Smart Parking PCN - POPLA appeal

Umkomaas

Picking these off a bit piecemeal.

6. Non-compliance with BPA code of practice

Failure of Smart Parking to follow the BPA code of practice, particularly in contravention of clause 22.8 of the British Parking Associations code of practice too which Smart Parking must abide states that members of the BPA must “acknowledge or reply to the challenge within 14 days of receiving it. The initial appeal was lodged online on Smart Parking’s site on the 6th July 2017, yet Smart Parking did not respond until 26th July 2017, so 20 days later, when they rejected the initial appeal.

This won't fly. The key time slot is 35 days to accept the appeal, or reject it with a POPLA code. If they've failed on the 35 days, then use that.

The paragraph you've placed in the appeal won't do you any harm, but position #6 is about its right place.

[STRIKE][STRIKE]5. Non-compliance with requirements and timetable set out in Schedule 4 of POFA 2012

If Smart Parking want to make use of the Keeper Liability provisions in Schedule 4 of POFA 2012 and Smart Parking have not issued and delivered a parking charge notice to the driver in the place where the parking event took place, your Notice to Keeper must meet the strict requirements and timetable set out in the Schedule (in particular paragraph 9). I have had no evidence that Smart Parking have complied with these BPA Code requirements for ANPR issued tickets so require them to evidence their compliance to POPLA. Furthermore, the notice to keeper was not received within the maximum 14 day period from the date of the alleged breach. Specifically, the alleged breach occurred on 20th June 2017, and the notice to keeper was [/STRIKE]received 16 days later on 6th July 2017.[/STRIKE]

[STRIKE]This is a black and white issue. Unless they get their timings right, they don't comply with PoFA, ergo no Keeper Liability. POPLA have been homing in on this of late. I'd promote this to #1 appeal point. It might mean the POPLA assessor needs to go no further. [/STRIKE]

3. Insufficient signage

Do you have photos to back up your assertions. If you have, embed them directly under this appeal paragraph. If not, can you quickly get hold of some? I think they would help.

Therefore, in this case GPEOL should still apply and any putative contract needs to be assessed on its own merits.

I wouldn't put yourself in danger of being a potential hostage to fortune by leaving this in. There's no evidence that POPLA Assessors understand the nuances of Beavis and the tiny chink of light left where GPEOL might still arise. There is more evidence that if they see 'GPEOL' in an appeal, they react by looking for the 'reject' button.

GPEOL (even if argued well) isn't the showstopper it once was, so leaving out just that one sentence doesn't diminish the overall strength of the appeal.

Just to say you've done a great job on formatting, and given how easy this has now been to go through, has got you more advice than was likely from the previous wall of text.

If you're not up against a tight POPLA deadline, leave this up for (say) 24 hours to see if others have anything to add.

Guys_Dad

Tristanito.

You still format your appeal with NO WHITE SPACE to speak of. Please read Umkomaas post immediately prior to this one of mine. That is an excellent example of lay out.

Presentation plays a very important part of any appeal. Make it more read-friendly and it will help your points stand out.

The occasional inset paragraph, italics, and white space can ork wonders.

Apart from that, the content looks not too bad.

Fruitcake

There are 2 grace periods in the BPA CoP so you need to quote that. The initial one before parking is of an unspecified length so you can easily justify several minutes from the entrance to the parking place. The second grace period is of at least ten minutes.

Where is the Inadequate Signage template point form the NEWBIES post 3? It is longer than the whole of your appeal put together. You really must use it.

Point 5 won't fly because you have already given away the driver's identity so you need to remove it.

Umkomaas

@Fruitcake. Thanks for spotting that.

@OP. Please ignore these comments of mine vis a vis Keeper Liability. You clearly can't use your draft para #5. Follow Fruitcake's advice.

[STRIKE]This is a black and white issue. Unless they get their timings right, they don't comply with PoFA, ergo no Keeper Liability. POPLA have been homing in on this of late. I'd promote this to #1 appeal point. It might mean the POPLA assessor needs to go no further. [/STRIKE]

Tristanito

Thanks all for all your help and advice! I have everything I need and will submit my appeal today.

Tristanito

Appeal successful!! Thank you so much to you all

nosferatu1001

Did they fail to contest?
If you can give us your popla number , name of assessor and a transcript of their decisiotn its helpful for others

Tristanito

This is what I got from POPLA:

An Appeal has been opened with the reference 8512057331.

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.

Redx

well done for plucking VICTORY from the arms of DEFEAT

far to much blabbing about what happened on the day from the driver and yet not so SMART still didnt want to lose at popla and pay the popla fee !!

glad to see that common sense prevailed and the advice you got here contributed to them blinking first and chickening out !!

great stuff