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  • FIRST POST
    • Pix71
    • By Pix71 6th Jan 18, 6:30 PM
    • 1Posts
    • 0Thanks
    Pix71
    Aldershot Centre for Health Smart Parking Ltd PCN
    • #1
    • 6th Jan 18, 6:30 PM
    Aldershot Centre for Health Smart Parking Ltd PCN 6th Jan 18 at 6:30 PM
    Sorry for posting a new thread, I'm new here and have read "**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!**" but it's a bit of a case of information overload and I'm finding it very confusing. I cannot tell if it's worth appealing to POPLA because we've already challenged the PCN with Smart Parking and they have upheld the PCN.

    On 05/12/17 we received a PCN for £100, (£60 if paid within 14 days), in the post from Smart Parking. It was dated 01/12/17 and it alleges that we breached the advertised T's and C's within Aldershot Centre for Health on 23/11/2017. It states "By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in signage, the Parking Charge is now payable to Smart Parking Ltd (as the Creditor)."

    My wife parked the car when taking our son to an orthodontist appointment and she definitely paid to park. She remembers paying £1.20 for two hours parking, as does our son, unfortunately she paid cash and we don’t have the ticket longer, (who keeps parking tickets?!?). Therefore on 06/12/17 I challenged the PCN online via Smart Parking's website, stating that my wife clearly remembered paying £1.20 for two hours parking.

    We heard nothing for a month and then today a letter arrived dated 03/01/2018. It's very long but in a nutshell is says that they've considered the appeal in detail and decided to uphold the PCN as they believe it was correctly issued in accordance with the displayed T's and C's. It says;

    “We note the comments in your appeal on behalf of the driver, advising that when visiting the site in question on the day of contravention, you had purchased a ticket for your vehicles stay. Please be advised that having thoroughly checked our payment system we can confirm that there was no payment for the full and correct Vehicle Registration Mark (VRM) of ‘<OurCarReg>’ for the 74 minutes that the vehicle was on site, which subsequently resulted in no payment being assigned for the correct VRM. As a result, we can only determine that you entered the incorrect VRM into the payment machine.”
    (Please note I have deliberately not included our actual VRM above although it was on the letter.)

    I believe the problem probably was that we have recently purchased a new car and my wife could not remember the VRM. She could not see the car from the ticket machine so she asked our 8 year old son to walk to where he could see the vehicle and call out the VRM so she could enter it into the machine. Even Smart Parking’s letter admits an incorrectly entered VRM is the most reason for this problem.

    My issues are;

    • If Smart Parking have thoroughly checked their records then they must be able to see a similar VRM for a car that has not entered the car park.
    • Technology is such that their machines should not allow anyone to enter the VRM of a vehicle that has not entered the car park. For example other car parks that I’ve visited bring up an image of your car and ask if it is correct before you proceed.
    This being the case Smart Parking is clearly profiteering from a genuine mistake!

    The letter we received today offers to extend the ‘discounted’ period until 18/01/2017 meaning we still ‘only have to pay’ £60 if we pay up quickly. The trouble is I really don’t feel the PCN is justified, if we had deliberately contravened the T’s and C’s I would happily pay however my wife did everything she could to comply and made a simple, genuine mistake that anyone could make and probably lots of people do. I don’t want to bow down to Smart Parking’s bully boy tactics however I’d rather not pay £100 if we can pay just £60. The letter we received today says we can appeal to the Independent Appeals Service POPLA but is it worth it? Do we have grounds for or any chance of winning an appeal?

    Any help or advice would be very much appreciated!
Page 1
    • Redx
    • By Redx 6th Jan 18, 6:38 PM
    • 17,168 Posts
    • 21,455 Thanks
    Redx
    • #2
    • 6th Jan 18, 6:38 PM
    • #2
    • 6th Jan 18, 6:38 PM
    it is always worth appealing , especially as the sum was paid, but the chances are that an incorrect VRM was input into the payment machine and this triggered the original pcn

    as for "who keeps parking tickets ?" - read this blog by MSE on that very subject some 9 months ago

    https://www.moneysavingexpert.com/team-blog/2017/05/30/throwing-pay-display-ticket-away-use-cost-100/

    however , your best bet is to complain to the landowner and get a cancellation
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Umkomaas
    • By Umkomaas 6th Jan 18, 7:27 PM
    • 16,351 Posts
    • 25,445 Thanks
    Umkomaas
    • #3
    • 6th Jan 18, 7:27 PM
    • #3
    • 6th Jan 18, 7:27 PM
    In parallel with complaining to the landowner, don’t lose the opportunity to get this cancelled via an appeal to POPLA.

    If you’ve tried to read the entire NEWBIES sticky it’s small wonder you’ve hit an information ‘wall’. For your POPLA appeal, you only need to concentrate on post #3 (and #5 if there’s an acronym you don’t understand). In post #3 there are ready written template appeal sections which are sufficiently generic for you to simply copy and paste to form the basis of a long, detailed POPLA appeal.

    In addition to the sticky templates, do some forum searches (see below) using the search term ‘Smart POPLA’ and have a look at some recent examples, and use any additional sections from those (obviously have to be relevant to your parking event - don’t blindly copy and paste) to add to your appeal. Only look at those appeals that have been written in the past 6 months.

    HOW TO USE SEARCH

    Use the Forum Jump button (one near the top and one near bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.
    When Smart see a ‘kitchen-sink’ appeal (long and detailed) they tend to cancel before they have to deal with it at POPLA. So there’s every incentive to put the effort in at this crucial stage. If you don’t get it killed off now, that’s the end of the line and you could have Smart Parking nagging away and possibly instigating court action for 6 years. When I say ‘end of the line’, I mean in terms of appeals - it doesn’t mean you pay the charge (even if you were to lose at POPLA).

    Let us see your POPLA draft for critique and fine tuning.
    Last edited by Umkomaas; 06-01-2018 at 9:02 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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