Unable to leave parking lot - would you challenge PCN?

winther

In December I went to Greenwich Shopping Park. As I entered the car park at 3pm, it wasn't massively busy and I easily found a spot.
I came back 2.5 hours later - 30 minutes before free parking expires - and it was mayhem. No cars were moving and there was a queue snaking all the way around, people shouting at each other and lots of anger.
I had no choice but to join the queue - 55 minutes, and about 150 meters later I managed to exit.
Turns out this car park has a serious design flaw where several pathways leads to just one traffic light controlled exit. I'm sure the issues related to this car park can easily be proved and verified if needed.
If you scroll through these Google reviews, you can see it happens often. Some even spent 2 hours getting out.
https://www.google.com/search?q=gree...06f8c7f24903,1,,,
Few days later I get a PCN from Smart Parking for overstaying 26 minutes. I appeal and it's quickly rejected as "terms & conditions are clearly stated on site"
I now have the option to appeal to POPLA, but if they reject it I lose the discount option.
It's insane to ask me to pay as this was no fault of my own. Much like breaking down in a car park, I just couldn't move. What are your thoughts?

Redx

my thoughts are

did you use the blue text appeal template from this site (in the newbies sticky thread ) ? ( plan B )

did you reveal who was driving ? I hope not as its an easy win for a keeper

have you followed plan A first of complaining to the managing agent ?

plan C is your popla appeal within 30 days of the date the code was generated

Umkomaas

Please tell us you didn't expose the identity of the driver in your appeal to Smart? Let's see your initial appeal - verbatim. 

beamerguy

You will not be alone in that car park. Finding out who the landowner is and complaining to them requesting cancellation.
Also go your local media, they love parking scammers like Smart.

You have been captured by ANPR cameras proving once again they are useless.
You need to prove to POPLA what you are saying but, POPLA have sunk into the sewers of late and we doubt they have the intelligence to understand.

If POPLA fails you, it really is no problem as Smart are all mouth and no trousers and more often than not they pull out ....... after going through their idiot mates to try and scare you.  Those idiot mates by the way are called DRP.

Prove what you saying and it's straight run for you and if it goes to court, you can claim costs against them

BrownTrout

you say parking lot
Which American state did this happen in?

Fruitcake

The Mugs discount is for Mugs.

Please answer the question concerning whether you blabbed about the driver's identity.

Yes to PoPLA if the landowner refuses to cancel. You have complained to the landowner haven't you, or as many store managers/CEOs as were visited, as well as ones that weren't?

winther

Thanks for the response.
I filled in the challenge online but never got an email confirming I submitted it and the text submitted. So I don't have the original letter and not entirely sure if I revealed my name.
I will go the route of complaining to the landowner if I can figure that out
Will start here and see if there is any reaction: info@greenwichshoppingpark.co.uk

beamerguy

BrownTrout said:

you say parking lot
Which American state did this happen in?

Don't let covid take you over BT thousands of Americans live here

Fruitcake

BrownTrout said:

you say parking lot
Which American state did this happen in?

Perhaps they meant a lot of parking, as that seems to be the reason for issuing the PCN.

I know that not everyone is good at spilling and grammar, but meter instead of metre is another of my pet hates.

winther

ah, I'm Danish and seem to have some American influence:)
Anyway - even if I revealed that I was behind the wheel, wouldn't a situation like this , which is completely out of my control, be taken into account in a court case? I realise I need evidence - that would be proving that the car park as a serious design flaw resulting in customers sitting 1-2 hours in their cars as they are attempting to leave - this shouldn't be too hard to prove, as it must have happened to 1000s of people

Redx

If you are taken to court then yes 

We are trying to avoid that due to an England and Wales law called POFA 2012 , because Smart always fail to comply with this law so can only chase a driver , if known. The problem is not if they know your name , they already know that from their DVLA database search. The problem is if your language revealed who was driving

You came here for advice , possibly too late for us to assist , because you would have been told to appeal as a keeper and not reveal who was driving , this would probably have resulted in a cancellation by Smart , so I think you did reveal who was driving and so lost the POFA protection in the process and is why they replied in that manner and with a popla code , treating you as a naive numpty

So a popla appeal by a driver should major on no landowner authority and poor signage , plus frustration of contract due to an extremely busy car park causing long queues to leave

Welcome to our world , in England !!!  Lots to learn eh ?