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Smart Parking Ltd Asda - Can I appeal?

Hi,


First post, so please be gentle. I have searched the forum, but I haven't found any posts which relates specifically to my situation.


I rather stupidly parked in a square behind my local Asda store, so that I could quickly draw some cash out of a cashpoint (I was in a rush to make the car garage before it closed). Another car pulled up and parked in the same square but on the other side of the road.


The square does have double yellow lines around it, but I have often seen many cars (especially on weekends) parked here.


When I got to my car I saw a PCN on my windscreen, but not on the other car. I ran and caught up with the parking "operative" and asked why he had ticketed my car and not the other, he said that he couldn't ticket cars on that side of the road.


Checking the sign on the lamp post on the other side of the square, it does not state where you can or can't park or when the lines are enforced either.


First question, can I appeal this?


Second question, Can they ticket one car and not another?


Also, I took pictures to show where the cars were parked.


I need to make an appeal by 25/04 or the fine will increase, so any help would be gratefully appreciated.


Thanks

Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 April 2014 at 9:53PM
    Your situation is absolutely no different from anyone with a private parking ticket, so disabuse yourself of any idea that your individual circumstances or any notion of fair play mean anything to these predators.

    Then, read the Newbies thread:

    https://forums.moneysavingexpert.com/discussion/4816822

    And post back here when you have the bones of your challenge/POPLA appeal together. :)

    And most importantly of all - this is not a fine! PPCs simply do not have the authority to fine anyone. :)
  • Thank you for your very quick reply.


    Just to clarify, do you know if Smart Parking Ltd fall under the "small PPC" category?


    Also, wont waiting for the notice cause the cost to rise?


    Is it worth posting an appeal before the initial date expires?
  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 April 2014 at 10:31PM
    chris01010 wrote: »
    Thank you for your very quick reply.


    Just to clarify, do you know if Smart Parking Ltd fall under the "small PPC" category?


    Also, wont waiting for the notice cause the cost to rise?


    Is it worth posting an appeal before the initial date expires?

    NO! The standard advice is to WAIT for the NtK. Smart are not a 'small' PPC, but by the same token are generally viewed to be pretty benign, as long as you follow forum advice - as per the NEWBIES sticky.

    Trying to find exact replica situations to your own are futile - deal with the situation the same as everyone else religiously following forum advice. Your (or anyone else's) 'story' is largely irrelevant. This is not meant to sound harsh, but the easiest and most effective way to deal with this is to forget the 'story', because all the way through this, from here on in, - appeal to the PPC, appeal to POPLA, defence against a court claim - mitigation will have no relevance.

    Don't concern yourself about 'costs rising', as you wouldn't be here if you really wanted to pay the (PPC's kind offer of a) reduced charge. You won't be paying anything if you follow forum advice - perfectly detailed in the NEWBIES sticky!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 154,736 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    chris01010 wrote: »
    Thank you for your very quick reply.

    Just to clarify, do you know if Smart Parking Ltd fall under the "small PPC" category?

    Also, wont waiting for the notice cause the cost to rise?

    Is it worth posting an appeal before the initial date expires?

    Nope but they qualify under the 'daft' category as they don't use compliant POFA 2012 Notice to Owner letters so have no chance of keeper liability! Read other Smart threads and you will see a pattern - they cancel AS SOON AS they see our template appeal wording.

    No worries with this bunch. You won't even have to dust off a POPLA appeal!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • atilla
    atilla Posts: 862 Forumite
    Part of the Furniture Combo Breaker
    chris01010 wrote: »
    Thank you for your very quick reply.


    Just to clarify, do you know if Smart Parking Ltd fall under the "small PPC" category?


    Also, wont waiting for the notice cause the cost to rise?


    Is it worth posting an appeal before the initial date expires?
    Don't be so hasty, no need to rush. String out to cause maximum cost to not so smart.
    I get 2-3 tickets a week off this shower. They never learn.
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