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Private parking fines

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  • Ranksruby
    Ranksruby Posts: 9 Forumite
    Third Anniversary Name Dropper First Post
    Hey we have taken photos of everything how we can't get to the car parking areas any other way, statement from my client etc unfortunately though the landlord said there was nothing he could do just fight it in court if we have to. He owns my clients house as he rents but the car park is his property.  I will definitely need you guys if Popla say it cannot be disputed. Wish I had come on here before. Thanks guys
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 July 2020 at 9:56AM
    When you say meters, do you mean pay stations or do you mean just cameras.
    The landlord can easily tell Smart to cancel. It sounds like he is on a kick back.
    So you drive through this car park to another.  Are there parking restrictions where you stop to walk the dog ?   Can show show us the pictures of the signs
  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In your appeals to both Smart and POPLA, was there any identification of the driver - like 'I drove', 'I parked' etc?

    Did you use identical appeals for every ticket?

    If so, could you please post up a copy of your initial appeal and your POPLA appeal for us to see what's been said and if there are any escape routes not already closed off. 
    Please 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.

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  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 24 July 2020 at 11:14AM
    11 tickets .... yes you might well win in court, with this forum's help, but ideally you need them cancelled now.

    You need to get up to speed with the details, start by answering all the questions you've been asked so far.   And are you the Registered Keeper of the vehicle?  Do not mention who was driving here, it would be best to go back and edit out any identification of the driver - it was 'the driver' who drove through the car park, purely and simply.

    The landowner is trying it on in my opinion.  You have asked them to cancel hugely unfair parking charges and they just cannot be bothered.  If everything you say about the circumstances is accurate, they must know very well that their stinking car park is a honey trap for Smart Parking.  

    Despite everything you have on your plate at the moment, please find time to write another very thorough and assertive complaint to the landlord.  Do not be impolite, tempting as it may be, but absolutely hammer home the message that the position of the car park is effectively a trap, that you risk losing a great deal of money which you can ill afford,  that it is extremely stressful for you, that you have done nothing wrong.  And also, importantly, that they do have the wherewithal to cancel the tickets and stop this nightmare now.

    The best time for a landowner cancellation is before appealing to POPLA.  However I think that it is still easy for the landowner prior to a POPLA decision.  But in any case, just get writing straight away and stay strong, don't be intimidated by anyone.
  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    If you have to pass through a car park to access a residential property and thus incur a charge, how do the people that live there access the property?And their guests, visitors, the milkman, tescos shoping deliveries, postman pat, interflora etc etc?
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    edited 24 July 2020 at 11:43AM
    I meant the landowner of the place where the PCNs were issued, not the land where the client being visited lives, if that is different.

    As already asked, did you blab about the driver's identity. The dates you gave for the first PCN means the keeper cannot be held liable, so an easy win at PoPLA as long as nobody told the scammers who was driving.


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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Show us a map 
    Show us your POPLA appeal. We've not seen them.
  • Ranksruby
    Ranksruby Posts: 9 Forumite
    Third Anniversary Name Dropper First Post
    Hey guys thank you for your replies will be back on this evening or in morning. Appeals are already at Popla but will still need advice if disputed . I should have come on here sooner the knowledge that you all know
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    We could really do with seeing the POPLA appeal Ranksruby.  It won't jeopardise anything - the more the regulars know, the better.  

    I'm a shameless broken record: Landowner complaint round 2 required!!  
  • Coupon-mad
    Coupon-mad Posts: 152,015 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ranksruby said:
    Hey yes we have appealed them all separately through Smart Parking now to Popla. We got them all through the post the first one where we was allegedly parking in their space was 12th June and the notice that came through the door was dated 6th July. 
    Why did you appeal before you came here?

    Oh God you've admitted to driving too, haven't you?
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