Smart Parking - Had Ticket, Lost Appeal

NGef

My husband recently visited for the first time a car park out of our home town run by Smart Parking system.
He parked, paid for 1 hours parking. He was then asked to put in his registration but he is 60 and did not have his reading glasses with him, the buttons figures were faded so tried his best to put in his registration. He got his ticket and placed it in the car window.
He then did what he had to and returned to car and left within 19 minutes.

He then received a ticket in the post stating he had not paid and given a fine.
Luckily the ticket was in his car still so on checking noticed he had put a couple of digits wrong in registration but you can clearly see it's his Reg so wrote an appeal letter and sent the original ticket. (I took a copy for our records) I thought this a no brainier, they can see he purchased a ticket and didn't even use the allotted time allowed so will wave this fine.
How wrong was I?
He received a letter refusing the claim saying it was his responsibility to put in the correct details. They should be responsible to make sure their machines are easily readable for visually impaired customers!!!
What rubbish... where's the common sense ? He clearly paid for a ticket.
We now have to appeal again with a POPLA code.
I've read that this Smart Parking shower have been done in the past for issuing bogus fines and also one their managers was jailed for a scam where he put people's fine money in his own account.
My husband is going to ask them to take him to court.
He is not afraid to do so, he is an ex Police Officer and appeared for the Defence on many occasions.

Coupon-mad

Your husband should have researched & come here first. We have an appeal template that sees Smart Parking off first try, within a month, no POPLA.

Presumably now you are here you've read the NEWBIES sticky thread, and seen what you should have done (post #1 of it) and know how to do a POPLA appeal that should still see Smart off (post #3 of that thread). All in the top thread already.

Don't ask them to take him to court. Smart don't do court!

NGef

Oops, no, not read Newby Rules. (Naughty me)
Can you direct me to POPLA template please?
Thanks

Redx

there arent any actual templates, but there are EXAMPLES by other members and basic appeal points by CM for some of the usual appeal points

the NEWBIES FAQ sticky thread is the third thread down from the top of this forum, popla appeals are dealt with in post #3, whereas initial appeal has a template in post #1

KeithP

NGef, what is the date on the initial appeal refusal letter - the letter that contains the PoPLA Code?

You only have 30 days or so from then to submit a PoPLA appeal and two and a half weeks have passed since your last post.

It's not a case of being naughty by not reading 'the rules'.
It's more a case of not taking advantage of the vast amount of information that is available to you.

To create a winning PoPLA appeal you need to be studying post #3 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL].

NGef

KeithP
He has sent an appeal letter stating POPLA code about two weeks ago but received a letter yesterday with no acknowledgement of the POPLA appeal but just states that we can appeal using a POPLA code.
Both appeals so far been sent recorded delivery.
Goes to show they don't actually read the letters.
I could do with some help on which actual wording I should put on a further POPLA appeal please.

KeithP

Please re-read the first and last sentences of my earlier post.

One was a question that you appear to have overlooked, and the other answers your most recent query.

The_Deep

Read what one MP said about Smart parking recently in the HOC


Pete Wishart (SNP, Perth):

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

and complain to your own MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.