Smart parking Popla

[Mum2one]

Hi there,

I received PCN from smart parking on 16/05/21. It was our first time in that area and I paid for an hour as we were going to Next for collection and maybe Asda. The time issued in the parking ticket was 14:28. There's only one parking meter which was on the ground floor and there's a lift going down which is slow to come up. Anyway, so we did our shopping and it had started raining so we came back to our car, buggy and everything put back and our toddler had soiled nappy so had to change it in car before riding off and didn't think much about few minutes gone by. The camera shows entering at 14:21:51 and leaving at 15:33:33.

I appealed against the charge and they send me letter saying they're going to uphold the PCN but have given me option of paying at discounted amount or appeal further with POPLA.

I'm strongly leaning towards appealing again but any help to appeal will be appreciated.

[ostell]

Has the driver been identified, yes or no?

[Mum2one]

I'd have to say Yes as when I appealed I replied "we bought the ticket .... " can grace period be mentioned when going through POPLA?

[ostell]

I think you have gone past the grace period and not just a few seconds. There is an argument that the camera is not showing the actual parking time merely the time you were moving (which cannot be parking) in front of the cameras.

Another argument is having to change the nappy of a baby. This is allowed and because you could not move off then this is frustration of contract. Their is legislation determining this but I can't remember the details, perhaps someone will read and add commnets.

[Mum2one]

Update - I won the appeal and don't have to pay fine

[ostell]

Good result

P.S. it's not a fine!