Gladstones Solicitors

Coupon-mad

Haha, good point IamEmanresu. Smart will struggle but I wouldn't put it past them trying.

tomek83

IamEmanresu wrote: »

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You'll have to explain to me how this works when the event is under E&W law and the OP's nearest court is in Scotland. I am genuinely confused.

yeah, this confused me as well. does that mean i the civil case will take place in a scottish court but will follow english law?

Had you followed our advice and done the appeal and POPLA appeal in your wife's name, she would have WON. 100% winnable for a keeper, none lost. Your wife was untouchable.

i wish i had know. i havent visited the forum becasue i was 100% conviced they would cancel the ticked as soon soon as i show them the invoice from ringgo (this is my first non council parking ticket ever). therefore i did admin i drove the car even before popla. i didnt reali there were this level of cheeky !!!!!!!s.

ok so please tell me. do you think i should able to easy win this case due to the following:
1. i pad
2. i did not overtay
3. thier signange states that reg number has to be provided "when using the payment machine" - in my opinion the wording implies the machines they provide on site, not mobile phone apps
4. the evidence they provided to popla shows signange that was not there on the dy when i parked (which i pointed out to popla but they completely blanked it)
5. the ringgo app itself does not require reg input, instead it preselects the reg for you. so if smart parking want the user to type in the reg then they should work with a mobile operator that does exactly that within their software (since i parked there they changed their mobile app operator, i wonder what the reason was)

becasue if my chance are slim due to the errors i made at the beginning then maybe its just better to pay up and learn from the experience.

below you can see the appeal decision i got from popla
in there you an read where they say that i did not provide any evidence that smart parking changed the signage since i park there and the evidence contained the new signage.
however i di point out to popla in my comments to smart parking evidence that the fact the location number and mobile provider on the signage in the evidence are different to the app i used and the location number i was required to provide. (they never offer a choice of multiple mobile apps, its always only one). this in my opinion is evidence in itself.


The operator states that it issued the Parking Charge Notice (PCN), because the vehicle with registration NEW CAR REG, parked with “insufficient paid time” at Lowther Street, Carlisle on DATE.
Assessor summary of your case
The appellant states that he purchased the appropriate parking time using the RingGo app. He says the app defaulted to his old vehicle’s registration. He adds that he did not notice at the time. He states that because he paid using the app then he had no incentive to read the operator’s signs. He says the app does not mention the terms and conditions of parking. He has expressed dissatisfaction regarding the way the RingGo appellant works. The appellant has provided: a photograph of his refusal letter from the operator; a RingGo receipt showing a payment made under the incorrect registration of OLD CAR REG; and a RingGo screen grab.
Assessor supporting rational for decision
The terms and conditions state: “Parking Tariff Applies” and that “Failure to comply with the terms & conditions will result in a Parking Charge of: £100.00”. The operator has provided photographic evidence of the vehicle arriving at 11:12 and departing at 11:54, remaining for a total of 42 minutes. In addition, there is a system print-out confirming that no valid payment was made under the vehicle’s full, correct registration. The appellant has said that because he paid using the app then he had no incentive to read the operator’s signs, and that the app does not mention the terms and conditions of parking. To be clear, the driver of the vehicle does not need to have read the terms and conditions of the contract to accept it. There is only the requirement that the driver is afforded the opportunity to read and understand the terms and conditions of the contract before accepting it. It is the driver’s responsibility to seek out the terms and conditions, and ensure they understand them, before agreeing to the contract and parking. When invited to provide comments on the operator’s case file, the appellant said that the signs in the case file were different to those at the car park at the time of the contravention. However, he has not provided any evidence to support this claim. In any event, the fact remains that he did not make a valid payment under vehicle’s correct registration. When parking on private land it is the motorist’s responsibility to be aware of the terms and conditions of the site they are entering before deciding to park. It is also the motorist’s responsibility to ensure that any appropriate, valid payment is successfully made. While I do not dispute that the appellant made a payment, the evidence shows that no valid payment was made under the vehicle’s full, correct registration. Therefore, I am satisfied that he did not park in accordance with the terms and conditions at the site. As such, the operator correctly issued the PCN and I must refuse this appeal. For clarity, any customer service issues the appellant has regarding the way the RingGo app works are outside of POPLA’s remit. This would be between the appellant and RingGo.

Coupon-mad

I suspect you will get all sorts of demands but no claim. If you do get a claim, come back because the Claimant then hits the issue highlighted by IamEmanresu.

because if my chance are slim due to the errors i made at the beginning then maybe its just better to pay up and learn from the experience.

Nope. Don't do that!

System

because if my chance are slim due to the errors i made at the beginning then maybe its just better to pay up and learn from the experience.

Wouldn't bother. While it is possible for a court in the UK to hear a case based on one of the other two jurisdictions (there are 3 in the UK - or 4 if you count Manx law) it is highly unlikely a Scots court would be arsed to hear a claim under English law for a few hundred quid.

That's my opinion but someone may know differently.

PS It is also my opinion that Gladstones are lying scum who would say anything to get you to pay.