SmartParking advice please

nosferatu1001

I think its a lesson that when something happesn to you, the chances are it has happened to someoen else, meaning there's probably a website all about it. 
If you do this in yuor husbands name, it could point out he was an occupant (I paid for) yet someone else was driving. 

Jenny.W

nosferatu1001 said:

If you do this in yuor husbands name, it could point out he was an occupant (I paid for) yet someone else was driving. 

I don’t understand this comment?

Jenny.W

Coupon-mad said:

Jenny.W said:

The PCN letter was addressed to my husband  as he’s the registered keeper

And if you appealed in his name as driver, then you threw away his 100% win. 

So darn frustrating.  Such a flipping easy one for a keeper to win. 

We are not angry with you but come here FIRST!  

HIS 100% WIN IS IN THE BIN AND HIS CHANCES ARE NOW NO BETTER THAN ANY OTHER CASE.

 
But I should still go down the POPLA route?  Husband as the keeper and driver?

Redx

Jenny.W said:

nosferatu1001 said:

If you do this in yuor husbands name, it could point out he was an occupant (I paid for) yet someone else was driving. 

I don’t understand this comment?

They are saying that he could have been a passenger and you were the driver , so he could have been present and paid , even if you were driving , it's a reasonable assumption , even if not true , because most cars have 4 or more seats and usually at least 2 seats anyway

If and or when you get a popla code , draft a popla appeal based on what I said earlier but include POFA as well , it's for not so Smart to prove their case , so you won't be helping them to do so

Until you get a reply in his name , possibly in his email address inbox or spam folder , or by post , wait , sit on your hands , follow our advice to the letter , no jumping the gun in future , you are not alone , this is like Mumsnet but for private parking charges

nosferatu1001

Jenny.W said:

nosferatu1001 said:

If you do this in yuor husbands name, it could point out he was an occupant (I paid for) yet someone else was driving. 

I don’t understand this comment?

You do not appear to have stated your husband drove; its just an inference. You can do a POPLA appeal where it is stated the appelannt - your husband - was not the driver but merely a passenger who paid for parking. Its a stretch but reflects the truth quite well
If they have not met the requirements of keeper liabiltiy, then a keeper who was not the driver has a win at POPLA

Ralph-y

As stated earlier .... your best course of action was and still is plan A

you need to find out who owns the car park .... what is the address?

Ralph .

Jenny.W

nosferatu1001 said:

Jenny.W said:

nosferatu1001 said:

If you do this in yuor husbands name, it could point out he was an occupant (I paid for) yet someone else was driving. 

I don’t understand this comment?

You do not appear to have stated your husband drove; its just an inference. You can do a POPLA appeal where it is stated the appelannt - your husband - was not the driver but merely a passenger who paid for parking. Its a stretch but reflects the truth quite well
If they have not met the requirements of keeper liabiltiy, then a keeper who was not the driver has a win at POPLA

We were both out together and yes I was driving .   My husband is the registered keeper and I appealed to the PCN in his name as it was addressed to him.  

Car park is Church Street, Amesbury.  I have googled it and on the Amesbury Town council webpage it says:

- Church Street Car Park is owned, maintained and enforced by Smart Parking”

Jenny.W

They have a Facebook page and I’ve just read this post from December:

Handy tip! The Smart Parking system gives all users 10 minutes grace if their parking overruns - if you overstay longer then simply 'top up' the time purchased sufficiently with an extra ticket before you leave - and you won't receive any additional charges.

Redx

I think the council are wrong , Smart won't own the car park , if it was council then their CEOs would patrol it , Smart are a private contractor and extremely unlikely to own any car parks at all , more likely that they are contracted by the landowner

Anyway , your appeal as him is not false as he was a passenger , so a well thought out popla appeal will concentrate on no keeper liability as Smart don't know who was driving and Mr husband won't be telling them , his appeal will state that he was not driving and so no keeper liability applies to him because Smart have not complied with the law

You will keep quiet about the matter , capiche ?

Ralph-y

this might help

https://www.autoyas.com/GB/Amesbury/251339665514923/Church-St-Car-Park%2C-Amesbury 

Ralph