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  • FIRST POST
    • r_annie_c
    • By r_annie_c 16th Jan 17, 6:17 PM
    • 9Posts
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    r_annie_c
    Picking up children and got a postal fine
    • #1
    • 16th Jan 17, 6:17 PM
    Picking up children and got a postal fine 16th Jan 17 at 6:17 PM
    Please can someone advice me. On the 11/12/16 I pulled into a smart parking carpark to collect my children from the grandparents, I never left my car or even switched off the engine. After putting Christmas presents in the car and saying our goodbyes we left. From entering to leaving we were there 16mins. I didn't purchase a ticket as didn't think I was going to be that long. Ive appealed to smart parking who upheld the fine and gave me a popla code. They having given me until the 27/1/17 to pay the fine of £60. As I didn't go anywhere I have no proof of anything so not sure What to do..
    Please help me
Page 2
    • Coupon-mad
    • By Coupon-mad 16th Jan 17, 8:26 PM
    • 51,650 Posts
    • 65,309 Thanks
    Coupon-mad
    Agreed but that does NOT feature in a POPLA appeal; justifying it carries no weight.

    So read the NEWBIES thread post #3 and go and get the POPLA template points. We assume you said who was driving (I hope not, though)?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • beamerguy
    • By beamerguy 16th Jan 17, 8:30 PM
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    beamerguy
    the time for getting in and out is the grace period , as you did not take the offer to pay for parking the second grace period does not apply . therefore the only grace period is the entry one of 10 mins
    Originally posted by pappa golf
    pappa stop talking as IF you are PPC

    On this forum, positive advice is required, not negative.

    Given your knowledge about Smart, I am very surprised
    RBS - MNBA - CAPITAL ONE - LLOYDS

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    • TW1234
    • By TW1234 16th Jan 17, 8:31 PM
    • 117 Posts
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    TW1234
    Was this a postal ticket, resulting from entry & leaving cameras?
    If you entered the car park and took 10 mins to find a spot where you could try to read a sign, then decided to leave, taking 10 mins to get out, all due to extreme congestion, you have a defence.
    Get on with making the first basic appeal (exactly as given in the newby thread) and use the time generated to research the necessary line of action and decide if the effort is suitable for you.
    • pappa golf
    • By pappa golf 16th Jan 17, 8:32 PM
    • 7,701 Posts
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    pappa golf
    Hi, it was in Stevenage matatan carpark and yes I have today received a code, I really don't mind paying a reasonable fine I just don't understand how they can justify the fine they ask for.
    Originally posted by r_annie_c

    NO parking Co can "fine" you , what you have is an invoice , a bill , a letter asking for money

    If smart want to take this to the end and get you in the county court (civil , not magistrates=fines) then they will have to be good

    how good arev they?

    2015 , tickets issued 258,045 court claims NONE
    2016 tickets issued 254508 , can you guess? ok its NONE
    • pappa golf
    • By pappa golf 16th Jan 17, 8:34 PM
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    pappa golf
    NO parking Co can "fine" you , what you have is an invoice , a bill , a letter asking for money

    If smart want to take this to the end and get you in the county court (civil , not magistrates=fines) then they will have to be good

    how good arev they?

    2015 , tickets issued 258,045 court claims NONE
    2016 tickets issued 254508 , can you guess? ok its NONE
    Originally posted by pappa golf
    I wonder , being registed in scootland if they have rights/authority to issue clams in england?
    • pappa golf
    • By pappa golf 16th Jan 17, 8:44 PM
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    pappa golf
    Was this a postal ticket, resulting from entry & leaving cameras?
    If you entered the car park and took 10 mins to find a spot where you could try to read a sign, then decided to leave, taking 10 mins to get out, all due to extreme congestion, you have a defence.
    Get on with making the first basic appeal (exactly as given in the newby thread) and use the time generated to research the necessary line of action and decide if the effort is suitable for you.
    Originally posted by TW1234
    umm , the grace period is 10 mins on arrival and "sufficient time to leave site AFTER PAID PARKING , the OP did not do paid parking therefore the leaving grace period is non applicable ,
    • r_annie_c
    • By r_annie_c 16th Jan 17, 8:45 PM
    • 9 Posts
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    r_annie_c
    Thank all for your advice, I will put an appeal together from all of your info and help and lodge an appeal with popla and see how it goes.
    Thank u
    • beamerguy
    • By beamerguy 16th Jan 17, 8:46 PM
    • 6,447 Posts
    • 8,247 Thanks
    beamerguy
    I wonder , being registed in scootland if they have rights/authority to issue clams in england?
    Originally posted by pappa golf
    It's the UK so yes
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    • pappa golf
    • By pappa golf 16th Jan 17, 8:50 PM
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    pappa golf
    are you sure ? , because scootland law is very different to english law and there are problems with a company starting or making a county court case if they are not resident or a company in englands juristriction
    • beamerguy
    • By beamerguy 16th Jan 17, 8:56 PM
    • 6,447 Posts
    • 8,247 Thanks
    beamerguy
    are you sure ? , because scootland law is very different to english law and there are problems with a company starting or making a county court case if they are not resident or a company in englands juristriction
    Originally posted by pappa golf
    so that would prove to be very interesting in every case that Smart bring in England
    RBS - MNBA - CAPITAL ONE - LLOYDS

