Smart Parking PCN - Luton

inzimam

Hi all

Having just won a POPLA appeal on another ticket, I've gone and got another one.

This time what happened was I stopped at the Flowers Road car park in Luton. The machines there only accepted coins so I went to the shop across the road to get some change. No one would give me change (i only had a £20 note). So i ended up walking back to the car and decided to leave and park elsewhere. I was there was 11 minutes and snapped by the APNR.

I know I shouldn't pay the fine but should I appeal in the same way as the following link which relates to the exact same car park but only differs as this person went back and paid for parking afterwards.

I'm thinking of writing this as an appeal to them in the first instance:

I, as registered keeper, wish to invoke your appeals procedure. The driver left the car park after having entered and could not get sufficient coins (as the machines only took coins).

I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.


Should you reject my appeal, please supply a POPLA code.

http://legalbeagles.info/forums/showthread.php?80625-*WON*-Flowers-Way-Luton-Smart-Parking-PCN-for-driving-out-b-won

Any tips would be greatly appreciated!

Redx

personally I would just go with the blue text template from the NEWBIES sticky thread here

then add a line adding the following

I have checked the BPA CoP clause #13 on grace periods and because a driver is allowed up to say 10 minutes to comply with the signs and over 10 minutes to leave the site as well , it seems to me that you have failed to take note of the CoP you have signed up to

Either cancel the invoice or I will use that point as one of many to win at POPLA with a code that I expect to receive promptly if you do not cancel the invoice (the drivers details will not be disclosed)

inzimam

Thanks very much, I'll use the blue text and add in as you recommended. I'll report back as I hear more.