Some guidance please - unfair ticket

beeman01

Hi - I am new to this site but could really do with some guidance if anyone can help.

I recently received a parking ticket from SmartParking for incorrectly typing one digit of my registration number (a 5 instead of a 4). I have the ticket in my possession and also didn't breach any time restrictions. I naively went through their appeals procedure and they will not even process my paperwork (which was a typed letter and their own appeals slip etc.). I have written to them many times now and they have simply increased the 'fine' from £54 to £90 and have sent me letters about debt collectors etc. I replied to their initial charge notice well withing the two weeks they stated (3 days in fact). I did this in writing and completed their slip.
I have requested a Popla number and they just refuse to answer any letters, emails or calls. In fact they have call barred me so that they don't have to speak to me. These people are simply despicable. I have logged many emails and copies of letters with them to no effect.
What can I do next - I can't even appeal to Popla as I have been given no Popla number. I feel very strongly that I should let them take me to the small claims court - I have effectively paid for my ticket all in good faith with good intentions. I believe that any judge would find their behaviour completely unreasonable on all counts. If anyone has good advice from this point forward I would be very grateful. Many thanks.

Fruitcake

I suspect they required you to appeal online and therefore have ignored every other method of communication you have tried. The method of appeal would have been on the PCN/NTK.
If they do allow paper appeals then you should complain to the BPA and DVLA that your appeal has been ignored.

It's a shame you gave away the driver's identity as well, but that cannot now be changed.

Not so Smart are not litigious at the moment, but they have six years to start a court case. All you can do now is ignore anything and everything you get except real court papers.

You should also complain to your MP about this unregulated scam.

Have you read the NEWBIES thread yet?

Never ever 'phone a parking scammer.

What happened when you complained to the landowner?

Umkomaas

What can I do next - I can't even appeal to Popla as I have been given no Popla number.

Complain to Steve Clark of the BPA (copying him in on any correspondence you've exchanged with Smart) and copy the complaint with attachments to the DVLA. Ask SC to investigate.

steve.c@britishparking.co.uk

ccrt@dvla.gov.uk

I feel very strongly that I should let them take me to the small claims court

They won't.

Castle

You need to send Smart a "Notice of rectification" under Article 16 of the GDPR to correct the incorrect personal data recorded by their machine:-
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/

Guys_Dad

Castle wrote: »

You need to send Smart a "Notice of rectification" under Article 16 of the GDPR to correct the incorrect personal data recorded by their machine:-
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/

Sorry, I don't get why OP should do this and not a SAR. (Probably my lack of understanding.)

Castle

Guys_Dad wrote: »

Sorry, I don't get why OP should do this and not a SAR. (Probably my lack of understanding.)

A SAR is essentially requesting a copy of the personal data held; it doesn't require them to correct any errors in it. (Of course you can send both at the same time).

Castle

Beeman01
Have you checked to see if the vehicle with the "wrong" VRN actually exists:-
https://www.gov.uk/check-vehicle-tax

Guys_Dad

Castle wrote: »

A SAR is essentially requesting a copy of the personal data held; it doesn't require them to correct any errors in it. (Of course you can send both at the same time).

I understand that but not what information should be corrected. If it is the registration number, then this seems an odd approach and would be laughed at. Their whole argument is that a vehicle with OP's reg was not paid for.

NGef

My husband has the same issue.
First time using the particular car park so unaware he had to put in his Reg.
Didn't have his glasses and keypad worn so put Reg in wrong but paid for an hour in good faith and was in and out of car park within 20 mins but got Penalty notice.
Appeal denied, Appealled again with POPLA code but got another letter today not even acknowledging POPLA appeal.
Need a good POPLA template to stop Smart Parking harassing us please!

Redx

NGef wrote: »

Didn't have his glasses and keypad worn so put Reg in wrong but paid for an hour in good faith and was in and out of car park within 20 mins but got Penalty notice.

no he didnt, he (or you) got a PARKING CHARGE NOTICE, sent to the KEEPER because not so SMART got their details on the cheap from the DVLA in Swansea