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    • r_annie_c
    • By r_annie_c 16th Jan 17, 9:02 PM
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    r_annie_c
    Would that be the reason then why they haven't yet brought a case to court??
    • pappa golf
    • By pappa golf 16th Jan 17, 9:08 PM
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    pappa golf
    so that would prove to be very interesting in every case that Smart bring in England
    Originally posted by beamerguy
    2015 , tickets issued 258,045 court claims NONE
    2016 tickets issued 254508 , can you guess? ok its NONE


    which cases in england?
    • beamerguy
    • By beamerguy 16th Jan 17, 9:10 PM
    • 6,447 Posts
    • 8,247 Thanks
    beamerguy
    Would that be the reason then why they haven't yet brought a case to court??
    Originally posted by r_annie_c
    doubt it but pappa raises a good point so bear with it, an answer will be forthcoming
    RBS - MNBA - CAPITAL ONE - LLOYDS

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    • beamerguy
    • By beamerguy 16th Jan 17, 9:13 PM
    • 6,447 Posts
    • 8,247 Thanks
    beamerguy
    2015 , tickets issued 258,045 court claims NONE
    2016 tickets issued 254508 , can you guess? ok its NONE


    which cases in england?
    Originally posted by pappa golf
    I know, so do your detective work pappa as to what a company registered in Scotland can do in England and Wales
    RBS - MNBA - CAPITAL ONE - LLOYDS

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    • pappa golf
    • By pappa golf 16th Jan 17, 9:16 PM
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    pappa golf
    dout or not , check the MCOL website and see of your "auntie" in sunny scootland can start a County court claim for a person in england /wales , yes it can be done but the paperwork and costs are more excessive than the figure written on the origional ticket , and costs incurred before the MCOL are not allowed to be passed on
    • beamerguy
    • By beamerguy 16th Jan 17, 9:45 PM
    • 6,447 Posts
    • 8,247 Thanks
    beamerguy
    dout or not , check the MCOL website and see of your "auntie" in sunny scootland can start a County court claim for a person in england /wales , yes it can be done but the paperwork and costs are more excessive than the figure written on the origional ticket , and costs incurred before the MCOL are not allowed to be passed on
    Originally posted by pappa golf
    Where a company is registered means little, they work out of a English address

    registration address is 5, South Inch Business Centre, Perth, Perthshire, Scotland, PH2 8BW

    The ultimate parent company in the UK is Smart Parking (UK) Limited, also registered in the UK registered number SC413479.
    Smart Parking Ltd
    Unit 43, Elmdon Trading Estate
    Bickenhill Lane
    Birmingham
    B37 7HE

    so they can
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    • pappa golf
    • By pappa golf 16th Jan 17, 9:55 PM
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    pappa golf
    yes and they are as a company registered in scootland and australia and new zeland etc etc , but as a COMPANY their address with companies house is in scootland no England

    Registered office address
    5 South Inch Business Centre, Shore Road, Perth, Perth And Kinross, PH2 8BW


    as a company that is with the BPA they would have to issue a county court clain in their own name and correct postal address (as per company house) , and thats in scootland not a forwarding address in england .

    there is as such no county court in scootland , and a person/company attempting a claim in england would have to be registered (with comp;anies house ) as an english company
    • r_annie_c
    • By r_annie_c 16th Mar 17, 1:54 PM
    • 9 Posts
    • 0 Thanks
    r_annie_c
    Letter from scs law on behalf of smart parking ltd
    Hi, due to my nan passing away I didn't use my popla code and have received 2 red letters and now a threat letter from scs law, but they have stated that my contravention is displaying an expired ticket and being asked to pay £155. My actual pcn was for being in the carpark for 16mins and not purchasing a ticket. So it seems like I've got two different charges?? I'm not sure what to do about this. Can anyone advise me please.
    • The Deep
    • By The Deep 16th Mar 17, 3:37 PM
    • 7,411 Posts
    • 6,456 Thanks
    The Deep
    You must not side with scammers.


    or bilkers
    You never know how far you can go until you go too far.
    • pappa golf
    • By pappa golf 16th Mar 17, 3:38 PM
    • 7,701 Posts
    • 7,973 Thanks
    pappa golf
    is a bi(l)ker a BIKER with "l" plates?
    Last edited by pappa golf; 16-03-2017 at 3:46 PM.
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