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Fighting Private Land Parking Charge

Hi there,

I was issued an invoice from a company called Smart Parking LTD for overstaying the maximum time which was 30 minutes, I stayed for 45 minutes.

My appeal is the fact I do not believe there was anywhere near enough signage to the point I recorded a walk-through of the car park to demonstrate just how poor the signage is as you can easily park without seeing a single sign regarding maximum stay (you would only find signs regarding maximum stay if you were to parade the entire car park as the signs are only on one side).

I have appealed to Smart Parking LTD who have rejected and now I am waiting to hear back from POPLA.

My question is this: As I feel strongly about what has happened I would be more than happy to let them take me to court, however, after reading the "Fight Unfair Parking Tickets" article.

I just want to know how much in legal fee's could Smart Parking LTD really rack up in court fee's? I thought it would just be the small claims charge that would be added on if I was to lose the case?

The guide suggests it could be £500+ that someone like Smart Parking LTD claim but is this only for complicated cases or could this apply to any?

If someone can help that would be much appreciated.

Many thanks in advance!

Comments

  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    Ignore that article, it's useless.

    You need to read the 'NEWBIES' sticky thread on the Parking forum (you've posted in the general motoring section) then re-post in there if you have any specific questions.
  • soolin
    soolin Posts: 74,473 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Moved to the sub board for better responses
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • gobbly2100 wrote: »
    .... and now I am waiting to hear back from POPLA.

    Have you already submitted an appeal to POPLA?

    If not, you won't hear back from POPLA until you've made the next move by submitting an appeal. Smart's rejection letter should have included a 10 digit code for you to use to appeal to POPLA.

    Hopefully in your initial appeal to Smart you didn't reveal who was driving. Smart are easy to for keepers to beat in cases where the driver hasn't been identified.
  • Coupon-mad
    Coupon-mad Posts: 155,771 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 November 2016 at 10:22PM
    gobbly2100 wrote: »
    Hi there,

    I was issued an invoice from a company called Smart Parking LTD for overstaying the maximum time which was 30 minutes, I stayed for 45 minutes.

    My appeal is the fact I do not believe there was anywhere near enough signage to the point I recorded a walk-through of the car park to demonstrate just how poor the signage is as you can easily park without seeing a single sign regarding maximum stay (you would only find signs regarding maximum stay if you were to parade the entire car park as the signs are only on one side).

    I have appealed to Smart Parking LTD who have rejected and now I am waiting to hear back from POPLA.

    My question is this: As I feel strongly about what has happened I would be more than happy to let them take me to court, however, after reading the "Fight Unfair Parking Tickets" article.

    I just want to know how much in legal fee's could Smart Parking LTD really rack up in court fee's? I thought it would just be the small claims charge that would be added on if I was to lose the case?

    The guide suggests it could be £500+ that someone like Smart Parking LTD claim but is this only for complicated cases or could this apply to any?

    If someone can help that would be much appreciated.

    Many thanks in advance!

    Smart Parking do not sue and if they did, it would be about £150 all told if you lost.

    We do wish you had not read the (frankly fairly awful, despite recent changes) MSE article and instead come to this parking board first because a POPLA appeal against Smart should never be lost. Should have appealed it as registered keeper pointing out you were not liable under the POFA, job done, PCN cancelled.

    This is a classic example of why the MSE article needs to simply refer here!

    Come back and let us know but I fear you've lost the POPLA appeal if you merely wrote about the charge being unfair/too high and the signs being bad. Unless the signs were terrible, you won't win the appeal. But never mind, you are on the right forum now and will not be paying anyway!

    No-one is telling you to pay this, we do these appeals everyday and it is frustrating to see someone post on the wrong forum, having used the wrong template and having already submitted a POPLA appeal. I hope it works for you - if so, you got lucky at POPLA. But if not, come back and we will advise and will not be telling you to pay or panic.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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