POPLA appeal mistake on number plate

The_Deep

Read what Pete Wishert, MP said in the House of Commons recently about Smart Parking.

"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."

Coupon-mad

Easy then, and you've been told how to win it at POPLA.

Search for Smart POPLA no hirer liability POFA and copy one.

Guys_Dad

I am surprised that you have not been referred to the following from the POPLA report re a letter from the BPA to their members on simple miskeying mistakes. See page 7 here https://popla.co.uk/docs/default-source/default-document-library/popla-annual-report-2018.pdf?sfvrsn=0

I would make sure this was quoted both in any appeals to the PPC and, of course, POPLA.

Bobsmarsh

I have been reading through all these things and have just confused myself even more so it might be easier to just go through how it stands at the moment.

The PCN is from 03/05/2019
Smart Parking sent a letter to Hertz on 16/05 which was then sent to me via email 03/06
Hertz named me as the hirer and the PCN was re issued in my name this arrived as was dated 11/06
I have appealed stating that a ticket had been bought for the time that we were there and there must have been an error
I received a letter from them on 26/06 rejecting my appeal and saying that no payment was made for the correct VRM, and that there is clear signage saying the VRM must be correct blah blah

There seem to be a number of different options for the POPLA appeal and I don't know which way to go.

thanks for all the help

Guys_Dad

Bobsmarsh wrote: »

I have been reading through all these things and have just confused myself even more so it might be easier to just go through how it stands at the moment.

The PCN is from 03/05/2019
Smart Parking sent a letter to Hertz on 16/05 which was then sent to me via email 03/06
Hertz named me as the hirer and the PCN was re issued in my name this arrived as was dated 11/06
I have appealed stating that a ticket had been bought for the time that we were there and there must have been an error
I received a letter from them on 26/06 rejecting my appeal and saying that no payment was made for the correct VRM, and that there is clear signage saying the VRM must be correct blah blah

There seem to be a number of different options for the POPLA appeal and I don't know which way to go.

thanks for all the help

Read my previous post and act accordingly. You can add other appeal points of course but please major your POPLA appeal on the link I sent you.

MistyZ

Bobsmarsh wrote: »

I have been reading through all these things and have just confused myself even more

Well basically you copy a 'Smart No Hirer Liability' POPLA appeal. And add the point about keying errors which Guys Dad thinks should be your Number 1 section.

When copying a POPLA appeal, do proof read it minutely. There could be details that refer specifically to a different parking event and are not relevant to the one you're posting about.

Bobsmarsh

I got an email from POPLA today, "Smart Parking - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge."

Thanks for all your help! now that's done can I get my admin fee back off Hertz?

Redx

Yes, you should definitely insist on that refund because they should not have taken it

Well done on sticking with the advice on here and following it, the regulars here know what they are talking about with regards to pofa and hirer liability etc

You are lucky it wasn't a pofa compliant company which issued the PCN making it harder for you