Smart Parking PCN Appeal Rejected

[Prig]

Hi all,

I received a PCN from Smart Parking the day I was going away on holiday. Due to the circumstances I thought the appeal would be a straightforward process and didn't realise at the time that's not how parking companies work. It's my first PCN. Anyway, they have rejected my appeal and have given me the option to appeal to POPLA. Before I do, I would like to see if anyone has any advice.

Briefly, I parked in a car park and paid at the meter. There isn't an option for app or online payment. I regularly park at this car park and am familiar with the payment meters. I entered my registration number, paid with a 50p piece for 1 hour (the correct amount) and pressed OK. The machine whirred as if printing a ticket but didn’t produce one. The screen then changed to transaction completed. The transaction process had worked and completed exactly as it always does with the exception of not issuing a ticket. Therefore my assumption is that the machine had run out of paper or the ticket had got stuck inside the machine.

Because of the lack of ticket, I tried to contact the parking company Smart Parking for assistance. Their onsite signage provided a premium rate telephone number for assistance which I called immediately but an automated message said that the number wasn’t monitored and to email them instead. Again I sent an email immediately explaining the situation before leaving the car park for my appointment. I was parked for a total of 22 minutes which includes the time to make a telephone call and send an email to the parking company.

I have tried an appeal explaining the situation – that I had paid for parking, not received a ticket, and had tried to contact their company twice for assistance. I provided a copy of my phone logs and email showing the date/time proving they were sent within a few minutes of entering the car park. I have never received a response to either my telephone call or my email. Instead they have issued the PCN which I received on the 21st July and appealed the same day. I received the response to my appeal yesterday the 22nd August, which they have rejected.

I think it is somewhat unfair that not only have I paid for parking but I tried to resolve an issue with their services at the time. They have failed to provide any assistance or any communication and instead simply issued a PCN and rejected an appeal.

I am located in Scotland which I think complicates things but does anyone have any advice on the appeal with POPLA. Do I just simply tell the truth and hope common sense prevails?

I have attached redacted copies of the PCN and appeal rejection letter.

Many thanks.


https://imgur.com/72OaDJz
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https://imgur.com/cvTlMb4

[des8]

As you have identified the driver, there is nothing to lose by appealing to POPLA.

You have proof by way of your phone logs and email of the failure of their machinery to issue a ticket, and their failure to respond to your attempts to contact them

[Prig]

Hi Des8, thanks for taking the time to respond, I appreciate it. I'll raise an appeal with POPLA and update this thread with how I get on.

One question before I do. While reading about this I see some people say the parking companies only have 14 days to raise a PCN and others say it's much longer. What are the rules around that? I ask because it was approximately 23 days before they sent mine and a further 14 days before I received it. I wonder if that's worth mentioning in the POPLA appeal as well?

[des8]

The Notice to Keeper has to be delivered within 14 days in most circumstances, Ii the keeper is to be held liable for the parking charge under the POFA 2012 regulations.

Unfortunately you have identified yourself as the driver so keeper liability regulations do not come into play , altho' there is no reason why you should not mention this delay in your appeal to POPLA

Good luck

[Prig]

Perfect, thanks again Des8.

I'm also going to try a FoI request for any CCTV footage they may have for that date/time. It will clearly show me paying at the meter and then making a phone call etc.

[Prig]

POPLA have issued their decision today. Appeal unsuccessful. Essentially, Smart Parking have shown evidence that other people paid for their parking "on that date" and therefore POPLA is satisfied the meters were working. After that it's essentially black and white that I didn't purchase a ticket and therefore the parking charge is valid. They accept I had difficulty in paying, they accept I tried to contact Smart Parking by phone and email but because they didn't respond I should have made alternative parking arrangements or made an alternative payment.

I'm honestly baffled. I did pay for parking, as the machine kept my money, but I didn't receive a ticket to display. Had I just left the car park and parked elsewhere it would still be the same, I hadn't paid for parking (I didn't know what the grace period was and spent much of it trying to contact Smart Parking). There was also no alternative payment options as it's a coin operated meter only.

I feel genuinely aggrieved by this. Is it worth taking to court or am I just going to end up losing because of the legal fact "I didn't pay". Which is incorrect, I did, but I cannot prove it. I did raise a FoI requested for CCTV footage but the site doesn't have any.

Thoughts or advice would be appreciated.

[des8]

It is not all black and white, unfortunately.

You do have your phone log and email of and at the time of the incident.
Of course you can't PROVE you didn't pay 50p, but chose instead to pay for a premium charged phone call to provide yourself with a defence in case the parking company were to take you to court

Any one with half brain cell will wonder at your reasoning, and if it ever went to court I would hope the judge was not brain dead. However small claims track is a bit of lottery.

Smart Parking aren't the most litigious parking company, so they might not go to court.
However they will instruct debt collectors (Debt Recovery Plus probably) who will write threatening letters which you can ignore, as they are toothless.
They may then (within the next 6 years) instruct solicitors (Gladstones probably) to initiate a court claim.
If you intend to let the matter go that far do not lose your phone logs or that email!

I would let it run all the way to court, but that is I
You might find it stressful and time consuming and prefer to pay the charge
Your choice

[Prig]

Thanks Des8. My instinct is to let it run to court. It seems entirely unreasonable that a company can offer an unmanned service, fail to provide assistance to a customer trying to comply with the t&c's, and then invoice £100 when they did not comply.

I understand why Smart Parking denied the appeal but I'm amazed POPLA did as well. Especially as they say they accept I encountered difficulties but conclude that I should have a) sought alternative parking or b) sought an alternative way to pay. Neither of which were an option in my view. Ignoring the fact that I did actually pay, had I just left the car park and parked elsewhere I would still have been subject to the PCN if I was over time. There were also no alternative payment methods, this car park is coin meter only. I stated this in my appeal.

What I will do is avoid racking up considerable costs. My faith in the system agreeing this was an unreasonable charge has been somewhat realigned So I'll do some research into what the potential costs could be and take it from there. Stressful and time consuming doesn't bother me but if debt collection can add to the costs then it's simply not worth it.

[des8]

Costs on the small claims track are limited to the fixed costs which the successful party has had to pay for issuing the claim and other court fees.

SO: £80 solicitors fees
£115 for the issue fee
£170 for the hearing fee

[Prig]

From a brief search, court fees appear to be based upon claim amount. Looking at the fees you've listed they would seem to be for claims of £1500 or more. Is that correct? Admittedly I've not looked into this properly yet but if they were claiming for the original £100 would costs not be within the first tier and so no more than £100-£150?

Also, as I'm based in Scotland (as was the parking) would this come under English courts or Scottish?

Thanks again for your time Des8 you really have been very helpful and it's really appreciated.

[des8]

OOPS! my senior moment for the day (& I had forgotten you were in Scotland)
yes. In England & wales fees are based on amount claimed and yes I've quoted wrong amounts.

I don't know if they can bring your case to court in England, and comments made earlier might not apply in Scotland

In Scotland I believe the case would be brought in under the Simple Procedure Rules

Perhaps ScottishSolicitor could comment please

[Prig]

Thanks Des8. I guess I'll find out one way or another I'll keep the thread updated as and when things change.

[Malik 123786]

Any updates?