Late notice POPLA appeal help....

philneil01

I've received a parking fine from Smart Parking for parking at Fistral Beach last week. We paid for parking over the phone & so have a text message as proof.
I called the number on the letter & they asked me to appeal it. I did, there was no option of adding a screenshot of the text payment confirmation. The appeal was rejected.

I've now received the following email....

"Dear Sir/Madam,
POPLA Verification Code: xxxxxxxx

Parking Charge Notice: xxxxx
Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the PCN as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. As your appeal was received within the initial discount period we have extended the discount period until 16/08/2016.
We note the comments stated in your appeal in regards to paying for parking via the Pay by Phone solution, please note, it is a motorists responsibility to ensure they purchase a ticket for their full correct vehicle registration mark which covers the total duration of their stay.
We can confirm, having checked our systems, no payment was made against vehicle registration mark xxxxxxx therefore the PCN was correctly issued.
It is the drivers responsibility to ensure they insert their full correct vehicle registration mark as advised on the signs so a payment can be assigned to their vehicle. It is also the responsibility of the driver of the vehicle to ensure they purchase a valid ticket for the duration of their stay when using this car park. As you have failed to do this, and have therefore breached the advertised terms and conditions, we have no option but to uphold the Parking Charge Notice. The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
You have now reached the end of our internal appeals procedure.
If the PCN was issued in England and Wales you also have the right of appeal to an independent appeals service (POPLA). If you wish to make an appeal to POPLA the forms are available on their website at https://www.popla.co.uk
The verification code you will need in order to appeal to the Independent Appeals Service is xxxxxxx. It is important that you reference this on the appeals form as appeals submitted without this code will not be assessed. You have 28 days from the date of this letter to lodge your appeal with POPLA. Please note the early payment discount period will have passed by the time your appeal has been considered by POPLA. If your appeal is not successful with POPLA the full amount of the PCN will be outstanding.
By law we are also required to inform you that Ombudsman Services (https://www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
If you have any trouble in appealing or cannot access the website please contact us on the number above.
Yours Sincerely"

I've checked the POPLA code and it said it was generated 1 day before the date I was sent it. I guess this is further ground for dispute but in all honestly, I have no idea how best to progress.

Anyone out there been in a similar position and can offer son help?

Thanks in advance,

parkingwoes_2

Read the NEWBIE thread which gives links to POPLA

Read new POPLA appeals only

Hope the driver was not given away in the first appeal (no need to confirm here)

Redx

put the search word FISTRAL into the forum search box , find recent popla appeals against smart (not old P.E. ones) from this year only (2016) and crib from those to draft your own appeal , there should be plenty to go at as its infamous on here and on pepipoo forums too

check the popla expiry date at parking cowboys , dont miss that deadline

post #3 of the newbies sticky thread also has popla advice , please read it