Smart parking PCN help?

Jstar222

Should I ignore a letter from smart parking saying my appeal has been rejected? I appealed using their online form with a genuine medical reason why I overstayed 40 mins at Asda car park.
Any help appreciated, thanks

Redx

the rejection should have a popla code

if so , register the code at popla and start drafting an appeal based on legal arguments (not mitigation)

read the NEWBIES sticky thread too

also , why have you not complained to ASDA and demanded a cancellation ?

Jstar222

Thank you for your reply. I am new to this forum and have found it so confusing! I have read the newbie thread but need to re-read I think! They have me popla code but when I read thinks about appealing to them I wasn't sure if I could then go down the technical kind of route if is already explained to Smart that I had a genuine medical emergency?
I also wasn't sure whether to contact Asda but will definitely do that now. Thank you 😀

The_Deep

Medical emergencies do not cut it with PPCs, you need to fight them on contracts, losses, planning permissions, signs, etc. Forget the medical thing and read some successful PoPLA appeals.

Umkomaas

I think you need to include the medical condition if this caused the overstay, in a contextual introductory paragraph. Then hit them with stuff The Deep alludes to above.

We will help hone your appeal draft. Just post it up here for critique once written. But you have a fair bit of time to do this as the POPLA service is changing hands - over to The Ombudsman Service Ltd (OS) - and there will be a slight delay in getting the new show on the road.

Your first task is to use your POPLA verification code (via the current POPLA website) to register your intent to appeal with OS. Make sure you do it before the expiry date of your verification code.

Jstar222

Thank you so much everyone. This Forum is really amazing!


I really appreciate your advise and will definitely register my intent to appeal with POPLA. Thank you also for offering to hone my appeal. I will post it later after drafting.
:T

Ralph-y

and .......

complain to Asda ..... not to the CS staff .... to the manager

Ralph:cool:

Umkomaas

There's no rush to draft your POPLA appeal given the hiatus with POPLA/OS. If you rush it you're likely (based on previous posters who've rushed to copy and paste anything they find) to make a bit of a hash of things, and regulars don't have unlimited time to pull it all apart and repackage it for you. In fact the chances are they will skip over your thread and you'll be largely left on your own.

So please take your time to do your research and understand what's needed. The following is standard advice I give to posters making a start on their POPLA journey.

There is no standard POPLA template as such, but your appeal needs to cover the following:

1. No keeper liability (but you need to check the NtK for correct dates and all requirements of PoFA have been included) - see here:
http://www.parkingcowboys.co.uk/keeper-liability/

2. Signage
3. No Contract with landowner to pursue charges in their own name at court
4. No proprietary interest in the land
5. Unlawful Penalty Charge
6. ANPR Accuracy (if appropriate)
7. No genuine pre-estimate of loss (GPEOL)

Read very carefully post # 3 of the NEWBIES FAQ sticky - it contains information important to your appeal.

There are plenty of examples of winning POPLA appeals across the forum; here are a couple of links for you to follow and research:

How to win at POPLA:

http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

Some of the appeals linked here are now becoming a little dated, so be careful to use one of the more recent ones as your guide to framing your own.

Please don't do a 'copy and dump' of the first thing that looks 'legal' enough, then expect regulars to pick it apart and amend it all for you. We won't do that, so you need to understand what you're copying, you need to proof read it and make sure any references you make (Beavis in particular) are up to date, and everything relates broadly to your parking event.

POPLA Decisions

https://forums.moneysavingexpert.com/discussion/4488337


Read from the most recent backwards to get a feel for the appeal points on which POPLA Assessors are currently upholding appeals.

However (and importantly) things are changing on the POPLA front, with the service imminently being taken over by The Ombudsman Service Ltd. Please read the following link to understand the process you will need to follow over the next few weeks:

http://parking-prankster.blogspot.co.uk/2015/08/popla-changeover-starts-tomorrow.html

Jstar222

Wow! I seriously cannot thank you enough for your brilliant help. I am truly grateful and will read every link you have kindly pointed me to.
I kind of wish I'd called myself an ambulance on the day of the ticket being issued instead of administering my own epipen and driving up to a&e. Perhaps then they would've cancelled the ticket!
I am still fuming that they are so nasty considering I was having an anaphylactic reaction and could've died!!! Grrr

Redx

even if you had died its unlikely they will cancel the pcn !!

the fact you havent will only spur them on to harass you, people have had tickets in hospital car parks whilst having treatment inside, having driven themselves there and more interested in staying alive than parking appropriately

follow the advice in the NEWBIES sticky thread

appeal using legal arguments only, dont reveal who was driving

complain LOUDLY to asda and insist they call the dogs off, get it in writing too