Popla appeal :fistral bch - pay by phone nothing to do with smart parking apparently!

samtreesam

Thank you both for such swift responses. Unfortunately I fear I must have identified my husband fully as the Driver as Smart's rejection letter to my appeal was addressed to him (the Driver) rather than myself (the registered Keeper). I guess they assumed that he was at the same address as myself. I did copy and save my written appeal as shown in my original post above and it is written in the first person so I must have given his name - unfortunately I never thought it would be rejected at that first stage!:
'I called and paid this over the mobile phone (it took me some time to actually get any mobile reception at Fistral Beach!) - I attach the phone log to prove this [sent]. I then went down to the sea for a surfing competition and when I checked my phone again received a text saying you did not have my registration (even though I had clearly left this on your phone system) and a request to text it urgently, which I did - again I have a screenshot of this text exchange to prove it [sent]. I did not hear any more from you until I received this fine - surely if you were not satisfied with my reply, you should have texted/phoned me to advise me?'
Should I remove point (2) then? Although the original notice served does not mention POFA anywhere and therefore may not have been compliant anyway?

Thank you for the continued support and for taking the time to read all of this!

Coupon-mad

What, you named him?

Umkomaas

If they are not pursuing the keeper, because the driver has been formally identified, thereby taking the keeper out of the picture, then there’s no point in arguing anything PoFA.

samtreesam

Sadly yes - I did name him because (naively!) I assumed that there was no way they could enforce the PCN as we had the mobile phone logs to prove that we had paid for parking! I now know to NEVER make that mistake again!! So I shall remove point (2) thank you!

samtreesam

Oh and I guess that also applies to the first point (1), so I should remove that too! Thanks

samtreesam

So if anyone gets another moment do you think that, once points (1) and (2) are removed, that this appeal is good to go to PoPLA? I am still concerned that point (4) may not be valid as the size and scale of the font for the potential fine of £100 at Fistral is now a similar size and scale to the Beavis sign?

Also I am unclear who has to submit this PoPLA appeal; myself as I received the original PCN and am the registered Keeper, or my husband who I have identified (unfortunately!) as the Driver of the vehicle at the time - the rejection letter from Smart Parking was addressed to him.

Thank you again for all your help - much appreciated:)

The_Deep

Have a look on google earth 50.25.05.99N, 5.05.43.81W at the sign above the larger sign. It is probably the T&C. It is at least eight feet above the ground, must contain several hundred words in tiny print.

How on earth can Smart expect people to read and agree all that, just to park a car.

samtreesam

Thank you The Deep - just had a look on google maps and I certainly wouldn't have been able to read those T&C's - even with my glasses on, standing right in front of it!

Still concerned though that my argument in point (4) of very lengthy appeal falls apart as the £100 is probably the largest font on the sign at Fistral!

samtreesam

Also as points (1) and (2) are no longer valid I think I will start with point (8) which is the crux of my appeal!

Any feedback still very much appreciated!

reddefender

How did this pan out? I had the same fine - tried to phone (twice) and assumed the payment had gone through, went surfing and got an NTK letter ten days later. Am using your letter for my 2nd appeal (wish I'd known about this forum when I sent my first flimsy response!