Can we appeal

mum1515

or are we at fault for taking too long?

We were away the other weekend and went to a local funfair and parked in a car park nearby.
Today OH's received a parking charge notice from smart parking solutions with two photo's saying entry 13:22:42 and exciting 16.25:08. We bought at ticket that said parking expired 16.25.
I am extremely cautious of getting parking tickets after OH getting one several years back when we didn't keep an eye of the time so I knew we had to be back for 16.25. We were probably back at least 5 minutes before because I panic but we were needed an item out of friends car so this is probably what made it to the 16.25 and obviously the 8 seconds over.
However trying to think back I honestly can't explain how it took two minutes 18 seconds to purchase the ticket other than we were trying to find enough change and then me and my poorly feet going over to the machine and shouting back is XXX the last three letters of the reg so unfortunately 2minutes does possibly seem long here. However we are wondering if we can challenge it because altogether we had a parking ticket for three hours and we were in the car park for 3 hours 2 minutes and 26. We would pay the amount we have gone over by without a problem but £60 for less than 3 minutes and £100 if we dont pay in 14 days seems extremely harsh.
Thanks

waamo

At the top of this board is a thread that tells Newbies to read it first. In that thread are templates to use.

You need to read it and use the template.

mum1515

Thank you. I panic a bit sorry.

Umkomaas

I honestly can't explain how it took two minutes 18 seconds to purchase the ticket other than we were trying to find enough change and then me and my poorly feet going over to the machine and shouting back is XXX the last three letters of the reg so unfortunately 2minutes does possibly seem long here.

But the time they first capture you is the moment your vehicle enters the car park, not from when you've manoeuvred into a space. So a couple of minutes to do all of that is very fast indeed. It is why the BPA require their members to provide a 'reasonable' period of grace at the commencent of parking (usally ~10 minutes) and a further period of grace (a minimum of 10 minutes) to leave the car park. So your 2mins 36 secs over are well within this. Read here (section 13):

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

As well as sending in the initial appeal as per the NEWBIES FAQ sticky, post #1, please make a formal complaint to the BPA (Steve Clark), that Smart are not complying with the BPA Code of Practice.

steve.c@britishparking.co.uk

When you get his response, it may well be then the time to make a further complaint to the DVLA. There may also be an opportunity for a claim against Smart for mishandling of your data under the Data Protection Act.

Redx

read this recent thread where I explained aboit grace periods, as did others to clarify what I said

https://forums.moneysavingexpert.com/discussion/5895754/likelihood-of-success-with-popla-appeal

now READ the ntk and see what the alleged contravention actually was ?

an overstay ? if so, how many minutes do they allege was "overstayed"

assuming its within the 10 mins + 10 mins of the 2 grace periods in clause #13 , report them to the BPA with copies of all docs, as well as appealing , getting a popla code and constructing a popla appeal with grace periods as the number 1) appeal point (of several legal points)

Coupon-mad

The keeper just sends, online, the blue writing appeal in the NEWBIES thread.

We/you do not even need a thread about Smart Parking.

Sounds like you only put in a partial VRN, which has generated a PCN due to that (not overstay). But NONE of that gets added to the appeal, just use the template, it works v Smart.

It is that easy. They'll cancel next month.

mum1515

Thanks for further replies.
Coupon apologies for starting a thread. Regarding your comment of only putting partial VRN this is what the machine said to do.
I've read the letter again and now you have mentioned the above I not quite sure if they are saying we have a PCN for not paying or for incorrect ticket (the 3 minutes) as the letter just says similiar to the below
A paring charge is payable for vehicle xxxxxxx due to either having stayed in the car par longer than permitted or due to to not purchasing approriate time.and states we have breached advertising terms.
Once again apologies for not realising I can't ask for extra assistance.
I

waamo

Relax. Dumb see the template and cancel so I wouldn't stress over this.

Coupon-mad

No need for any details, in a Smart case.

Send the template and wait 35 days (ish) and they will cancel in October.