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POPLA appeal rejected. What can I do now?

Hi,

I received a parking charge notice from SMART PARKING as I forgot to input my registration number in the GOOSE GREEN car park. I am a member of Total Fitness gym and members receive 2 hours free parking in the car park below the gym. I did not overstay the 2 free hours but as I forgot to input my registration number in the ticket machine inside the gym, I received a fine. I decided to appeal to smart parking because my ticket I received from them proved I did not overstay the 2 free hours allocated to gym members (the proof was photos with the time attached of my car entering and leaving the car park) and I thought they would let me off. However, my appeal was rejected. I then appealed to POPLA and they also rejected my appeal. In both appeals I did state that I was at fault for for forgetting to input my registration but I was advised by the gym to appeal as its a regular occurrence that members receive fines for forgetting to input their registration numbers and that normally POPLA wipe the fine.

What is my best course of action now? Any advice is much appreciated.

Thanks a lot
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    get the gym to cancel it

    otherwise , its a 6 year wait to see if SMART issue a court case using MCOL

    do not ignore a formal LBC or an MCOL either , but meantime DO ignore debt collectors
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    you need tpo pester the gym , if they hired them , or the landowner , popla where quite correct , and you should have inputted your VRN to gain 2 hrs parking , no input = no free parking
    Save a Rachael

    buy a share in crapita
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Odds of going to court currently look pretty slim. http://www.bmpa.eu/companydata/Smart_Parking.html
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is a scam ticket , no way has your insignificant breach of their contract, (a silly made up device heavily in their favour}, cost them £100, it is probably an unlawful penalty anyway. Even if they did take you to court a judge is likely to throw it out.

    Read this

    https://en.wikipedia.org/wiki/De_minimis
    You never know how far you can go until you go too far.
  • jwv353456
    jwv353456 Posts: 3 Newbie
    edited 22 January 2018 at 9:29PM
    pappa golf - What do I need to pester my gym about?
    Thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    they employed the sc@mmers , tell them to get it cancelled if you had permission to park as a gym member

    the PPC is there to hassle people who should not be there, not legitimate members
  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pappa gym - What do I need to pester my gym about?
    Thanks
    Golf!

    Fore! :cool:
    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
  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pappa golf/pappa gym - the forum’s very own athlete.
    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
  • Hi,

    I've emailed the gym and asked them to help cancel the fine. They've said that as the car park is external to Total Fitness gym and that because it was a mistake on my behalf, they cannot help.

    Any advice? Shall I just pay the fine?

    Thanks
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jwv353456 wrote: »
    Shall I just pay the fine?

    No.

    Are you really expecting anyone to say yes?

    It's your choice.

    Post #2 by Redx still contains your best options.
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