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Tower Road, Newquay - POPLA Appeal rejected - Where do I go now?!

2

Comments

  • S14DMF
    S14DMF Posts: 10 Forumite
    First Post
    Umkomaas said:

    Basically, what are my options now then? Do I just ignore it or can I approach someone else?

    Pay or ignore. Defend in court if necessary - unlikely given that it's Smart Parking, but never say never, they have 6 years to pursue via litigation ..... and all PPCs are feeling the Covid income drain. 
    Are Smart Parking not know to persue via the courts then? If it does go to court, what happens I just pay the full £100 fine or do I get to put my case across and contest with some ACTUAL common sense? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 30 September 2020 at 4:21PM
    Seems to me you admitted to being the driver and overstaying

    So as Umkomaas says , it's pay in full or ignore for 6 years unless they issue a court claim

    You are looking for a magic bullet , there isn't one , apart from plan A , not plan B or C or D

    A landowner cancellation
  • Umkomaas
    Umkomaas Posts: 43,618 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    S14DMF said:
    Umkomaas said:

    Basically, what are my options now then? Do I just ignore it or can I approach someone else?

    Pay or ignore. Defend in court if necessary - unlikely given that it's Smart Parking, but never say never, they have 6 years to pursue via litigation ..... and all PPCs are feeling the Covid income drain. 
    Are Smart Parking not know to persue via the courts then? If it does go to court, what happens I just pay the full £100 fine or do I get to put my case across and contest with some ACTUAL common sense? 
    In 2019, from over a third of a million tickets issued, Smart pursued 8 cases through the courts. 

    If they issue court proceedings, you have the opportunity to defend yourself. Maximum at stake if you lost at court would be £200 which includes the £100 parking charge. 

    Given past court performance - do the math!
    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.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If it goes to court and you lose there will be extra costs, 

    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.


    You never know how far you can go until you go too far.
  • S14DMF
    S14DMF Posts: 10 Forumite
    First Post
    Redx said:
    Seems to me you admitted to being the driver and overstaying

    So as Umkomaas says , it's pay in full or ignore for 6 years unless they issue a court claim

    You are looking for a magic bullet , there isn't one , apart from plan A , not plan B or C or D

    A landowner cancellation
    Ok I thought as much, wish I saw this forum first! 

    Umkomaas said:
    S14DMF said:
    Umkomaas said:

    Basically, what are my options now then? Do I just ignore it or can I approach someone else?

    Pay or ignore. Defend in court if necessary - unlikely given that it's Smart Parking, but never say never, they have 6 years to pursue via litigation ..... and all PPCs are feeling the Covid income drain. 
    Are Smart Parking not know to persue via the courts then? If it does go to court, what happens I just pay the full £100 fine or do I get to put my case across and contest with some ACTUAL common sense? 
    In 2019, from over a third of a million tickets issued, Smart pursued 8 cases through the courts. 

    If they issue court proceedings, you have the opportunity to defend yourself. Maximum at stake if you lost at court would be £200 which includes the £100 parking charge. 

    Given past court performance - do the math!
    Ok good stats I guess..... Am I potentially just facing 6 years of bombardment by debt collectors? 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IME they tail off after seven letters.  
    You never know how far you can go until you go too far.
  • S14DMF
    S14DMF Posts: 10 Forumite
    First Post
    D_P_Dance said:
    IME they tail off after seven letters.  
    7 🙈
  • Umkomaas
    Umkomaas Posts: 43,618 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Am I potentially just facing 6 years of bombardment by debt collectors? 
    There'll be an initial flurry (6 months), then they usually go quiet. If you respond to any of them, it serves only to awaken their interest in you and they will 'up' the pressure. Under no circumstances phone them, there is nothing you can say, or write (other than a cheque) that will shake them off.   Sometimes they give it another bash nearer to the 6 year statute of limitations date. 

    But we are in unprecedented times - and nothing is predictable about a starving predator.
    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.

    Private Parking Firms - Killing the High Street
  • Castle
    Castle Posts: 4,947 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Redx said:
    Seems to me you admitted to being the driver and overstaying

    So as Umkomaas says , it's pay in full or ignore for 6 years unless they issue a court claim

    You are looking for a magic bullet , there isn't one , apart from plan A , not plan B or C or D

    A landowner cancellation
    No in fact the Driver left before the ticket expired; the problem was that it took 13 minutes to pay for the ticket using RingGo. Of course this all assumes that the ANPR camera clock had been synchronised with that of RingGo to begin with.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    than they must account for that aspect to a judge , in court , if it gets that far

    Smart are alleging its an overstay, so thats the part I meant , the more important issue was the keeper / driver admitted to being the driver, losing POFA anonymity in the process. a no comment option would have been better, as it is for all SMART parking cases
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