Smart Parking PCN - POPLA decision

charl_lb

Hi all.
Looking for some help and advice on what my next steps should be. I have been reading a lot of threads but am still quite overwhelmed as to what to do next...
So I received what I believe is an unfair PCN as I incorrectly entered my registration no., the machine wouldn't let me print it fully for some reason (and, of course, they had no other complaints on that day) so I only managed the first letter as it kept returning my coin. Due to this, the cameras assumed I had not paid. It was not clear to me (and I stated this in the appeal) that Smart Parking charge you from when you enter and exit, instead of the time you purchase the ticket and get back to the car. I expressed that if they wish to start the time restriction on arrival then as well as clearer signs they would simply need a barrier and ticket machine at car window level at the entrance and another at the exit because for them to combine 'pay on foot' manual P&D machines within a busy car park with a completely separate camera system at the entrance and exit is simply not compatible and unfair in law.
It is to be noted that I stayed in the car park 75 mins however I only paid for a 60 min stay (thinking that with 10 mins grace, and the time it took me to buy the ticket and then get back to the car this wouldn't be an issue). In short, I was back at the car within the required time and they can check their cctv - but of course, they don't have access to this...
Additionally, I paid £1 instead of 80p, therefore paying an extra 25% - I added this in my appeal to POPLA but their response was simply that it is my responsibility to enter the full reg. number and that I had overstayed by 15 mins, completely overriding my defence to the confusion and lack of knowledge I had regarding how they expected me to comply to the time restrictions.

Something maybe worth mentioning, when Smart Parking gave their statement with evidence, etc. they contradicted themselves and stated that I entered and exited at a different time to what is showed on the cameras.
Maybe this won't make a difference now because it says once POPLA's decision has been made... I wish I had mentioned this earlier.
It just seems impossible to win and I'm thinking it might just be easier and less hassle to pay the £100 as the letters to come will go to my parents address...

Please, any help/advice is greatly appreciated.

Thanks,

Redx

the BPA CoP covers those TWO grace periods

a judge may take a different view due to what you have said above so personally I would take my chances in court if not so SMART decided to take it that far - they have 6 years to do this

keep all your evidence etc

if you had come here for people to check that popla appeal then its likely that you would have won , especially as KEEPER and not as DRIVER as not so smart dont comply with POFA2012

Umkomaas

It just seems impossible to win and I'm thinking it might just be easier and less hassle to pay the £100 as the letters to come will go to my parents address...

There is no obligation on you to pay until such time as a Judge tells you to - POPLA is not part of the judiciary.

Smart are not greatly litigious and where they have come up against a forum assisted defence they have caved in.

You'll now probably get a series of powerless debt collector letters - all they can do is send letters (nothing else). Just ride them out, they tend to fizzle out at around the 6 month stage.

Come back on this thread if you get a Letter Before Claim (probably from SCS Solicitors, Smart's legals) or a court claim via the CCBC at Northampton.

The_Deep

Never mind PoPLA, some of their decisions are just plain daft, and a judge may well take an opposite view. My advice is to contest this in court, your case is a lot stronger than you seem to think. This is a trifling matter, google de minimus.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

It just seems impossible to win and I'm thinking it might just be easier and less hassle to pay the £100 as the letters to come will go to my parents address.

NO, NONONONO. And more no.

DO NOT PAY THIS. DO NOT GO THROUGH LIFE THIS EARLY ON, AS A SCAMMED VICTIM.

If you want the letters to come to a different address so your parents don't see them, email Smart and give them a new address for service of papers.

Smart do not sue people in England and Wales, as at the time of writing, and if they tried then you would have a defence. We would assist. We win 99% of defended cases here (but Smart do not sue).

Did you realise now, what you should have done for 100% win at POPLA?

Appealed as keeper...not driver. You could not have lost. Your appeal completely blew it.

Get it right next time and ignore the daft letters in this case, but get them to send them to an address where a well-meaning but naive relative will not panic and pay, thinking they are 'helping' or that you are in trouble. You are not, you just came here too late, and mucked up the appeal, never mind.

No harm done, now ignore the threatograms like we all do!

charl_lb

Thank you all for your advice!

I guess my only concern is if (I know the chances are low...but their figures have increased over the last 4 years I believe) they were to send me to court, what could I expect to pay if I were to be unsuccessful, with this £100 to be ever increasing along with all the fees...?

Thanks,

Umkomaas

charl_lb wrote: »

Thank you all for your advice!

I guess my only concern is if (I know the chances are low...but their figures have increased over the last 4 years I believe) they were to send me to court, what could I expect to pay if I were to be unsuccessful, with this £100 to be ever increasing along with all the fees...?

Thanks,

Unlikely to be bothered about a single ticket which would cost them ~£300 to collect the £100 original charge (do the math). It would cost you £100 (original charge) + £50 their filing and hearing costs + a max of £50 cost of their solicitor (if used) = £200.

Almost 1 million tickets issued and just 34 court cases in the past 3 years. Do you really think they would pick your little ticket out for court proceedings?

They would be much more interested in you if you'd racked up multiple tickets.

http://www.bmpa.eu/companydata/Smart_Parking.html