Mitigation for over stay

Breatheee

Hi

Looking for some advice please , I have tried to absorb as much as possible from the helpful sticky note guidance and other posts so forgive me if i have missed something.

Without going into too much info, I was issued with a parking charge by Smart Parking for over staying by 13 minutes in a retail park where 3 hours was provided for free parking.

I made the mistake of revealing myself as the driver ( I know..., I could have avoided this very easily ) . Anyway , i provided my circumstances - basically by baby decided to projectile vomit over himself , me and his pram whilst shopping - this resulted in a mass clean up operation delayed by waiting for a baby changing room to be available - hence 13 mins late back to the car to leave .

I don't believe there is any point to appeal to POPLA as its clear they don't care for mitigating circumstances.

So I am tossing up if I should take my chance at defending any claim that may be submitted by Smart Parking based on my mitigation. My question is that , having looked at a few posts - do i have any reasonable prospects if i rely on the lack of 1. observation time to actually park and leave the car to go look at the terms and conditions posted on the signage and, 2. a grace period of up to 11 minutes to leave the car park totaling 11-15 minutes over the 3 hours parking time permitted ? I've taken these points from other posters who have cited these recommended timings from BPA CoP.

Thanks for any advice

Fruitcake

Not so Smart very, very rarely do court. PoPLA is winnable, but not on mitigation.

Have a look at post 3 of the NEWBIES and construct your appeal using all the template points you will find there. Post your draft here for checking before you submit it.

It really is worthwhile doing a PoPLA appeal, and you stand a very good chance of winning if you appeal. You stand no chance if you don't appeal.

How old is your baby? Breastfeeding mothers of babies under 6 months have protected characteristic in accordance with the Equality Act 2010, so this maybe an additional point.

The_Deep

These things happen. If you slip and twist an ankle you can be late, changing a till roll can make to you late, being overcharged can make you late.

Popla will not give Donald, and I think that they are wrong not to consider all the factors surrounding the issue of a PCN, but a judge certainly will consider mitigation. Read what Cheshire will allow and not allow

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx


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.