ASDA Smart Parking LTD. Fine

[mystery1]

Re: ASDA Smart Parking LTD. Fine

Hi M1 the actual deadline is the 23rd.

22nd ok for you ?

M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

Fine by me. Thanks M1

[mystery1]

Re: ASDA Smart Parking LTD. Fine

donmaggipopla.rtf

http://parking-prankster.blogspot.co...a-process.html

That explains entering a popla appeal quite well.

You only get one shot so enter everything at once. You may need to convert to pdf, i'm not sure on that.

M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

Will it ask for any evidence etc, do I just go allong the lines of my original email I sent to the appeal?

[mystery1]

Re: ASDA Smart Parking LTD. Fine

It will. The only evidence you have is your photos in the dark (not the close up though )

M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

just had a read through the doc, do i use all of it as it 4725 words, where as page 4 of the appeal only asks for 2000

[mystery1]

Re: ASDA Smart Parking LTD. Fine

Save as a pdf and follow the instructions per the link i gave :okay:

M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

ah i see add it as an attachment with the evidence, any text at all to be put into the 2000 word box?

[mystery1]

Re: ASDA Smart Parking LTD. Fine

See pdf for appeal

Or something like that.

M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

DONE!! fingeres crossed, many thanks in advance M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

Hi M1.

Just an update. Just had smart park to send in their evidenced against the appeal, here's the summary so far. I've got 7 days to reply, doesn't look very promising though.


Operator Case Summary
On the 06/09/2015 the vehicle with registration MXXX XXD was captured by the cameras at ASDA STORE HAZEL GROVE entering and exiting the car park. The car park in question is an Automatic Number Plate Recognition (ANPR) system monitored car park. Every accessible entry and exit point to this car park is managed by either an entry or exit camera which takes an infrared image of the vehicle registration as it passes by. When the vehicle enters it creates one image which will then be paired with the subsequent exit image. If the time between the two captures goes over the maximum free time on the car park, a Parking Charge Notice will be created should the registration not be on any authorisation list and sent out to the registered keeper. The Appellant raises various points in their appeal to POPLA however, we would question the authenticity of the Appeal. Furthermore, the Appellants comments are not relevant to the contravention that was issued. We would like to clarify that the Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers. As stated on the signs in the car park there is a maximum stay period of 1.5 hours. On the date of contravention the Appellant was parked on site for a duration of 120 minutes, breaching the advertised terms and conditions and as a result of this the Appellant incurred a Parking Charge Notice. In response to the Appellants comments we refer to the case ParkingEye vs Beavis where, on the 4th November 2015, the Supreme Court handed down Judgment. This further appeal lodged by the Defendant was heard over the course of three days during July 2015 and the majority decision reached by the Supreme Court, dismisses Mr Beavis’ appeal on both grounds. In reaching this decision, Lord Neuberger, Lord Sumption, Lord Mance, Lord Clarke, Lord Carnwath and Lord Hodge (Lord Toulson dissenting) found that the Parking Charge levied by ParkingEye was neither ‘unfair’, nor ‘penal’, and concluded that ParkingEye had a legitimate interest in charging overstaying motorists. The Supreme Court also agreed with the analysis of the amount of the Charge previously proffered by both HHJ Moloney and the Court of Appeal, finding that the sum of £85 was neither ‘extravagant, nor unconscionable’, as well determining that the amount of the Parking Charge was reasonable. On this basis, the charge remains outstanding. There are several signs located around the site including entrance signs that inform motorists of the advertised terms and conditions. The signs clearly state that there is a maximum stay time of 1.5 hours. As the Appellant was on site for a duration of 120 minutes they overstayed the maximum allowed stay time by 30 minutes, therefore, breaching the terms and conditions of this site resulting in them incurring a Parking Charge Notice. It is the responsibility of the Motorist upon entering the site to ensure that they have read and fully understand the terms and conditions of that site before using the car parking facilities. The car park is private land and the owners allow access to the public on condition that they park according to the advertised terms and conditions, the signs warn that non-compliance may result in a parking charge notice. Persons entering the car park are, in effect, agreeing to the terms and conditions and if they park in breach of the terms and conditions the landowner has a right to make a charge The Terms and Conditions of the car park are requested by our client and Smart Parking Ltd as an agent enforces these. The terms and conditions must be adhered to by all Motorists when using the car parking facilities. In the light above and evidence enclosed. Smart Parking Ltd have decided to uphold the Parking Charge Notice.

[mystery1]

Re: ASDA Smart Parking LTD. Fine

Have they produced the contract ?

Have they produced a rebuttal to the point that in the dark the signs were not easily seen ?

Have they rebutted the registered keeper angle ?

They can't just say "Beavis says we're entitled to anything we say we are and to hell with everything else" because they'll lose if that's their attitude.

M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

Hi M1.

That's all they have come up with sofar, whether anything else will come up I'm unsure, but unlikely.

I shall keep you updated.

[mystery1]

Re: ASDA Smart Parking LTD. Fine

If they say it's in the post and nothing comes, make sure you tell popla before the 7 day deadline. They should be losing unless they counter all the above with suitable evidence. Beavis helps them but not for those points.

M1

[DonMaggi]

Re: ASDA Smart Parking LTD. Fine

Hi M1,
Just a quick update, today we received a document through the post from Smart Parking with photographs and the case so far (first letter appeal sent to them etc) plus the bit i put up the other day but a bit more in depth. i will attach the photos below.