Smart Parking

Guys_Dad

Originally Posted by Guys Dad
So, for this appeal, I put this operator to strict proof of where the car was parked and (from photos taken in the same lighting conditions) how their signs appeared on that date, at that time, from the angle of the driver's perspective

For an ANPR car park with cameras on entrance/exit?

Coupon-mad wrote: »

Yes, Guys Dad, that's deliberate! It's in the template for a reason.

You have got me there, c-m. I refer to the bit in red. As ANPR cameras are allowed and referred to in POFA, and these are alost without exception on entry/exit, how is a PPC able to state where in the car park a particular car was parked?

Maybe I have misread the point. I certainly have no problem with the rest of the bit I quoted.

Redx

I would say that the relevance is as per this prankster blog about the infamous PEEL CENTRE pay and display car park which is also controlled by anpr

http://parking-prankster.blogspot.co.uk/2016/02/wright-hassall-prove-their-incompetence.html

he highlighted the woeful signage that does not appear in certain areas of the said car park, from the perspective of where the car was "parked"

drivers should be able to see the signage and read it from the parking areas , as determined by the simpler and easier to read and multiplicity of signs in the Beavis case car park near reading

there is certainly no chance of reading the entrance signage on entering this car park, and many parking spots dont get a glimpse either

there is also the fact that the OP could have been circling , then left , and never parked at all , like ivor pecheque in their court case

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

in this case the OP circled and left , so no parking event occurred

Coupon-mad

Guys_Dad wrote: »

Originally Posted by Guys Dad
So, for this appeal, I put this operator to strict proof of where the car was parked and (from photos taken in the same lighting conditions) how their signs appeared on that date, at that time, from the angle of the driver's perspective

For an ANPR car park with cameras on entrance/exit?

You have got me there, c-m. I refer to the bit in red. As ANPR cameras are allowed and referred to in POFA, and these are almost without exception on entry/exit, how is a PPC able to state where in the car park a particular car was parked?

The point is that they can't. I don't expect them to be able to. It is a banana skin for them to slip up on.

So, if the appellant is saying that the car was 'not parked near a sign' and the signs are 'so sparse that the driver did not have a chance to see the terms', and puts the PPC to strict proof to the contrary then - tough - the PPC can't answer that point. If they can't evidence that the driver was likely to have seen the signs then POPLA cases can and have been won like that.

understood ref 5 & 6 ... sometimes less is more ... I only added those as thought they were relevant ... so will remove

Oh, please don't!

With a POPLA appeal less is NOT more, IMHO.

These 'throw the kitchen sink at it' POPLA appeals win, and win, and win. It's deliberate and many PPCs throw in the towel. If not then POPLA will see the points - as long as they are headed clearly in bold and set out nice and clearly in a PDF document.

Don't cut down that POPLA appeal. It works. Upload it as a PDF under other, this is a tried & tested approach.

Smrt1

Thanks all

Ok, have left it in there, uploaded as PDF under other ... I'll let you know how it goes

Smrt1

Just a quick update and a note to say Thank You to the advice provided on this forum, particularly Coupon_mad and others who take the time to provide advise on the best way to handle these parking charge requests.
The good news in my case is that I've just received conformation from Popla that "Smart Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge."
if you're in the same boat, do take the time to read through the newbie thread as it's full of useful info and is kept up to date with the latest best practice and remember the number one rule of not divulging the identity of the driver on that day the the parking company.

Coupon-mad

That's great news and 'not naming or giving away the driver' is the golden rule to make almost any case stronger.