Smart parking PCN

Baz1n9a

Dear All

Please help with the following case.

Last June I parked in the car park next to the beach in Rye. As payment by cards was not available I paid £5 for 3 hours stay and displayed the receipt in my window. The receipt was issues at 13:14 so valid till 16:14.

We then decided to extend our stay. The signage said UP TO 1 HOUR = £1.50, 1 TO 3 HOURS = £5. As I only had 3 x £1 coins left at 15:35 I paid £3 which in my mind gave me 2 extra hours of stay (time of issue and cost was clearly printed on the receipt). So from 16:14 (my previous receipt) my stay was extended by 2 hours to 18:14. I also placed this receipt in my window. We left that day at around 18:00.

3 weeks later I received a PCN from Smart Parking stating that I overstayed (or something like that) and need to pay penalty. I appealed on their website attaching both receipts.

5 weeks later I received another letter from Smart Parking stating that appeal was rejected and PCN was correctly issued. According to them my 3 hours stay (£5) receipt was valid but the second one (£3) covered me only for 1 hour (even though I paid £3 where 1 hour stay = £1.50).
Apparently to be able to stay for 2 additional hours I should have paid for 2 separate 1 hour tickets (£1.50 each). This was not possible in my case as the ticket machines don't give out the change. If I paid 2 x £1 for first 1 hour ticket, machine would not give me a change and I would have not had enough money to purchase the second one.

I think this is a total scam as I paid enough to be covered for 5 hours but it looks to me like they just not acknowledging it because it wasn't on separate tickets. Can they actually do that? Should I pay the penalty or appeal now through POPLA? Do I have any chance to win this case or should I just pay £60 penalty. I only have few days left now to pay the discounted fine. Please help.

Thank you

nosferatu1001

You appeal through POPLA
What do the signs say?

Please, in future - paragraphs. Lots of regulars will NOT read a wall of text.

Have you read the NEWBIES thread? Simple yes or no.

Baz1n9a

I'm pretty sure the sign said:
- up to 1 hour = £1.50
- 1 - 3 hours = £5
I have to go there and check the actual sign. this happened 2 months ago.

Apologies for long wall of text.

Yes, read NEWBIES thread but haven't found case like mine. Also the amount of info and links covered is too overwhelming.

Thank you

nosferatu1001

You only need to read the first post of it
And youve missed the big bold element saying the actual circs dont really matter.

pogofish

Baz1n9a wrote: »

Yes, read NEWBIES thread but haven't found case like mine.

Post one covers your "case" completely.

Fruitcake

Your case is actually no different from anyone else's. You go a PCN for breaking their rules.

The process for dealing with these scammers is the same. Construct a PoPLA appeal using all the relevant points available to you from post 3 of the NEWBIES.

These would normally include, Not the Landowner, No standing to issue charges in their own name, Inadequate signage, ANPR inaccuracies (if ANPR was used), and anything else that is relevant.

It's a shame you gave away the driver's identity as that would Post your draft here for checking before you submit it.

Please put some paragraphs and line spacing in to break up your original post.

Please also complain to your MP about this unregulated scam.

Baz1n9a

Hi
I'm really sorry but I don't know where the 1st post is. the NEWBY section is not easy to read, so many links and different scenarios? Where the post one actually starts?
thank you

Ralph-y

your last post was post 7 #7


this is post 8 #8


hope this helps


so #1 starts the newbies thread



Ralph:cool:

Fruitcake

Baz1n9a wrote: »

Hi
I'm really sorry but I don't know where the 1st post is. the NEWBY section is not easy to read, so many links and different scenarios? Where the post one actually starts?
thank you

Each post on each thread has a unique number in the top right had corner. This post you are reading now is 9

The NEWBIES is no different.
For initial information you want post 1.
For court information you want post 2.
For PoPLA appeals you want post 3.

You only need to read the parts of the NEWBIES that are relevant to your situation.

Baz1n9a

Thank you. now I get it.. I feel so stupid now.

Baz1n9a

in relation to my post, I've on google maps and managed to see the actual parking sign at the entrance to the car park.

It says:
- up to 1 hour = £1.50
- 1 - 3 hours = £5

So according to the sign, if I wanted to stay extra 2 hours (or any extra time between 1 and 3 hours) I should have paid £5 not £3. So this is what Smart Parking is using as their excuse to reject my appeal.

Should I still go through POPLA (I know I've already given my name as a driver when I appealed the first time) or is the actual pricing sign clear enough for them to be able to penalize me?

Thank you