Losing POPLA stage - not the driver

s1009

Please could I ask for some advice. I've read through the newbie FAQs and it was really helpful for my appeal and POPLA appeal, and I've read as much as I can on this forum but this is the first time I've posted - please just let me know if I can't post this here or whether this has been answered before.

Edited to remove details.

Thanks so much for your help guys.

waamo

They can hold the registered keeper liable as long as they adhere to the strict criteria laid down in POFA. Are they using POFA?

It would help to know POPLAs rationale for declining the appeal.

I don't think anyone here would advocate paying it unless you lost in court.

Half_way

Who's car park was it?
why are you thinking of even paying their ridiculous demand?

Fruitcake

Ignore anything and everything from now on except real court papers.

Complain to PoPLA about the decision as the scammers have failed to allow more time for a disabled motorist (passenger in this case) which is a breach of the BPA CoP and the Equality Act 2010.

Complain to the BPA as well.

You should also complain to your MP about this unregulated scam and EA breach.
I would also contact local and national press. The Daily Mail especially like this sort of story.

Nobody here would suggest you pay a bunch of disgusting scammers, and will help you every step of the way if this goes to court, which personally I think is unlikely, especially once you start kicking up a stink.

MistyZ

Hi there.

Sounds like something may have gone awry with the appeals. Smart often give up straight away when they see the standard appeal (in blue text in the Newbies' thread FWIW) and, although nothing is guaranteed, I'd have thought you'd most likely win at POPLA. Wondering whether you inadvertently selected 'driver' when first appealing to SMART?

Without checking I'm not 100% sure, but I think it's unlikely that SMART will take this to court. Check out other threads about this company to get up to speed on all this. However they do have 6 years to do so and PPCs' behaviour can change over time.

I think you would have a very good chance of winning at court if it came to that.

However, although it's a little late for a landowner complaint, that may be worth trying. I'd try for sure. Where is the car park? Does it serve a retail outlet? An attraction of some sort? You would complain, insist on cancellation, refer to the EA 2010 and include a doctor's letter. Go down that route ASAP if possible.

waamo

Although late in the day a landowner cancellation is always an option. It's worth a shot at getting one.

s1009

Thanks so much for your replies - I'll be actioning these this afternoon and I'll have a read up about SP. I wouldn't mind if it was legit and I'd messed up but they're like wolves!

It is a car park which is owned by a hotel, which is near a train station. Because it was Saturday lunch time it was ridiculously busy and they only give you ten minutes from the second you enter the car park to leaving. I contacted the hotel direct but they said they only get involved if it is their guests and I would have to take it up with SP.
I was told by SP because it is private land they don't have to make any reasonable adjustments for disabled people. I wasn't sure if me refusing to name the driver would make me at fault and whether I would need to name him at a later stage.

MistyZ

So anyone can park in the car park, not just guests? Is that correct?

As for EA2010, I think SMART were being economical with the truth. Read Coupon-mad's post (post 7) on here:

https://forums.moneysavingexpert.com/discussion/6026068ea+2010+reasonable+adjustments

waamo

Don't have to make reasonable adjustments! The lying bar stewards. Send a copy of that with your complaint to your MP.

s1009

Anyone can park in the car park, yes. Thank you for the post - I'll have a read.

I just had one further question, if I may. At what point do you think I should admit who was the driver? Should I continue to refuse to say who was driving in regards to complaining to the landowner/MP/BPA etc?

The_Deep

Have you read this

https://equalityhumanrights.com/en/advice-and-guidance/what-are-reasonable-adjustments

In my opinion cancellation would be a reasonable adjustment, read what Pete Wishart MP said recently in the House of commons 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."

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.