*WON* Flowers Way Luton Smart Parking PCN for driving out.b- won

[V1ad]

Good day to you all.

I've read all the sticky threads and previous topics and failed to find one with a similar circumstances to mine, hence posting.
I drove into Flowers Way Luton (Smart Parking) car park and realised that the PP only takes coins (not cards or even notes and there wasn't a phone number either). This was to my surprise (I've been driving for 3 weeks and never used private car park before, so I didn't anticipate coins only situation)

So I walked to the nearest shop, just to find that it's closed, I then walked into a pub to be told that they not allowed to give change out.
I returned to car park and drove out in search of coins 19 minutes later (difference between entry and exit time stamps on PCN)
I then returned after about 1.2 hours later (as I had to attend an event) and paid one hour for original entry and one hour to stay, as I thought this would cover me.
I still have the parking receipts for those two hours paid later.
I just received PCN for the 19 minutes stay when I drove out to look for some change.
This isn't a supermarket or retail car park.
Is it worth challenging this PCN or was I in the wrong for driving out?

Any advice is much appreciated.
Lumen

[mystery1]

Re: Flowers Way Luton Smart Parking PCN for driving out.

http://legalbeagles.info/forums/show...ket-on-vehicle


The driver paid for parking having initially entered and could not get sufficient coins they left then returned with change and paid for sufficient time to cover both periods even though the 1st time they didn't enter a contract. (see copy of receipt)

M1

[V1ad]

Re: Flowers Way Luton Smart Parking PCN for driving out.

I wrote them the following:

I, as registered keeper, wish to invoke your appeals procedure. The driver paid for parking having initially entered and could not get sufficient coins, they left then returned with change and paid for sufficient time to cover both periods even though the 1st time they didn't enter a contract. (see copy of receipt)


I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.


Should you reject my appeal, please supply a POPLA code.

[V1ad]

Re: Flowers Way Luton Smart Parking PCN for driving out.

I got this through the post today.

Dear…
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 24/06/2016.
We note the you are appealing as the registered keeper.
We have acknowledge the evidence provided and the comments stated that a valid ticket was purchased, we would like to clarify that tickets are only valid form point of entry to exit to the site. Both the tickets provided are only valid for the second period of stay on site.
Having checked our payment system, we can confirm that there is no payment logged against vehicle registration ******* for the first period of stay. The signage clearly advises motorists to enter the full correct vehicle registration and that payment must be made to cover the entire duration of their visit. As you have failed to pay for your visit, we can confirm that this PCN has been issued correctly and in accordance with the advertised Terms and Conditions.
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 on their website at ....
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 submitted without this code will not be assessed. You have 28 days from the date of this letter to lodge your appeal with POPLA. Please note the early payment discount period will have passed by the time your appeal has been considered by 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.
If you have any trouble in appealing or cannot access the website please contact us on the number above.
Yours Sincerely
Smart Parking Limited

They really do want me to pay and even extended the discount period. Any advice as to what I should do next?

[mystery1]

Re: Flowers Way Luton Smart Parking PCN for driving out.

If it were me, i'd appeal to popla and expect to win nearly all the time. The discount would never come back though so if you did lose and decide to pay then it's £100. Smart as yet are not very litigious so if you lost at popla, ignoring would be advised (except court papers obviously).

If you want a hand with popla post up the PCN and signs if you have pics.

M1

[V1ad]

Re: Flowers Way Luton Smart Parking PCN for driving out.

Hi M1,

Apologies for the late reply. I returned from holidays last night. I was flying from Luton and wanted to return to the car park and take few pictures of the signs etc. (as I live about 2 hours away from Luton otherwise) Uber wated £20-£25 from Luton airport to the car park where I got issued a fine (5-7 min drive), robbers... So I don't have any pictures of the signs.

Here's the PCN and initial rejected appeal (please see attatched)

I've drafted my POPLA appeal letter based on similar cases and mainly on responses you've posted in the past.
Could you have a look and tell me what you think?
Many thanks in advance for your time and hard work.
Vlad

[mystery1]

Re: Flowers Way Luton Smart Parking PCN for driving out.

That's pretty old info from before Beavis in the supreme court.

Try this

V1adpopla.rtf

parking-prankster.blogspot.co.uk/2015/09/new-popla-process.html

M1

[V1ad]

Re: Flowers Way Luton Smart Parking PCN for driving out.

Guess what!? RESULT!!! Smart Parking didn't contest my appeal. Thousand of thanks to you M1.

Here's my full appeal in case somebody has the similar case.