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SmartParking advice please

Jenny.W
Jenny.W Posts: 164 Forumite
First Post First Anniversary Combo Breaker
edited 20 January 2021 at 7:17PM in Parking tickets, fines & parking
So I received a PCN from this company on 13.1.21  Basically I went over by 15 minutes but this was because I had no more cash to increase my stay.  I appealed, as stated on the back of the PCN explaining this reason.  However today I came across the NEWBIES section on parking fines where it states you should use the template to dispute, however as I’ve explained in my appeal the reason for the overstay does it change anything?  shall I just now wait to see if the appeal gets rejected then go down the POPLA route?  Thanks for any advice
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 20 January 2021 at 7:02PM
    yes

    your main issue is if you have identified who was driving ?

    if yes, then POFA does not help you, whereas using the template would have protected you as a keeper , because Smart failed to comply with the law named POFA , giving you an easy painless win

    read what coupon mad posted in this thread 30 minutes ago


    ideally nip it in the bud with a landowner complaint and cancellation ASAP , or sooner

  • KeithP
    KeithP Posts: 39,219 Forumite
    Name Dropper First Post First Anniversary
    edited 20 January 2021 at 7:03PM
    Jenny.W said:
    Shall I just now wait to see if the appeal gets rejected then go down the POPLA route? 
    That's all you can do now.

    Start reading the third post of the NEWBIES thread to see how to construct a winning PoPLA appeal.

    Can you show us exactly what you wrote in your appeal to Smart? Redact your name and other identifying information of course.
  • Jenny.W
    Jenny.W Posts: 164 Forumite
    First Post First Anniversary Combo Breaker
    KeithP said:
    Jenny.W said:
    Shall I just now wait to see if the appeal gets rejected then go down the POPLA route? 
    That's all you can do now.

    Start reading the third post of the NEWBIES thread to see how to construct a winning PoPLA appeal.

    Can you show us exactly what you wrote in your appeal to Smart? Redact your name and other identifying information of course.

    Thank you.  Here is what I said.

    On the day in question I paid for 2 hours, however I needed to add some more time but I had no cash and due to COVID lockdown there was no one else around, plus I wouldn’t of been happy handling money from someone else.  Hence I went over.  I hope you can see this was a genuine error.  I attach a copy of my parking for the two hours.

  • Jenny.W
    Jenny.W Posts: 164 Forumite
    First Post First Anniversary Combo Breaker
    edited 20 January 2021 at 7:15PM
    For info, it’s not easy to drive back and take photos as the car park is about 75 miles away.  Also it was a plot of land (ie not supermarket parking).

    I have just read the post from couponmad.  I understand there must be frustration from people not reading the posts but I think it’s very daunting for people to receive fines and threatening letters and the whole process can seem a bit overwhelming.  Unfortunately I came across the advice after I had submitted my appeal.  I have tried to read what I can and it seems I now have to wait for the response to my appeal before going to the next step.
  • Umkomaas
    Umkomaas Posts: 41,920 Forumite
    First Anniversary Name Dropper First Post Photogenic
    So I received a PCN from this company on 13.1.20
    Is that date correct?
    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: 11,518 Forumite
    First Post Name Dropper First Anniversary
    Have you complained to your MP?
    You never know how far you can go until you go too far.
  • Jenny.W
    Jenny.W Posts: 164 Forumite
    First Post First Anniversary Combo Breaker
    Umkomaas said:
    So I received a PCN from this company on 13.1.20
    Is that date correct?
    Sorry my error, I have corrected it.
  • Jenny.W
    Jenny.W Posts: 164 Forumite
    First Post First Anniversary Combo Breaker
    Playing devil’s advocate here, how do we win if, like myself, I didn’t put enough money in to cover my stay? 
  • Umkomaas
    Umkomaas Posts: 41,920 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Jenny.W said:
    Umkomaas said:
    So I received a PCN from this company on 13.1.20
    Is that date correct?
    Sorry my error, I have corrected it.
    That's good, so on track to go through the appeals' processes. 
    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
  • KeithP
    KeithP Posts: 39,219 Forumite
    Name Dropper First Post First Anniversary
    Jenny.W said:
    Playing devil’s advocate here, how do we win if, like myself, I didn’t put enough money in to cover my stay? 
    Please save your questions until after you have read that third post in the NEWBIES thread. A lot of your questions will be answered there.
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