my wife and smart parking

gitch01

hello all
my wife parked in matalan and had her mum with her. her mum is registered blue badge. she parked in matalan using the blue badge . when she came back she had a ticket as apparently there are no blue badge concession in the car park. she sent an appeal off. she got a letter back from smart parking rejecting her appeal.
they have given her a verification code if she wants to appeal to Popla.
the first i knew about it was when she asked me to pay it on line for her!
so now i'm not too sure how we stand with paying this or appealing again.
any advice would be appreciated.

if i had known about it earlier i would have gone to matalan and caused a fuss but reading other threads i think thats too late

Guys_Dad

more information needed.

What exactly was she accused of? Dates of contravention and notice to keeper? Was it a pay and display Park?

gitch01

parking in a disabled bay and not paying. she thought as she had a blue badge then charges didn't apply. apparently disabled badge holder concessions do not apply. yes it is a pay and display car park. i dont have her original paperwork. she cant remember if she sent it off with the appeal or she has just lost it. not very helpful i know but thats the situation i am now in.

Stroma

you have the code for popla, providing its still valid appeal to them. Have a read around the forum, start at the popla decision thread, and begin from the latest post, you will see what you need to win, just come back here with a draft copy so we can make sure its a winner

gitch01

i have until 7th november to pay the fine.
my wife never purchased a ticket because of the blue badge.
so is she wrong and am i stuffed and have to pay it as the landowner lost revenue??

trisontana

It's not a "fine" and all you owe them is the couple of quid for the unpaid parking ticket. All the rest they are claiming is an unfair penalty. So don't pay them a penny. In fact , with the help from this forum you can win a POPLA appeal and cost the parking company £27.

Stroma

gitch01 wrote: »

i have until 7th november to pay the fine.

Its NOT a fine! But a poxy invoice!

gitch01 wrote: »

my wife never purchased a ticket because of the blue badge.

They are not even supposed to be ticketing cars with a valid blue badge! Not taht is applies on private land, check your handbook! This is an Equality Act breach[/QUOTE]

gitch01 wrote: »

so is she wrong and am i stuffed and have to pay it as the landowner lost revenue??

No company can lawfully fine or penalise you, all they can go for is the sum of money your wife could have paid a £1 maybe? So by giving you a ticket for circa £100 is not lawful. You will win on the company not being able to explain the enriching sum of money which is not lawful!

gitch01

A poxy invoice - that made me chuckle


in the middle of the car park sign it says "disabled badge holder concessions do not apply"
are you saying that this is not legal then?

the "invoice" is £45 if paid by 7/11/13 which is the date set from the appeal she did. then £90 thereafter.

i'm agreeing with you guys but my wife is giving me grief cos she thinks she is going to end up paying a lot more if i dont pay it. Baliffs etc...

i'm trying to get my head rounf the popla thread but its getting late

Stroma

Look bailiffs will never turn up as smart parking, their agents debt recovery plus never do court, here is proof of the pudding
https://forums.moneysavingexpert.com/discussion/4806028

Now don't worry about the figures going up, you won't be paying them anything, just look around as I said about popla, an hour spent now will save you £90, now isn't that an incentive for you?

Coupon-mad

gitch01 wrote: »

A poxy invoice - that made me chuckle


in the middle of the car park sign it says "disabled badge holder concessions do not apply"
are you saying that this is not legal then?

the "invoice" is £45 if paid by 7/11/13 which is the date set from the appeal she did. then £90 thereafter.

i'm agreeing with you guys but my wife is giving me grief cos she thinks she is going to end up paying a lot more if i dont pay it. Baliffs etc...

i'm trying to get my head rounf the popla thread but its getting late

LOL, your wife actually thought you had to pay it!! Nothing will happen but you will win at POPLA appeal, now you are here.

We win every time, 100% of cases advised on here since Easter. You have the golden ticket there in that POPLA code!

How to win at POPLA:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

Easier than it first seems...you will soon see a pattern in the links. Show us your draft please, we want to help you to win and save your money for something nicer! And by the way your appeal won't even mention the pay and display issue at all...it's not about what the driver did. It's about what the parking company did wrong!

Guys_Dad

gitch01 wrote: »

A poxy invoice - that made me chuckle


in the middle of the car park sign it says "disabled badge holder concessions do not apply"
are you saying that this is not legal then?

the "invoice" is £45 if paid by 7/11/13 which is the date set from the appeal she did. then £90 thereafter.

i'm agreeing with you guys but my wife is giving me grief cos she thinks she is going to end up paying a lot more if i dont pay it. Baliffs etc...

i'm trying to get my head rounf the popla thread but its getting late

I wrote this elsewhere "Suppose you had been caught doing 35 mph in a 30 mph limit. You get to the Magistrates court and they say "Guilty. Lock him up for 2 years".

You would get a brief to appeal the sentence, not the verdict.

So that's the case here. You are appealing the "sentence" of £100 that does not fit the "crime". "

So you demand that they show a valid contract with the landowner and you demand a breakdown of their previous estimate of loss. This must not include any operating costs such as wages signs uniforms etc. The losses are your initial parking fee plus no more than £5 administration which you should say you would offer.