3 Parking Fines in a week for not entering full reg

Teasdale7

Hello I am sorry for posting if this is incorrect place to post but i have been unable to find anything close to my subject.

I use a car park regularly for my work, i always buy a ticket no matter how long i am there for as i know this particular car park i used can be very strict. Basically for some reason i've only entered half my reg on 3 occasions, and tbh i've done this a lot of times all over the country with no problem, i even have a previous ticket from this car park with half my reg and they never pulled me up on it? im just wondering why the sudden enforcement of rules now and if they had done it before i would have learnt from the error of my ways with the first one.

Last month i received 3 parking fines within 7 days from the car park ,stating i had over stayed my time i had paid, on all 3 occasions i had paid and i had more time than stated left on my ticket. I messaged Smart Parking thinking it was a genuine mistake and they messaged back stating even though they know i have paid and can see the evidence i had sent over that, i had broke their terms and conditions and was expected to pay £100 per fine totalling £300 as i hadn't entered in my full reg? So they stated a reason for overstaying allocated time and then have now switched to saying its due to me not putting in my full reg so its not a ticket for my van? considering they take a photo as you enter and leave its extremely easy to match up my ticket with my van as they have provided me with evidence that it is in fact my van.

Just wondering what i can do about this? i am about to write my popla appeal and would really appreciate a bit of guidance with how to deal with this matter as i do not want to pay £300 for something ive already paid for and used lawfully? ive called citizens advice but they were no help at all.

Only thing ive found so far is that no loss of earnings have occurred as i have proof of payment for each time ive used the car park two of which have multiple tickets which i have came out of work and paid extra. I have 4 days to launch my popla appeal I've been searching for anything to help me write it and i am struggling if anyone could help me with my appeal i would massively appreciate it !!!

Thanks

ADAM

Fruitcake

They are not fines. It looks like you have given them the driver's details which is a shame. What a pity you didn't come here first.

If you have appealed to Not so Smart, no matter how badly, you should now be in possession of three PoPLA codes. Appeal each one separately using all the template points available to you from post 3 of the NEWBIES. Post your draft appeal here for checking before you submit it.

Forget using loss as an appeal point.

PoPLA codes last 32 days, so you have enough time to do this properly now.

What happened when you complained to the landowner?

You should complain to your MP about this unregulated scam.

Forget CAB as far as private parking charges are concerned. They might be good at somethings, but are worse than useless on this subject.

The_Deep

IMO,entering a wrong VRN is not really a breach of contract, it is more akin to a typo, and typos can never be eradicated.

I remember noticing one at a Treaty signing ceremony in No 10 once. I had to correct it by hand, and ask the PM, (John Major), and the Indian President to initial it.

This Treaty had been checked and counter-checked by at least 20 people, and all of us had missed it.

I very much doubt that a judge would regard it as anything other than de minimis.

Complain to your MP as it is the will of Parliament that these scammers, (very often former clampers), 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.

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.

Teasdale7

Thanks for your reply !!!! Yes i have already replied to smart parking, I pretty much just thought they would see reason and throw it out considering they can blatantly see i have paid, as i provided tickets proving payment. I do have the 3 codes I've just been trying to gather information to write this next appeal, but I am just kind of struggling to find what points to bring up with POPLA as i kind of thought my loss argument was the way to go.

I've complained to the people who smart parking rent the car park off who's office is behind my work, they basically just said that theres signs so theres nothing they can do about it because there acting within their terms and conditions? There are signs but they don't have much in a way of rules and regulations on but nothing about liability if you don't put the correct reg.

thanks

Adam

Coupon-mad

Search for the words Smart POPLA. Pretend you never said who was driving, and copy a long POPLA appeal from a registered keeper.

I seem to spend my online life telling people to search the forum for the obvious keywords that will find what they need...!

Next time, NEVER write blabbing about the driver.

Teasdale7

I've just noticed on my letters i have been looking at the wrong date and i may be out of the 28 day period in which i can appeal, i was looking at the wrong date on the sheet. I'm looking through the threads but i cant seem to find anything which would be linked to my arguments is there a specific template that i can use to help write this? sorry for the stupid questions I just have no idea where to look nothing ive looked at seems relevant. t

hanks

Redx

POPLA allow up to 33 days to appeal, if its more than that then you wont be able to place a popla appeal at all

there are no templates for popla appeals, each one is bespoke, which is why you cannot find one (landowner complaints are bespoke too)

there ARE examples of popla appeals that other people have used previously, so you can use the search words above in bold and adapt one of those, but you wont find a pre-written one that you can just copy and paste - its not that simple

bear in mind that the chances are that YOUR arguments are neither here nor there, POPLA appeals are won on legal technicalities (loopholes) , usually where the claimant has failed procedures or contracts or signage etc (same as council notices)

POPLA routinely reject appeals based on incorrect VRM entry, whereas a judge may have a different view


you can read the report in the POPLA ANNUAL REPORT 2018

Parkingfines

If you have missed your deadline it's only smart parking so nothing to worry about

Guys_Dad

Smart Parking's income relies on motorists not following their t&c. You didn't so don't expect them to give up £300 out of the kindness of their hearts.

You write "Basically for some reason i've only entered half my reg on 3 occasions, and tbh i've done this a lot of times all over the country with no problem, i even have a previous ticket from this car park with half my reg and they never pulled me up on it?" Why on earth would you do that? It seems unfathomable to me. Once, I can accept but lots of times????

Anyway, you may have missed appeals to either the PPC or POPLA so sit back to await court papers. Luckily it's Smart so come back if you get a genuine Letter Before Claim, (not silly Debt Collector letters saying they may recommend action to their client)

And PUT YOUR FULL REGISTRATION IN next time !!

Coupon-mad

Your POPLA code would last until the small hours of day 32 through to day 33.

So, what's the date on the letter giving the POPLA code?

Teasdale7

I was 6 days out apparently, I got it around Christmas time few days before, they said it starts from the day that it is sent out, i tried to explain how i 100% didn't get it on the day they posted out as thats impossible but they wanted evidence of the day it came which i don't have.

On the plus side i found someone who can help me with my fight.

Has anyone heard of "Parking Enforcement Defence Solutions" ( Fair - Parking) before? they said they have had 100% success with defending this kind of case i have. They only want £45 to send them a letter that they think will stop it? Considering the company have forwarded it on too debt collection now after stating their only would be a £10 admin fee to each £100 one but are now asking for £500+ in total and have added £70 on top of each notice i think this £45 could be a good deal?


Many Thanks

ADAM