Appeal rejected by POPLA - what now?

the_franchise

Hi all,

I recently got a parking fine from Smart Parking, and foolishly appealed it without checking here first. The appeal I submitted was flimsy at best, and if anyone wants a good laugh, they can check POPLA's response at the bottom of this post.

Anyway, I want to know what options are available to me now. Can anyone help? I'm nervous about ignoring the fine altogether, as I'm sure they'd pass it on to a debt collector.

Apologies if this has been answered a million times elsewhere - I've read through a heap of threads and posts, but can't find anything that relates to my problem.

Thanks a lot!

***

Decision Unsuccessful
Assessor Name Jamie Macrae
Assessor summary of operator case
The operator issued a Parking Charge Notice (PCN) to the appellant due to either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted.

Assessor summary of your case
The appellant states they paid for two hours parking using Ringgo. The appellant says it was cheap so they had no reason not to pay. The appellant says they paid for more time that they parked.

Assessor supporting rational for decision
I am satisfied that the appellant is the driver and as such, will be considering their liability for the PCN. The signage at the site states: “Parking Tariffs Apply. Per hour £1.10… Motorists must enter their full, correct vehicle registration details when using the payment machine… Failure to comply with the terms and conditions may result in a Parking Charge of £100.00…”. The operator uses cameras to capture the registration number of cars entering and exiting the car park. I have checked the photographs, and I can see from the timestamp the appellant was at the car park for one hour 59 minutes. Having reviewed the photographic evidence provided by the operator, I am satisfied there are sufficient signs placed at the entrance and throughout the site displaying the terms and conditions offered with a helpline number to use if a motorist needs assistance. The operator issued a PCN to the appellant due to either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted. The appellant states they paid for two hours parking using Ringgo. The appellant says it was cheap so they had no reason not to pay. The appellant says they paid for more time that they parked. The appellant has stated they paid for two hours parking; however, the appellant has failed to provide any evidence to support this. Therefore, I can only base my decision on the evidence provided to me by the operator. The operator has provided a system print out, which shows that a payment for one hour was made. I do not dispute the appellant made a payment; however, insufficient time was purchased to cover the duration of their stay. It is the duty of the appellant to ensure that when they have entered a car park that they have understood the terms and conditions before deciding to park. On this occasion by remaining parked at the site the appellant accepted the terms and conditions. As they did not purchase sufficient parking time, they did not adhere to the terms and conditions. As such, I conclude that the operator issued the PCN correctly.

Redx

They will definitely pass to a debt collector , then they may try Court within 6 years

It's either pay in full or fight

There is no magic bullet, so stop looking for one

If the correct time was paid for, then hopefully the judge will find for you

The only reason to pay is if a judge says so, in Court

The_Deep

These are not fines, they are private invoices for the damage the PPC alleges they suffered when, allegedly, you breached a contract they allege you had agreed with them, we call them scams. They only need to be paid if a judge so directs,

As nine times out of ten these tickets are scams 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.