SMART Parking Notice

[Casper2502]

I have been parking in a free waste ground area every once every few weeks for a couple of years. They have just introduced meters there and I parked and paid for one hour recently on a bank holiday Monday. According to the notice I was in the car park for one hour and 17 minutes. I sent them my ticket and an appeal letter - which was upheld and I was told that I needed to pay the fine or appeal to POPLA. Can someone please tell me how best to win this appeal to POPLA OR should I just ignore it as I feel pretty annoyed about getting a ticket via a camera tracking my car in and out of the car park.

[charitynjw]

Hi & welcome to LB
Did you appeal as the driver, or only as registered keeper?

[Casper2502]

I appealed as the driver - is that a problem?

[Casper2502]

Hi & welcome to LB
Did you appeal as the driver, or only as registered keeper?

I appealed as the driver - is that a problem?

[charitynjw]

I appealed as the driver - is that a problem?

Not necessarily, though it does mean that they can try to enforce via common law rather than the Protection of Freedoms Act.
PoFA can make it a tad more difficult for them, as they have to adhere very strictly to the legislation.

[charitynjw]

What period of parking did you pay for?
Do you have proof of payment?
Could you post up a pic of the postal notice to keeper? (Front & rear, redact personal info but leave all times & dates visible.)
+ pics of site signage.

[Casper2502]

What period of parking did you pay for?
Do you have proof of payment?
Could you post up a pic of the postal notice to keeper? (Front & rear, redact personal info but leave all times & dates visible.)
+ pics of site signage.

It was a bank holiday Monday so the car park was empty. I arrived and bought a ticket (which I still have) for 1 hour. I got back to my car on time and then made a couple of calls when in my car to my son (who has learning difficulties) as there were no wardens in the car park and then I left. I didn't't realise that they had photographed my car entering and leaving. They said I was there for a total of 1 hour 16 mins - but only paid for 1 hour - so I had to pay a fine of £60. I sent them a letter with a copy of my parking voucher - but they insisted that as I was 16 minutes over then I must pay the fine or take my case to POPLA to appeal.

If anyone can advise on next steps then I'd really appreciate it. I'm not paying the fine - is it worth appealing to POPLA or should I just ignore the demand? Any advice on the POPLA appeal - what I should say?

[charitynjw]

Smart are members of BPA.
Take a look at the BPA Code of Practice re grace periods, both at the beginning of the period & also on exit.
https://www.britishparking.co.uk/wri...CE_CURRENT.pdf

[Casper2502]

Smart are members of BPA.
Take a look at the BPA Code of Practice re grace periods, both at the beginning of the period & also on exit.
https://www.britishparking.co.uk/wri...CE_CURRENT.pdf

Thanks for your help. I went to have look at the car park this morning and the signage is very poor - so I will use that as my main reason

[Casper2502]

There is one parking sign on entrance and it does not mention cameras. There are sign around the perimeter of the car park but none in the centre where I parked and the perimeter signs are not visible rom there. There is only one sign that mentions cameras and it is in small writing near the machine. The machine itself has instructions but no mention of the cameras. If fact I couldn't see any cameras at all - so not sure where these are hidden.

Thanks for your help CharityNJW. Much appreciated.

[charitynjw]

Thanks for your help. I went to have look at the car park this morning and the signage is very poor - so I will use that as my main reason

Best to include everything inc the kitchen sink!