POPLA appeal mistake on number plate

Bobsmarsh

Hey all,

I have just a letter from Smart Parking rejecting my first appeal and giving me details of POPLA. I am planning on appealing on the basis that I entered the reg plate wrong and put a i instead of a 1. I have seen previous posts saying to request a redacted list of number plates entered at the date and time of the PCN, have I missed my chance now the initial appeal has been rejected?

Also I parked there at the same time as my mum in a different car and she still has her parking ticket which I can send as evidence, will they take much notice of this do you think? We entered, bought tickets, and left at roughly the same time.

TIA

Redx

no not too late , you can still email a SAR, but the reply may not come before the popla deadline

was the driver revealed in the initial appeal ?

or was the blue text template used as KEEPER (not driver) ?

Coupon-mad

I am planning on appealing on the basis that I entered the reg plate wrong

What, and throw away the 100% slam dunk DEFINITE win that awaits a keeper who doesn't say who was driving? Or is that cat already out of the bag?

KeithP

Bobsmarsh, I am sure your second sentence meant to say:

I am planning on appealing on the basis that for some inexplicable reason the ticket machine recorded the reg plate wrong and put a I instead of a 1.

Coupon-mad

Or even better, ''I am planning on appealing that Smart don't use the POFA...''

Slam dunk win, as long as the first appeal didn't blab about who parked/paid.

Appealing about a keying error, WILL LOSE.

Bobsmarsh

It was a hire car and Hertz revealed the driver unfortunately. So is it not worth appealing on this basis?

nigelbb

Bobsmarsh wrote: »

It was a hire car and Hertz revealed the driver unfortunately. So is it not worth appealing on this basis?

Hertz did not reveal the driver. How could they? They named the hirer.

Umkomaas

nigelbb wrote: »

Hertz did not reveal the driver. How could they? They named the hirer.

As an adjunct to this, many hire companies allow a second driver to be added free of charge (take the driving licence of the second nominee to add them), this would be a further hurdle for a PPC to get over if trying to pin the driving on the hirer.

The_Deep

Hertz have no way of knowing who was driving, they were not there.

Theses wrong VRN claims for breach of contract are regarded by many judges as trifling and likely to be thrown out if the PPC is daft enough to try a claim.

https://en.wikipedia.org/wiki/De_minimis

Nine times out of ten they are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
https://en.wikipedia.org/wiki/De_minimis

Bobsmarsh

okay. So in the initial appeal to Smart Parking I did not say 'I' at any point in reference to being the driver but did say 'we'. Have by admitting I was present at the time of the PCN scuppered my chances?

Le_Kirk

Bobsmarsh wrote: »

okay. So in the initial appeal to Smart Parking I did not say 'I' at any point in reference to being the driver but did say 'we'. Have by admitting I was present at the time of the PCN scuppered my chances?

No, you could have been a passenger in the car.