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binkybonk12
Posts: 6 Forumite
Hi, i recently went to Somerdale pavilion parkrun. when i went to buy my parking ticket i got 2 letters wrong ( i wear contacts to run, but struggle to see close up). i have been sent a PCN by smart parking for £60. i have appealed which they have rejected, although i can appeal to POPLA, however reading a few posts on here it doesn't seem that will work either. Any advice as £60 seems ridiculous when i have actually paid for my ticket, albeit having typed the wrong registrion.
thanks in advance.
thanks in advance.
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Comments
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Just how many have you read to reach that conclusion? Did you have your contacts in?however reading a few posts on here it doesn't seem that will work either.
The NEWBIES FAQ sticky, post #3 will guide you through compiling your POPLA appeal, but how it’s framed will depend on what you said in your initial appeal to Smart Parking. Can you post up a copy to enable us to advise further on that.
On the subject of getting a couple of digits incorrectly entered, you need to be aware of what POPLA themselves are saying about this de minimis error and quote their words back at them in your appeal.
Read pages 6 and 7 of the latest POPLA Annual Report:
https://popla.co.uk/docs/default-source/default-document-library/popla-annual-report-2018.pdf?sfvrsn=0Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
100% win awaited you at POPLA v Smart...unless you've already blabbed about driving.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
i don't have a copy of what i sent them,but basically just that i had keyed in the wrong number on the keypad & would they let me off?0
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Failure to enter a correct VRN is regarded by many judges as a trifle, unworthy of a claim for breach of contract, read this
https://en.wikipedia.org/wiki/De_minimis
[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.
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[/FONT]You never know how far you can go until you go too far.0 -
binkybonk12 wrote: »i don't have a copy of what i sent them,but basically just that i had keyed in the wrong number on the keypad & would they let me off?
So you told them the driver's identity thus throwing away a valuable PoPLA appeal point.
I'm not sure where you read that PoPLA won't work. Please tell us so we can get it corrected. The PoPLA ewults sticky thread gives you a whole raft of successes and failre. I believe the latter is greater than the former.
As afvise, use all the template pnts available to you from pist 3 of the NEWBIES.
These will normally include, but are not limited to
[STRIKE]No keeper liability[/STRIKE]
Not the landowner
No standing to issue charges
Inadequate signage
BPA CoP failures. (Read the latest version of the CoP so that you can quote the bit where it tells operators not to issue charges for a minor VRN typing error)
Do complain to the landowner and your MP. It might be worth asking the event organisers if they can help as well.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
I would still include no keeper liability and all the usual templates for POPLA, as Smart might well give up when they see it (post #3 of the NEWBIES thread has th links.
Or simply search the forum for Smart POPLA POFA and copy/adapt one.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
"sticky thread gives you a whole raft of successes and failre. I believe the latter is greater than the former."
Hopefully the other way round0 -
i've been looking through the COP, but i can't seem to find anything relating to telling operators not to issue charges for a minor VRN typing error. am i looking in the wrong place?0
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It's fairly new and is in the POPLA Annual Report 2018, I think.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
POPLA Annual Report 2018 Page 6:-
https://popla.co.uk/docs/default-source/default-document-library/popla-annual-report-2018.pdf?sfvrsn=00
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