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Smart parking pcn

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We recently recieved 3 PCN for 3 different occasions when my.wife parked in a car park near to her workplace. The sign says £3 for 12 hours which she paid for and we have the tickets. The problem is she left the car park and returned thinking she was covered for the 12 hours shes paid for.

We have checked the signage and it says in small writing and i quote "Duration of stay is calculated by the APNR cameras from the point of entry to the point of exit" Even if she had read this its so misleading it should be clear that if you leave and return then you will be charged for each visit regardless of duration.

We have appealed all 3 and just received the first one back saying they are upholding the charge. We have to pay it. I want to appeal to popla but my wife just wants to pay it. The fines will cost us £180 in total or £300 if we lose appeal with popla. This is why she just wants to pay it. Do you guys think we have a case? Im fuming with these parking terrorists. What should we do?
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Comments

  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 27 June 2017 at 8:24AM
    Of course you have a case these are scammers that only want your cash in an unregulated industry.

    They want it all ways anpr is not fit for purpose, they try to catch people double dipping by merging two events together, and in your case try to catch you by splitting them.

    If the driver paid for 12 hours the driver paid for 12 hours, only a judge can really sort that out why would you just pay these Muppets and fund their scam?

    Of course the signage should be clearer, but that won't be scam-profitable for them will it!

    You need to tell the regulars what was in the appeal you made to not so smart, but an appeal to POPLA is very winnable with help from this forum.

    Even if you lost it's not binding on you anyway.

    Have you read the newbies start here thread at the top of this forum.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Richsimm22 wrote: »
    We recently recieved 3 PCN for 3 different occasions when my.wife parked in a car park near to her workplace. The sign says £3 for 12 hours which she paid for and we have the tickets. The problem is she left the car park and returned thinking she was covered for the 12 hours shes paid for.

    We have checked the signage and it says in small writing and i quote "Duration of stay is calculated by the APNR cameras from the point of entry to the point of exit" Even if she had read this its so misleading it should be clear that if you leave and return then you will be charged for each visit regardless of duration.

    We have appealed all 3 and just received the first one back saying they are upholding the charge. We have to pay it. I want to appeal to popla but my wife just wants to pay it. The fines will cost us £180 in total or £300 if we lose appeal with popla. This is why she just wants to pay it. Do you guys think we have a case? Im fuming with these parking terrorists. What should we do?

    Tell your wife it's a big NO NO to pay these scammers.

    Smart are a cowboy operaton and only interested in scamming
    money from people.

    Smart lost themselves a major contract last year when Asda
    sacked them ...... says a lot about these cowboys.

    POPLA is something you must do and you will get all the help
    you need to win from the regulars on here.

    THE SIGNS
    You need to take pictures of the signs.
    1: Do they mention no return if you left the car park
    2: If so, are they easy for people to read and the size of the letters

    You have receipts for 12 hrs parking which you expect to be
    honoured and not be scammed by the well known dodgy ANPR cameras which should match the time paid for.

    Was it a retail park, were you shopping
  • So I have spoken to partner and she is ok with me appealing to popla. I must add if it comes back unsuccessful there is no way i would be able to convince her not to pay she wouldnt ignore letters etc.

    Anyway yes ive read alot of the newbie info and my heads a little battered to be honest. I will re-read. I took a photo of the sign. Im getting my wife to take some more today for better angles. The sign is quite high up. I wish i could post it but i cant im a newbie.
    I asked her what she put in her appeal to smart parking she didnt keep her own record but submitted it online. She basically when on the defence that she had paid 12 hours and has evidence of that and the sign doesnt say you cant leave and use the rest of your time. The ticket says paid till 9pm so she expected to be able to use it till then.

    We check sign and only once does it mention anything to do with leaving and returning in exact wording it says in small writing.

    (Duration of stay is calculated by the APNR cameras from the point of entry to the point of exit)

    By this wording id think if i paid 2 hours and i entered and left after 1 hour my length of stay would be calculated as taking an hour still giving me another hour if i returned. If i returned and went over my paid time then id expect a ticket.

    Where from here?
  • If anyone wants to see the sign wording i have a photo i could send by email etc
  • Coupon-mad
    Coupon-mad Posts: 150,903 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Richsimm22 wrote: »
    If anyone wants to see the sign wording i have a photo i could send by email etc

    No need. You can show us by hosting it in Dropbox and posting a shared link here, but 'breaking' the link (e.g. put gaps in the URL or change http to hxxp).

    Did you admit who was driving in all three appeals?

    Did you appeal online and choose 'driver'?

    Don't do that next time, these are easy to win but even easier if appealed properly.
    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
  • Yeah think she admitted she was driving
  • Coupon-mad
    Coupon-mad Posts: 150,903 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just means the best appeal point is in the bin. Happens all the time...we still win at POPLA or court.
    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
  • Wouldnt get to court. My wife would pay before then. Cant do link tried both methods you said
  • .dropbox.com/s/msgvvo6yh0we9s7/FB_IMG_1498686248627.jpg?dl=0
  • Umkomaas
    Umkomaas Posts: 43,229 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cant do link tried both methods you said

    https://dropbox.com/s/msgvvo6yh0we9s7/FB_IMG_1498686248627.jpg?dl=0

    Thought you said you couldn't do it. :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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