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POPLA appeal for smart parking

Hi there,
I have gone through the popla templates and cant seem to find something suitable for 'smart parking'. They are new type of censor that goes on the floor and can tell when a car is parked over the space. They rejected my appeal (that i got from a template off of here) and gave me my POPLA code.
Im just kinda stuck as to what sort of template would be best to send to them?
Any help would be great, thanks
«1

Comments

  • Coupon-mad
    Coupon-mad Posts: 161,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 September 2014 at 8:00PM
    The examples don't have to match the PPC nor the circumstances, not really. Just choose either one that is marked as suitable for a windscreen ticket if Smart issued a windscreen ticket, or one suitable for a postal PCN (usually an ANPR example but you'd have to amend or remove the actual ANPR section).

    Did you appeal as KEEPER not driver? If so then you can include the fact the NTK is not compliant with the POFA 2012 Schedule 4 'second condition' for keeper liability as Smart don't use the words in the schedule, on their PCN or NTK. A keeper cannot be held liable for a Smart Parking ticket so I hope you haven't lost that point by implying who was driving in the first appeal? Did you use my template from the Newbies thread, if so then you can include the point about no keeper liability. It crops up in various examples including the Civil Enforcement example, and in any other Smart POPLA appeal you can find recently (search for keywords 'Smart POPLA' of course and look for someone's recent draft!).

    Was it a postal PCN? Can you show us both sides as I'd like to see a picture of that sort of 'sensor' PCN. Was there a NTK in the post - did you wait for it? Please show us both sides of those documents, just change the http to hxxp as newbies can't post links.
    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
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Sensors in the floor have no bearing on your appeal just follow Coupon's advice.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    so bear in mind they are NOT templates, they are examples of approved appeals but may need adapting
  • CJYP
    CJYP Posts: 42 Forumite
    Thank you for ur replies. Yes it was a windscreen ticket then a NTK. Im having a look at this thread right now,
    as it states some of the templates and what kind of carpark, but im really unsure as what one to use?
  • CJYP
    CJYP Posts: 42 Forumite
    Wont let me post the link, its on the stickys, stating which appeal letter is for what company/windscreen ticket etc...
  • Coupon-mad
    Coupon-mad Posts: 161,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    CJYP wrote: »
    Wont let me post the link
    We know - why do you think I put the bit in bold in my reply?
    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
  • CJYP
    CJYP Posts: 42 Forumite
    I did change the http to hxxp but still would not allow me to post
  • CJYP
    CJYP Posts: 42 Forumite
    Are you able to post a few links for me that you feel would be best templates for a windscreen pcn, I hadnt paid for the carpark and cant seem to find one based on this? TIA
  • Umkomaas
    Umkomaas Posts: 44,389 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 September 2014 at 10:14PM
    You know your circumstances better than anyone here, so we aren't going to be able to say use example (d) over (b). Whilst the examples won't be a perfect fit, there will be at least one that's close (but not in the context of 'what happened').

    In many respects you need to be a bit more relaxed about this, take a bit of time to read and understand what the examples say, but from past performance, once you launch a sensible forum POPLA appeal, Smart won't contest it, giving you a default win. The more you know and understand this stuff, the better you will cope and deal successfully with it.

    The only caveat about 'relaxing' and taking time to 'read and understand' is that you must not miss the POPLA deadline otherwise you could end up with (impotent) debt collector letters, not a game-changer, just a damned irritation for many months.

    Post your draft appeal up here before submitting to POPLA and we'll advise on any amendments/additions you need to make.

    HTH
    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: 161,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 September 2014 at 10:56PM
    Search 'Smart POPLA appeal' and find one similar or just adapt one from the Newbies thread post #3 - that's where the links are and it's why we don't then repeat those links on every thread. We give people the tools & info they need to create their own POPLA appeal based on our versions. If I was to search for links for you, I would be doing what I have just advised you to do - a search of suitable keywords and then I would have to read the results till I found one. Sorry but that's for you to do if you don't think the ones collected in the Newbies thread are enough (they are though!)!

    As for posting the link with hxxp at the front - you do have to host the pics on tinypic or photobucket or dropbox first so they are shown in an anonymous URL, not in your PC scans/pictures. Once you have put the scans or photos on tinypic you should be able to just post the URL here with hxxp instead of http.
    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
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