POPLA just refused my appeal

slambden

Hi all, wish i'd found this site before my appeal but I'm hoping you might be able to help me now.

The medical centre that is home to my GP has a car park operated by Smart Parking. Parking is free for appointment holders but you are required to enter the car reg number on a terminal in the general reception.

I had an appointment in December, used the car park and entered my car reg. I wasn't happy that it had taken the info so spoke to the receptionist in the surgery and was advised to use the machine there. I did this and was told my reg number was verified.

In January I received a penalty charge notice, which i appealed. Smart parking declined the appeal and I then appealed to POPLA sending them proof of my appointment time and status.

I learnt today that they have rejected my appeal, they say that the onus was on me to make sure that i complied with the terms and conditions of parking and if i suspected the terminals weren't working I had time to vacate the car park and park elsewhere.

To say I am angry is an understatement. I also feel completely shafted. I have no way of proving that i complied with the terms even though I did. I really, really do not want to pay the £100 fine as I feel i haven't done anything wrong.

What do i do now?

Redx

you complain to the landowner for a start , the PRACTICE MANAGER , which you should have done at the beginning, and at least get them on your side , in writing , but also telling them to cancel this pcn due to the NHS guidelines and the fact that the vehicle was registered by reception, so they are at fault and are responsible for their contractors behaviour


https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

and SMART have 6 years to send out an LoC and/or an MCOL N1 form

meanwhile , IGNORE the debt collector letters

Coupon-mad

Simple, complain and complain more, to the NHS trust and/or GP Manager.

Next time come here first and don't appeal blabbing about who was driving. Smart Parking are 100% beatable, easy as pie, if you know how. No POPLA needed.

Half_way

Do Not mention in your complaint to the practice anything about POPLA the state of your challenge at POPLA is between you, the parking company and POPLA and no one else ( unless you choose to share the info as on here)



Secondly, its not a fine.


In your complaint letter/email you need to state that:


You entered a registration number as requested, and the system verified/accepted it, if the registration number was incorrect then it should have been rejected ( we all know that hat set up wouldn't make money)



You need to remind them that they are responsible for the actions of their agents, and this is further re-enforced via the NHS parking principles ( as linked to above) .


post your complaint to the practice here before sending it

If they state some nonsense about POPLA and they can no longer help, you need to state that the POPLA/so called appeals service has nothing to do with the parking principles, and that the NHS practice can instruct their agents to cancel/withdraw permission for them to pursue this matter, even if court papers have been issued, irrespective of what misinformation the parking company has told the practice.


You could also FOI the practice to see if they comply with the parking principles linked to above

slambden

Hi, thanks for all your replies. How does the following sound for a complaint to the practise/NHS

I parked in the patient car park at Havant Health Centre on Thursday 20th December for a routine visit to my GP. I have a chronic health condition and I visit the surgery for regular monitoring. When it is available I use the health centre car park and am fully aware of the requirement to enter my registration details on the terminal in the reception area.

I used the terminal in the general reception but was not sure it had registered and after speaking to one of the receptionists in the GP’s surgery I used the terminal in the practice.

I received a parking charge notice from Smart Parking in January. I explained the circumstances but they are still pursuing me for a £100 fee. I am writing to request that you ask them to cancel this unfair charge as per government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles]. You are responsible for the actions of the private contractors who run this car park on your behalf and I feel that they are engaging in rogue practice in trying to extort monies from me.

I registered the vehicle in the surgery reception, as directed by an NHS staff member and therefore I have fulfilled my obligation to the terms and conditions of parking in the area. Smart Parking have not suffered any financial loss and I was fully entitled, as a patient with an appointment at the Health Centre, to use the car park

Coupon-mad

Perfect.

steve1500

Just to be a slightly pedantic.


GP Practice staff are not NHS staff