POPLA appeal - late to the game

T_S

Hi all, I recently received a PCN from Smart Parking and submitted my appeal to them (naively it turns out as I did not check this forum first). I had proof adequate parking had been paid for, however, the passenger had entered one digit of the registration incorrectly.

I did not maintain anonymity of the driver in my appeal as I stupidly thought they would see it was a genuine mistake and parking had been paid for. I can still use insufficient signage as a base for my appeal as there is no sign to the entrance that I am aware of (Fistral Beach). I also believe the terms are void as there was a 'unilateral mistake' as evidenced in contract law.

I was wondering if anyone could point me in the right direction as I'm overwhelmed by all the threads and don't know where to start? I've also just noticed that someone lost their POPLA appeal in similar circumstances (except he was the driver and he entered P into the terminal, rather than just mistaking one letter).

I'd be grateful for any help you can provide!

Redx

see post #3 of the NEWBIES FAQ sticky thread

shame you named the driver , otherwise you probably would have won on POFA2012

use all appeal points except NTK issues and POFA2012 issues

which are

NO CONTRACT WITH LANDOWNER
POOR SIGNAGE
NOT THE SAME AS BEAVIS

etc

T_S

Thank you so much. It's a lot to get my head around but I'm getting there!

I've used the template and have set it out in this order (1) the contravention on the PCN didn't occur (i.e. parking was paid) (2) insufficient signage (I've added a para in here explaining no sign at entrance and the road doubles as pedestrian access to the beach with cars, campervans parked on the left possibly obscuring signs) (3) no evidence of landowner authority (4) charge is a penalty, breaches the CRA and is not saved by Beavis (4) breach of the BPA CoP. I've also added the Heggie case which supports my claim.

I just wanted to check, the template has wording requesting evidence of a reliable ANPR system. Should I add this, as their ANPR proves that my receipt covers the parking period? Do I want to call this into question as this effectively proves I've paid?

Thanks again, I really appreciate any help on offer. I want to make this as difficult as possible for them now!!!

Coupon-mad

I just wanted to check, the template has wording requesting evidence of a reliable ANPR system. Should I add this, as their ANPR proves that my receipt covers the parking period? Do I want to call this into question as this effectively proves I've paid?

No need to mention ANPR because it never wins at POPLA.

I had proof adequate parking had been paid for, however, the passenger had entered one digit of the registration incorrectly.

Think of this another way. Don't accept blame.

The keypad (NOT the passenger) recorded one digit wrongly and you should add a section saying you put Smart parking to strict proof that the keypad was not sun-faded and that the keys were in full working order that day.

T_S

That's a really good point, thank you! I'll have to re-word the whole letter I think! I put in my first appeal that the passenger had entered a digit incorrectly. I assume the operator will just send them a copy of my appeal so I'll have to raise it somehow but also put them to proof that the machine wasn't at fault.


I've received a letter today from a debt collector claiming £160! Part of me wishes I'd just paid the £60 straight off but another part just doesn't want to pay into this farce of a system, even if it means it's taking over my life a little! Am just so angry about it all - and a bit scared if I'm honest - but I'll make it as difficult and time consuming for them as I can, even if it has to go to court.

Coupon-mad

I've received a letter today from a debt collector claiming £160!

What, during the POPLA window? I mean ''so what really'' about the silly letter itself (ignore it) but Smart are not allowed to refer it to those boring companies at appeal stage.

You should email a complaint to aos@britishparking.co.uk to report this to the BPA.

T_S

Thank you, I will definitely report to the BPA.

I still have a few days to submit my POPLA appeal. I've attached a copy of the debt collector letter as well so hopefully they'll frown upon that!

nosferatu1001

POPLA likely wont care
the only ones who will pretend to care are the BPA.