actual PCN ? Signs ?

M1

[dizzi]

Re: Smart Parking Charge - help

Here is all they sent

[dizzi]

Re: Smart Parking Charge - help

I think this is all of it. So yes photos and original photos of car and notice.

dizzi

[mystery1]

Re: Smart Parking Charge - help

I can see the images of the vehicle which were probably on the PCN but not the actual PCn ??

M1

[dizzi]

Re: Smart Parking Charge - help

I can see the images of the vehicle which were probably on the PCN but not the actual PCn ??

M1

This is the original, it is also in my first post at the top which I forgot to mention

[mystery1]

Re: Smart Parking Charge - help

I know that but was it included in the evidence ? Cases have been lost by companies before because the PCN wasn't given to popla.

M1

[dizzi]

Re: Smart Parking Charge - help

Hi M1.

It was not included in the evidence that I received, only the photo of the car which I uploaded earlier.

Today is the final day I have to comment, is there anything that would be good to say?

dizzi

[mystery1]

Re: Smart Parking Charge - help

You could let it ride and hope popla rule as the old mob did or

I would like to comment on the operators evidence as follows :-
The operator has not evidence a parking charge notice and the appeal should be allowed.

I prefer the first one as the second may let them address the issue.

M1

[dizzi]

Re: Smart Parking Charge - help

Thanks for your help M1, I have put the money aside just in-case anyway. Let's see what happens.

[dizzi]

Re: Smart Parking Charge - help

My appeal was successful!

Decision
Successful

Assessor Name
P T

Assessor summary of operator case
The operator states that it issued the Parking Charge Notice (PCN) on the basis that the appellant’s vehicle was parked in excess of the permitted free time.


Assessor summary of your case
1. The charge is a penalty 2. Unfair charges 3. Locus Standi 4. Signage 5. Keeper liability


Assessor supporting rational for decision
The appellant has raised several grounds for appeal. However, my findings will focus on landowner authority, as this ground has persuaded me to allow the appeal. Section 7 of the British Parking Association (BPA) code of practice requires operators to own the land or to have written authority from the landowner to operate on the land. As the operator has failed to provide any evidence in response to this ground of appeal, it has failed to prove that it has the required authority to operate on the land in question. I have not considered any other grounds for appeal, as they do not have any bearing on my decision.



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Now I can get back my money from enterprise !