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Do I Appeal to Popla or pay??

Received PCN for twenty minutes as no machines where working in carpark I then left, I have appealed but did identify myself in the appeal to smart parking which I just rushed and never sought advice now I can go to popla but smart parking stated there was an option to pay via ring go I did not see any signs for ring go they are all along the back wall if cars were parked you would not see them. Any advice please picture in the comments of how far the signs are on the back wall! Thanks

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February 2021 at 3:20PM
    Do I Appeal to Popla or pay??

    You appeal to PoPLA following the guidance offered in the third post on the NEWBIES thread.

    Can you please show us exactly, word for word, what you sent in your first appeal to Smart Parking?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No picture
    Have you read the newbies thread on POPLA appeals?
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February 2021 at 3:31PM
    Received PCN for twenty minutes as no machines where working in carpark

    If you cannot pay, you cannot enter into a contact.  If there is no contract there cannot be a breach of contract.  Read this and complain to your MP.  You might not win at PoPLA, but, OTBOP,  you argument is very likely to find favour with a judge so do not be afraid of going to court.

    https://uk.practicallaw.thomsonreuters.com/4-107-6271?transitionType=Default&contextData=(sc.Default)&firstPage=true
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 February 2021 at 7:07PM
    OMG you've appealed as driver and ruined your 100% winning point, haven't you?  So frustrating.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I just paid it the end but will definitely know how to appeal next time, unfortunately I looked for advice after appealing! 😢
  • I just paid it the end but will definitely know how to appeal next time, unfortunately I looked for advice after appealing! 😢
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Oh no!  There's never any need to pay Smart. Where was the car park, not in Scotland per chance?
    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
    edited 7 February 2021 at 6:14PM
    You Paid,  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.
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