Smart Parking Charge of £100 for entering incorrect VRM

[Brightlady]

Dear Legal Beagles

Can anyone advise
I received the above for entering the incorrect VRM. I had changed my car the day before parking and entered the registration of my old vehicle. I did display a valid ticket on my dashboard. I have written to Smart Parking explaining that this was a genuine error on my part but they have refused my appeal on the grounds that 'as detailed on the car park signage it is the responsibility of the motorist to enter the full and correct VRM when using the payment machine, and ensure that payment is made for the full required duration.' And 'the terms and conditions of the car park are clearly advertised around the site and must be adhered to by all drivers. You have now reached the end of our internal appeals procedure and therfore yu now have two options, you can pay or appeal - you can not do both
I did pay for the parking but just used the wrong VRM.
Having had my appeal letter rejected by Smart parking does anyone think it is worth me now appealing via POPLA or should I simply pay the reduced sum of £60 while that is still on offer to me?
Any suggestions gratefully received

[Beagle2000]

I've been through this process myself and ended up in taking the third part to court, in which I subsequently won on the grounds that, although I made a concession that I made an error in not having the correct VRM. I was able to prove that the third party had not suffered a financial loss as the premium was still paid, albeit for a different vehicle but none the less, they still received the premium. I would perhaps try this argument with them as its an honest mistake and merely an administrative error.

[Brightlady]

Thank you I may try that ,. It is the dilemma of losing the option of paying just £60 and incurring £100 if I lose?

[Beagle2000]

I think it also comes down to how much you want to fight or just have done with it. If it’s the latter then pay the £60. If you want to fight it then do with the risk of paying the extra but at least knowing you gave it a shot.

[ostell]

That's why they offer the discounted amount so people are panicked into paying before it goes up and before they have had a chance to think if anything at all is due

[Brightlady]

Yes thanks Ostell you are right
I will fight it as I had paid so they have not lost any revenue. Should I do a POPLA appeal or just wait for the notification of court letter? It seems from reading forums that POPLA are unlikely to go against smart parking?

[ostell]

Smart frequently get the requirements of POFA wrong and so they can't claim from the keeper but you appear to have identified the driver. Have you ? Simple Yes or No

[Brightlady]

Yes in my appeal letter I say 'I had paid to park my car'. Schoolboy error?