Registration Mistake

dporterf

Hi - looking for advice
I have been issued a Parking charge notice by Smart parking limited
The Facts are :
I called in to Sports direct in Darlington
Parked the Car
Bought a ticket for one hour
It was one of the machines that asks for registration number
SADLy the registration number was incorrect - in a 'blonde moment' i entered the registration number for my own car - however at the time i was driving my wifes car
I left the car park within the time on the ticket
a few days later received a parking charge notice for £90 - 45 if paid early
the notice clearly shows me in my wifes car entering and leaving the car park in the allotted time
My own car was on the drive at home so was not in the car park at the time
I still have the parking ticket so decided to appeal to Smart as it was a genuine mistake - - sent them the evidence of the ticket i had paid for parking and explained the circumstances

Smart wrote back saying they would uphold the charge as it is the drivers responsibility to enter their registration number into the machine correctly - asking for payment - end of informal appeals process

they advise that i can make a POPLA appeal if i want to take the matter further

so was hoping for some advice before i do this

I have not made the appeal yet so don't know the format but reading other posts -I can see a couple of ways to argue an appeal

1 no evidence of loss to smart parking - clearly they received full payment from me for the service that they were offering - i.e. 1 hrs parking for £1

2 signage - and this is weak I know - the signage and machine says enter YOUR registration number which is exactly what i did - it does not say enter the registration number of the car being parked by you - which in this case was my wife's car not mine ( the parking charge was sent to her )

To be honest i would hope that some common sense would apply here - but looking at other posts this seems unlikely - but hopefully I can get some good advice from the forum

The_Slithy_Tove

The circumstances of your case don't differ enough from all the others to warrant any course of action other than a standard appeal as per the NEWBIES thread. You may want to add a sentence that as you have paid, there is no loss to Smart. Smart are easily seen off at POPLA, so no worry.

HubertGrumblethorpe

My son-in-law had a similar lapse on an ANPR "managed" car park ... using one of these new-fangled 'apps' on a phone, but as he has access to more than one vehicle, he chose the wrong registration on the app.


In due course, ParkingEye sent the auto-generated PCN to the registered keeper. A letter to the landowner with proof of payment which also showed the purchase date/time within a couple of minutes of entering the car park, resulted in a fairly swift cancellation by PE... there had been no loss and of course PE didn't own the site/land.


So, as much as I hate to say it, a (minor) plaudit for PE for being sensible and realising that people do make errors and a (huge) plaudit to the landowner (Rank).


So, you may like to follow a similar route with Smart. Worth a try ... and a route many of the regular experts on here also suggest in parallel to the appeal. As it happens the Registered Keeper didn't get round to the appeal as the cancellation came before the 'nominal' 28 days had expired. Incidentally, I found the landowner by searching for planning applications for the car park on the council website.

The_Deep

It is indeed the driver's responsibility to enter the reg number correctly, but we are all human and the PPC's failure to cancel is unreasonable. There has been no loss and the amount demanded is ridiculous.

I suggest therefore that you write to them informing them that, once PoPLA has decided in your favour, you will be invoicing them for their time.


The only language these companies understand is threats, d

Fruitcake

First, check that PoPLA code you have received is valid on a checker site such as parking-cowboys. If it is valid, have a look at the POPLA decisions thread and pick one that is similar to your case then modify to suit.
Use all the usual appeal points.


No standing
Not the landowner
Inadequate signage
No GPEOL.
No loss to the PPC


If the PoPLA code is not valid, complain to the BPA and DVLA.

Guys_Dad

I would, in fact, add the mitigation point. Partly to test out how the new POPLA handle this and also for paperwork should it get to court.

I would also write back to the PPC saying that you will fight this all the way to court of you lose at POPLA and that if they want to waste a shedload of cash, it is up to them and you are giving them till Tuesday to reconsider before you submit your POPLA appeal (assuming you have sufficient time in your appeal window)

Fruitcake

Dear PoPLA assessor,


A picture of the sign.
I am appealing as keeper.
The driver entered the reg of their car, not the car they were driving, as instructed by the signage. If the PPC wanted the driver to enter the reg number of the car they were driving it should have said so in plain English on the sign.
Unfair contract and interpretation of Ts and Cs that favour the customer where there is any ambiguity. :rotfl:

Coupon-mad

Smart NTKS are not capable of 'keeper liability'...so the keeper should have appealed, not saying who parked the car. Sounds like that ship has sailed though (a winning POPLA appeal point in the bin) so you will need to search the forum for other POPLA appeal points a driver can use.

dporterf

Ok POPLA appeal lodged - lets see what happens

The retailer has responded saying it is nothing to do with them - still trying to find out who landowner is

System

The retailer has responded saying it is nothing to do with them

Darlington Borough Planning applications lists Sports Direct as the owners. Application 13/00048/ADV says so. So they are either lying to you or to Darlington Council.