Smart Parkig,rejection of appeal

[57EVE T]

Hello,
I hope to pick some of your brains out there to advise me of my next course of action. The wording of my appeal to Smart Parking probably tells them too much, however what is done is done.
Basically my wife and I attend a local business park on the Wirral peninsular. We have never noticed any signage about parking before receipt of this parking ticket and I will now investigate /photograph and locate them.
The fine came to me as the registered keeperof the car, in actual fact it is my wife’s personal car and she was the driver at the time of the "alleged offence" She met friends for coffee, shopped and apparently overstayed the 3 hours permitted by 34 mins. The photograph received allegedly taken on exit shows her number plate on a black square, the car, nor the driver, can be recognised from the copy received..
I submitted a fairly lengthy appeal letter asking about land owners authority, signage etc. have received a reply that they reject my appeal but they do not answer all of my questions and haver refused to state who is the landowner.
Before I consider appealing to POPLA please advise me if I have any grounds. Obviously I can scan and send copies of the PCN and the rejection letter but should I obliterate any personal details as I have done with the appeal parking fine non personal.docx

Regards 57EVE T

[57EVE T]

Hello again , I have now doctored the PCN and the rejection of my appeal letter from Smart Parking so it has no personal details* can post it to you for comment.
Smart park rejection sent a larger photograph of a black square with a registration plate on it but no legible details of the type of car or the driver. they also sent photocopies of the details of the signage ( not photographs) nor locations, similarly for the contract document wording.
Any thoughts of an appeal to POPLA
Regards
57EVE T Smart parking fine non personal 2.jpg

[57EVE T]

hello just converted PDF to word so I could depersonalize and post the scans of the* rejection* letters in reply to my appeal to Smart Parking. So you can see what they* consider a reply to my requests.
Your thoughts would be appreciated
regards
57EVE T

[MaryKGeis]

Heloo friends*

[ostell]

Who is marykgeis? Hope it's not you with a different userid.

So if you had read a few other threads about parking before you posted you would have found that it is recommended that you do not identify the driver in any way.* Edit your first post NOW so that the identity of the driver cannot be inferred.**

This is not a fine, it's an invoice for an alleged breach of contract by the driver.

It looks as though you have hinted at the driver but not given full identification and SMART do not know the details.* The have even stated that you ween't driving.* That appeal you sent is one that should have been taken down some time ago.

So you start preparing your POPLA appeal as they are claiming form the registered keeper who was not the driver, you must make this clear.* So far so good.* Make a list of all the POFA fails (there are many) to submit to POPLA, together with complaints about the signage.* I can't read the PCN, there's insufficient definition but it looks as though there are many POFA fails and the , keeper cannot be held liable.* Here is the POFA legislation* take particular notice of paragraph 9, especially 9* (2).* These statements must all be there to hold the keeper liable,* What is missing or incorrect?

Better to post images on an external site such as imgur and link to that image from here.* You have more space and can create better definition.* Suggest you upload the PCN again, with better definition, if you want help with it.

Please don't link to DOCX files, they can contain nasties, indeed Word complains about them.* As you appear to have office then save them inPDF format.

*

[Guest]

We had a similar problem with this load of +++++++++++ at Basildon my wife she went in the park one day paid parking, then a demand arrived for a fine payment and as luck would have it put the ticket in the door pocket, we appealed to POPLA* but did not have the parking receipt when we appealed, found the ticket after appeal dissmised, produced the parking ticket to prove parking paid, they then altered the date to exactly one month later producing a picture of the car entering the park and leaving at "exactly" to the miniute the same time and altered the date, there were hundreds caught out with the scam MP turned up for a picture in the local papers, he was about as useful as a choc on a fire place, and I believe you must now name the driver by law.*

[ostell]

Which law is this that requires the driver to be identified?* POFA certainly doesn't

[Guest]

Which law is this that requires the driver to be identified? POFA certainly doesn't

Apology if I am wrong, but somewhere I'm sure I read it. *

[ostell]

Only for a criminal offence, and these are plain and simple civil matters.

[57EVE T]

I have attached a better copy of the PCN. The small print on this is very small ( Ariel 4 )so I scanned it in higher definition so it can be enlarged.Converted it to word,Obliterated the personal data and converted it back to PDF*
The obvious faults on this are the outgoing photograph shows only a registration plate, the car this registration plate is affixed to is not legible nor the surroundings , just a number plate ,at midnight ,in a coal mine!*
The rejection of my appeal by Smart parking I received included a BIGGER photograph of "the car in the coal mine"with no improved detail. They also included an A4 copies of the signs (2) wording and the wording of the "Parking Contract", Not actual photographs.
I would be obliged for your assistance Archie 2 in detailing the "faults"on their PCN* I should refer to when completing the POPLA appeal and any other mitigating circumstances I should ask* whoever was driving
Regards
57EVE T

[ostell]

Will you please edit so that the identity of the driver cannot be inferred.* Or how to drag failure out of the jaws of success!* This is a public forum

So look at that PCN and compare it with the requirements of POFA (http://www.legislation.gov.uk/ukpga/...dule/4/enacted) to see what is missing or incorrect and list them in the POPLA appeal.**

9 (2)
a)* no period of parking*
b)* no statement that driver is liable
e)* no invitation to keeper
f)* no warning of keeper liability*

So there can be no keeper luability, only the driver


*

[57EVE T]

I have now deleted the PCN
Thank you for your advice, What do you think my chances are?
Before filling in the POPLA appeal. The two photographs on the PCN are date/time* stamped does this not imply the period of parking? or are they directed in the POFA to actually state the period the car was parked specificly.


*

[ostell]

If you point out all the POFA failures then a very good chance with POPLA*

POFArequires a period of parking to be stated.* If you are moving in front of a camera how can you be parked?

Have you read POFA, especially paragraph 9?* I gave a link in pist # 11

I have already said not to identify the driver yet you have failed to edit fully your first post?


*

[57EVE T]

*Hello I have now amended the first post. I have almost completed the POPLA appeal. I have my specific appeal notes in word. May I, after checking for personal stuff convert it* popla1.pdf pola2.pdf to PDF and ask you to review it prior to submitting it?

[ostell]

I wouldn't get into the argument about the font size.* Ask POPLA to get Smart to produce their contract to operate