Smart Parking - incomplete vehicle registration entered

[JAHHORSHAM]

Hi, I wonder if anyone can give me some advice - recently parked at a Smart Parking Car Park in Ashdown Road Kingston upon Thames, and paid for full time used (and then some!) but entered only numerics from my vehicle registration (I did not appreciate it was a ANPR car park - my fault). Subsequently received penalty notice which I contested, and it has now gone to POPLA. In anyone's experience, can I rely on POPLA to exercise some common sense that the monies were paid, copy of tickets supplied and therefore was only a mistake on my part and I didn't park illegally or commit any wrongdoing. Any help is appreciated - thank you. JAHHORSHAM

[mystery1]

Re: Smart Parking - incomplete vehicle registration entered

In short, no.

Have you already appealed ?

M1

[JAHHORSHAM]

Re: Smart Parking - incomplete vehicle registration entered

Yes, the appeal is in with POPLA

[mystery1]

Re: Smart Parking - incomplete vehicle registration entered

Pity, sounds like you'll lose. You aren't obliged to pay though.

M1

[JAHHORSHAM]

Re: Smart Parking - incomplete vehicle registration entered

Thanks for the response, M1, I'll wait until POPLA come back to me with their decision. In your opinion, though, why would I not be obliged to pay the fine? Cheers, JAHHORSHAM

[paulajayne]

Re: Smart Parking - incomplete vehicle registration entered

Not a fine - Popla result binding on operator but not you.

But be aware that the PPC will be very persistent if the win at POPLA,

[JAHHORSHAM]

Re: Smart Parking - incomplete vehicle registration entered

So if POPLA agree with Smart Parking, is there any other arbitrator that I can approach? Thanks for your help. JAH

[paulajayne]

Re: Smart Parking - incomplete vehicle registration entered

From POPLA website:-

What if I am not happy with the assessor’s decision?

POPLA is a one stage process and there are only two possible outcomes for an appeal brought to our service: either the appeal is allowed or it is refused. We understand that it is disappointing and even frustrating when an appeal results in an outcome that you were not hoping for, however, our role as an impartial appeals service means that quite simply, we must base our decisions upon the factual evidence presented to us. If it is clear that a procedural error has been made during the assessment of your appeal, we might review the case and make changes where we deem necessary.

[mystery1]

Re: Smart Parking - incomplete vehicle registration entered

Only a court can make you pay. Smart as yet, do not do court. http://www.bmpa.eu/companydata/Smart_Parking.html

M1

[BB1983]

Re: Smart Parking - incomplete vehicle registration entered

Hi JAH, just interested to know if your POPLA appeal was successful? I've got exactly the same problem as you had and I'm wondering whether to take it to a POPLA appeal or not. Thanks BB

[mystery1]

Re: Smart Parking - incomplete vehicle registration entered

Hi JAH, just interested to know if your POPLA appeal was successful? I've got exactly the same problem as you had and I'm wondering whether to take it to a POPLA appeal or not. Thanks BB

I don't know any more than you on how this hread turned out but start your own thread and post up a sanitised copy of the PCN.

Smart are pretty poor at popla appeals.

M1

[JAHHORSHAM]

Re: Smart Parking - incomplete vehicle registration entered

Hi BB, POPLA appeal was unsuccessful - I ended up paying the fine. In honesty, I probably wouldn't have gone that far, but the Smart Parking letter saying they rejected my appeal arrived while I was on holiday, so by the time I opened the letter, I'd missed the deadline to pay the fine at the lower level and it was a case of 'nothing ventured, nothing gained'. I went to POPLA in the hope they might apply some common sense, but no luck, I'm afraid. People say that you can refuse to pay, etc, but I just wasn't confident enough to take them on. Subsequently there was an article in one of the national papers, The Daily Mail, I think, that seemed to indicate that taking the parking company on would work, but by that time I'd already paid, so I didn't particularly look into it. Good luck, I hope you do better than me, but honestly, if I was in the situation again, I'd just pay the fine at the lower level, rather than let it increase. Best wishes, Julia

[ostell]

Re: Smart Parking - incomplete vehicle registration entered

Correct in that you can just ignore POPLA. But Smart would probably backed away form court.

[BB1983]

Re: Smart Parking - incomplete vehicle registration entered

Sorry to hear that Julia, thanks for letting me know though. As much as it pains me I think I'll just make the payment at the lower rate having heard that, I'm pretty stubborn with things like this but I can see many wasted hours ahead with potentially a less than satisfactory outcome. It goes against all my principles to pay but I can see me being regretful in a few weeks that I didn't chose the simple and cheap solution at this point. Thanks again for your help,
Regards,
Ben

[ostell]

Re: Smart Parking - incomplete vehicle registration entered

Smart parking have not taken anyone to court for the last 3 years so I would make a good appeal to POPLA and then ignore. They do seem to drop the case if a reasonable, or possibly any, defence is submitted.

Here's some information