Help with POPLA appeal from Smart Parking Ticket

ph85fre

Hi, Thank you in advance for any help anyone can offer to me. I am having to write an appeal to POPLA because I received a ticket from Smart Parking (they used an ANPR camera) after my first appeal to them was rejected. I have since figured out what has happened on the day, after being confused why I got the ticket in the first place as I actually parked in the ASDA section of the carpark and sent them proof that I had shopped in ASDA, which they accepted. Initially I drove in and out of the Travelodge and Costa area of the carpark (I had been staying with my dying Nan in a Hospice for 4 days, wasn't from the area and hadn't a lot of sleep so was figuring out how to get in to Asda!) and realised I was far away from ASDA and there were no spaces anyway. I drove out of the area and closer to ASDA. I didn't drive through any barriers to get in or out the carpark.

When I finished in ASDA, I decided to walk over to Costa and get food and drinks for my family back at the Hospice. I put my order in and was waiting ages so decided to go grab the car and pull up outside, run in and grab the food before driving out again. So basically, the camera caught me entering the first time, leaving to go in to ASDA and then entering again to pull up outside Costa and then leave again.

The ticket came through and they have basically missed out the two pictures in the middle of the sequence and taken the first picture and the last picture (there would have been 4 in total) and taken the timings from it and said I was in the car park from 08:38:24 until 09:25:31 when actually I was probably in the car park for 30 seconds in total!!

I failed to write this in my first appeal to Smart Parking because I didn't believe this is what could have happened, silly me thinking their technology wouldn't be wrong. I also thought it was a mistake I had made in the ASDA carkpark as not being from the area, I figured it must just have been that, sent them my proof I was there shopping etc and didn't hear from Smart parking for ages and thought they were happy.

So now, clearly this is my word against theirs and they rejected my first appeal as they said the charge is because I was in the Lifeboat Quay, Poole, carpark, which I have since figured out is the Travelodge and Costa carpark.

I want to win this POPLA appeal and will write what happened just like I have to you, but if anyone has any tips for me to ensure I win, as I do not want to pay this ticket as it has been issued wrongly but I literally don't know how to prove it other than with my story! Also, anyone had any success in any form of compensation for wasting time and the emotional rubbish that comes with this? My Nan died that day and then this arrived a couple of weeks later to remind me of this day and now I have to fight it when their technology has messed up, not me.

Sorry for the long post, just wanted to try and get what happened across as clearly as possible! I hope it makes sense.

Coupon-mad

POLPLA template appeal points are already in post#3 of the advice thread at the top where you clicked 'new thread', the one called 'NEWBIES PLEASE READ THESE FAQS FIRST'.

You should CERTAINLY win and...

Also, anyone had any success in any form of compensation for wasting time and the emotional rubbish that comes with this?

yes...potentially - then you can sue Smart and Asda (who contract them and piling on the pressure to retailer landowners is a GOOD thing to force a settlement) for obtaining your data from the DVLA without reasonable cause because they didn't check their ANPR records properly. We mean it - this is a new tactic but a double dip case is ripe for a DPA data misuse claim for a punt of just a £25 court fee, to reclaim £250 upwards to £750 (as a guide).

You would need to be serious, research it and the claim process and see it through (Smart have paid out before):

https://forums.moneysavingexpert.com/discussion/5585388

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

https://forums.moneysavingexpert.com/discussion/comment/71546135#Comment_71546135

https://forums.moneysavingexpert.com/discussion/5550336

https://forums.moneysavingexpert.com/discussion/5549973



ANPR is known to have this fault and operators are required to check to avoid PCN errors. This from Smart's Trade Body, the BPA:

http://www.britishparking.co.uk/Other-Advice#4

''As with all new technology, there are issues associated with its use.

a) Repeat users of a car park inside a 24 hour period sometimes find that their first entry is paired with their last exit, resulting in an ‘overstay’. Operators are becoming aware of this and should now be checking all ANPR transactions to ensure that this does not occur.

b) Some ‘drive in/drive out’ motorists that have activated the system receive a charge certificate even though they have not parked or taken a ticket. Reputable operators tend not to uphold charge certificates issued in this manner...''

ph85fre

Thank you for the response. I have looked at the POPLA info on that thread and can't find a relevant template about 'double dipping'. Sorry if I am being stupid. Is there one? or do you mean there is information on there to look at?

I will definitely be writing to all the people possible to complain about it and will take the advice about compensation and take that further to. I am sick of places like this just getting to do what they like and we have to waste our time sorting it out.

Anyway, thank you for your help.