**WON** Smart Parking refuse to cancel fine

[Smudger01]

Firstly, hello everyone and what a great find this site is! Hoping someone can provide a steer in the right direction. Holidaying in Cornwall from Scotland, we'd paid all carpark charges but husband and toddler went off to Fistral beach whilst we visited Newquay whilst I shopped. Got phone call an hour later to say toddler had smacked head on rock and could I come to pickup, which I did in a panic.

Went to carpark for total of 22 mins to get toddler cleaned off, calmed down and into the car. Had no idea of camera system as first visit to carpark. Explained all this to Smart Parking, and that feeding a meter was furthest from my mind. They refused to recognise mitigating circumstances and asked us to pay. Feel this is a grossly unfair charge. If it was in Scotland I'd throw in the bin as can't be enforced, but bit afraid of consequences If we ignore. Worth going to POPLA? Any advice much appreciated. Many thanks

[ostell]

Re: Smart Parking refuse to cancel fine

Being Scots could still save you. Wait for more enlightened information.

[Smudger01]

Re: Smart Parking refuse to cancel fine

Hi Ostell not sure I understand thankfully we are still all British and DVLA is DVLA...?

[ostell]

Re: Smart Parking refuse to cancel fine

But POFA, the ability to claim from the keeper of the car, does not apply in Scotland, ie in the bin, and the Scots judicial system is separate from the English/Welsh system. Did you let on who was driving?

Wait until someone can give a more definitive answer.

[Smudger01]

Re: Smart Parking refuse to cancel fine

Thanks Ostell-I told them I was driving but husband and I are both Scottish anyway. I believe the systems are different but similar to if vehicle was registered in Europe somewhere, I wonder how enforceable it'd be...?

[mystery1]

Re: Smart Parking refuse to cancel fine

I would appeal to popla but not along the lines of the mitigating circumstances which are guaranteed to lose.

Post up the appeal and PCN, suitably sanitised.

Smart are not litigious yet, so it's currently highly unlikely they try a cross border case unless they suddenly decided to take everyone to court but i'd certainly try to put it to bed.

M1

[Smudger01]

Re: Smart Parking refuse to cancel fine

Thanks M1-what do you mean by "post up the appeal and PCN"? Without mitigating circumstances I don't see what other recourse I could have, other than we just chose not to pay...

[mystery1]

Re: Smart Parking refuse to cancel fine

http://legalbeagles.info/forums/show...ving-out-b-won

http://legalbeagles.info/forums/show...k-parking-Ltd)

http://legalbeagles.info/forums/show...ance-WON/page2

Etc etc.

Smart are the easiest to defeat of the larger operators although nothing is ever guaranteed.

M1

[Smudger01]

Re: Smart Parking refuse to cancel fine

Kind of wish I hadn't stated so much detail in my initial appeal to them as guessing if I choose from one of the scenarios you've pasted (ie I didn't see the warning signs), they may say it's a different version of events. The fact my son had bloodied his head meant o really didn't see anything vaguely parking related. Sob story aside, not noticing the signs due to extenuating circumstances appears to perhaps be best bet?

Should I copy and paste the long letter you've provided and amend where appropriate? Is that the most sensible way to proceed do you think?

Just been reading the other threads-amazing resource: thanks again!

[mystery1]

Re: Smart Parking refuse to cancel fine

If you post up the PCN they sent you and show your appeal i'll write something you can use. (sanitise them of personal info before posting on here).

M1

[Smudger01]

Re: Smart Parking refuse to cancel fine

Hi M1

I've pasted below both my original appeal to Smart PArking and attached a copy of their response to that appeal. May also be worth noting that we'd signed up for the SmartPhone app which enabled us to pay for parking tickets from our phone in every other carpark we visited in Cornwall and the records would indicate the paid charges on every other occasion? Many thanks for your help with this and very happy to take any advice you're able to provide in terms of the POPLA appeal. Please let me know if you need anything beyond this?

Original appeal to Smart PArking:
I opened your parking fine this morning with some dismay. Whilst in Newquay last week, my husband and 3 year old son walked down to Fistral Beach while I stayed in town shopping. I received a call to tell me our son had whacked his head on a rock on the beach, and could I come and get them ASAP.

I note that your cameras picked up the carparak stay all of 25 mins while I went to fetch them, but did they also pick up the fact that the car was parked in 2 different locations during that time? Not having been there before, I firstly parked at the top of the hill, ran down and then discovered it was a bit of a walk for a wee lad, so went back, drove right down to the beach entrance and picked them both up. If you require the level of detail, additional time was then spent cleaning up the sand, snot and tiny amount of blood from him, before calming him down and getting him in to the car.

Being from Scotland and a first time visitor to Cornwall, I was also unaware of your camera scheme ... hope you can appreciate parking meters were not foremost in my mind, but did your cameras not also pick up the hurried note I'd left on the dashboard (which I still have, if required) with my mobile phone number displayed, to advise the parking warden I was just there for a pick up and to call if any issues. Given these circumstances, and the net length of time we were parked, I do feel a fine is very unfair. I would hope, in the spirit of your 'common sense approach' I noted on your website, you would view this situation sympathetically and revoke the notice. Many thanks

[mystery1]

Re: Smart Parking refuse to cancel fine

Do you have the original pcn ?

M1

[Smudger01]

Re: Smart Parking refuse to cancel fine

Hi M1 - here you go. Thank you again for helping me with this. Really much appreciated indeed.

[mystery1]

Re: Smart Parking refuse to cancel fine

http://www.parkingcowboys.co.uk/popla-code-checker/

How long have we got ?

M1

[Smudger01]

Re: Smart Parking refuse to cancel fine

Saturday 27th August...16 days remaining to lodge the appeal. This enough time do you think?