Smart Parking Fine - TWICE. Newbie HELP

SilverTeddy11

WARNING: Long Post
So on the 17/07/15 I received a letter from Smart Parking stating that I have been charge £100 (£60 if I pay within 14 days). This was for a "breach of terms and conditions" on the 06/07/15 in Flower's Way Car Park, Luton. I had paid for 2 hours for £2, but entered the wrong registration number; also I was 11 minutes late moving my car out.

I lurked around on this forum gathering information, since I thought this was an unfair charge and appealed on the website 18th. This is my appeal, can anyone advice me on the chance of success of getting this cancelled? I also attached the parking ticket I bought that day as evidence.

18/07/2015
Dear Sir/Madam,
I, as the registered keeper of the vehicle registration number XXXXXXX am appealing against Parking Charge Notice XXXXXXXX from Smart Parking. The letter (dated 14/07/15, received 17/07/15) states that a fine was issued on 06/07/15 during the time the car registered XXXXXX was parked at Flower's Way car park, Luton for alleged breach of advertised terms and conditions.
The driver of the car purchased and displayed a ticket for 2 hours on the dashboard and returned within 2 hours. The registration number on the ticket was misprinted, as XXXXXXX instead of XXXXXX. The letter states that the ticket was issued at 13:06 and expired at 15:06. Although the driver returned to the car within this period; additional time was required to get the car ready and moving. The photographs in the letter show that the car was 'parked' there till 15:17. This is a mere 11 minutes after my parking ticket had expired, and during which time the driver was likely preparing the car to drive off.
I believe that the size of charge (£100) is disproportionate to the breach (of 11 minutes) and the excessive charge does not represent the actual loss (especially considering that the car park was nowhere near full capacity). Furthermore, no damage was caused during the stay, therefore the levied charge is punitive making it unlawful and unreasonable (breaching British Parking Association, BPA Code of Practice section 19.6 and therefore unenforceable).
The BPA has not approved its AOS Smart Parking to claim debt recovery according to BPA Code of Practice for Parking on Private Land 2012 - Version 5, October 2014.
I challenge this 'PCN' as keeper of the car, on these main grounds:
a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous (obstruction blocking view) and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge.
Please find attached said parking ticket that the driver had purchased during their stay at the car park. I hope that you consider my appeal and an appropriate conclusion is made; and do not hesitate to contact me for further information. If you choose to reject my appeal, I request that I am offered the POPLA code (the only independent ADR with a scrutiny panel and trained assessors).I have kept proof of submission of this appeal and look forward to your reply.
Yours Faithfully,
Name
ADDRESSS

I only realised I made the stupid mistake of saying "This is a mere 11 minutes after my parking ticket had expire". Will this mean they identify me as the driver? How likely is it that this gets rejected? I read the POPLA forum; it seems scary and I hope it doesn't have to be escalated. How long will they take to reply?

ANYWAY, 2 days after submission, on the 20th July 2015, I get another Letter from Smart Parking, for contravention on the 09/07/15 in the same Car Park. Which is another £100 (or £60) invoice. This time it was "30 minutes" that I stayed at the car park. I rushed in to drop some things in the flat, came back and drove off. Unfortunately I hadn't purchased a ticket, so I can understand this is my own fault. Is it still worth appealing? Apparently the charge is for "overstaying". If I had known that the car park was so intensely monitored, I would not have gone there a second time. I would have much preferred a ticket on my window rather than being left in the dark (meaning I repeated an offence). *sigh*

I am distraught right now, because I also got a 'driving in the bus lane PCN today from county dated 09/07/15 (which I paid immediately) - I am a new driver, and was having the worst driving day. I'm broke and I don't even know how I'm going to pay the parking fines if it comes to that. :( Student life isn't so glamorous.

The_Deep

I think that you need to raise your game. This may be of interest.

http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

SilverTeddy11

The_Deep wrote: »

I think that you need to raise your game. This may be of interest.

I'm really hoping I do not have to even go to the POPLA stage, let alone go to court. Will failing POPLA or going to court affect my credit record in any way?

tykesi

That appeal is 99.99% likely to be rejected so you might want to start doing some more reading up on POPLA appeals.

Your credit can't be affected unless it goes to court and you lose then don't pay.

atilla

Issthu wrote: »

I'm really hoping I do not have to even go to the POPLA stage, let alone go to court. Will failing POPLA or going to court affect my credit record in any way?

Upto the end of last year, i couldn't get a popla code off this shower, no matter how hard i tried.
Since the turn of the year though, they seem to prefer going down the popla route - even when presented with hard facts they will lose and end up answering to their biggest customer.

No need to panic about going to popla though. They've yet to defend an appeal with me. Always choosing to bale out at the last moment.

Their game??
intimidation. But play the game and you've nothing to fear.

SilverTeddy11

Should I appeal for the second NTK too?

atilla

Issthu wrote: »

Should I appeal for the second NTK too?

Of course you should. To avoid dropping yourself in it, follow the advice in the stickies., also adds a variation to your first appeal.

As i said previously, expect a popla code for each. No big deal. And remember, it costs them £27+vat just for issuing a code.
What's not to like with that?