Lost appeal to Smart Parking - Do I appeal to POPLA?

[branners82]

Hi there

I am hoping someone can help me here because I believe that this PCN is completely out of touch and we should not be made to pay anything.

My wife was using my car to go meet her parents for lunch 09/07/2022. She entered the parking lot at 12:04, she parked and went to the parking metre to pay for the parking. She made multiple attempts to put money into the metre, at first the money would run through. Eventually, the machine started swallowing her pound coins, she then switched to 50p coins thinking it would accept them. She put in a total of £4.50 that the machine swallowed.

in a flutter, she returned to the car and put a note on the windscreen stating that the machine was not working and she was trying to find a parking enforcement person (those cop looking people handing out fines).

she then walked around the parking lot to try and find someone to try and help, after a few unsuccessful minutes she then returned to my car and left the parking to find alternative parking, she left that parking lot at 12:17 (13 minutes total). She has also told me that the couple that tried to get a ticket from the machine behind her was also having issues and the machine was swallowing their coins too.

so, we received a PCN last week and she immediately lodged an appeal as myself referring to her. I read the appeal and agreed with everything stated as:

* CCTV should show her attempting to make payment, I cannot yet confirm that there is, in fact, CCTV in the area but I really hope their is. Would this be a mitigating factor?
* As she never left the parking lot, this should also be evidenced by the CCTV
* the parking metre should have more coins than tickets issued, given the fact that the machine swallowed hers and the next peoples money. It would be safe to assume that this was probably happening constantly that day.
* As soon as she was unable to pay for the parking due to the machine being faulty, she left to find alternative parking. I am sure there is CCTV of the area she parked in.

I mean, she was only in there for 13 minutes while parking, trying to pay for parking, looking for someone to help then leaving, I really feel like this is completely out of order.

we received a rejection letter today stating that they have carefully reviewed the evidence and due to the fact that RingGo was available, she had no excuse not to pay. While she did not have her phone on her, This should be irrelevant to the fact that she had already fed £4.50 into the faulty machine. Why should a customer be forced to pay multiple charges, that is extortion in my opinion.

is this grounds for a successful appeal or should we just suck it up and pay? I want to fight this because it’s completely unfair and unjustified in my opinion.

I thought about the following:

1. putting in a subject data access request for all the movement around my car, is this even applicable? Alternatively, my wife could do the same requesting all footage of her movements within the parking lot?
2. Am I able to request a meter reading for that day which will prove that the machine had more funds than tickets issued and the meter was faulty?

any advice would be greatly appreciated here, I really can’t believe it has got to this. I honestly thought the initial appeal would overturn the PCN as initially I didn’t realise it was a king grabbing private company managing the parking lot.

[branners82]

Just to add to this, I have also now just realised that the date of contravention was 09/07/2022. We only received the PCN late last week and appealed the decision the same day within an hour of receiving the letter. Is there a 14 day time limit for us to receive the PCN? If so, that was well after 14 days.

[branners82]

I cannot find how to edit the post or delete my comment but seems any length of time is applicable for issuing PCNs so please disregard my comment.

[ostell]

No, they have 14 days to deliver the Notice to Keeper. However you seem to have identified the driver. Have you? In which case they could be acting against the driver and the 14 days is immaterial.

ANPR cameras do not have a continuous record of of the location, only number plates and is not at all like CCTV.

[branners82]

Hi mate

the PCN was issued to myself but my wife was driving my vehicle at the time. The PCN was issued to me as the keeper but in the appeal, I stated that my wife was driving.

Are we in a position to appeal here at all?

I think the only thing we have to go by is the fact that there would be more money in the machine than tickets issued as I took a drive there today and there is no CCTV cameras in the parking, only the ANPR one.

[ostell]

Post up the PCN, suitably redacted, but leave dates. If this is not a hire or lease car I would have suggested:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at the time and as there is no legal requirement to name the driver I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

Have you got a POPLA code to appeal to POPLA?