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Popla appeal

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13

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  • Bpositive
    Bpositive Posts: 16 Forumite
    10 Posts
    Oops forgot to post T&Cs

  • Bpositive
    Bpositive Posts: 16 Forumite
    10 Posts
    But I didn't say I was the driver as I wasn't.
    Ah, you can win then, if that is the case!   Smart can't hold anyone but the driver liable so this wins at POPLA.

    I guess you received the PCN in your name as keeper?  Not addressed to someone else who is the keeper?

    And you must have ticked 'registered keeper' instead then, when appealing online to Smart?  Unless you appealed by post, you must have chosen one or other (online) in order to have the status to appeal.

    But don't make it sound like there was only you and your child in the car, in any complaint or appeal.
    I did it online as ticked registered keeper as I am the registered keeper. The PCN came in my name as the registered keeper (they get that info from dvla? Something like that written on the letter)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    So plan A , customer complaint to the retail park management , plus a POPLA appeal based on what I said earlier , as a keeper , no need to mention who was driving
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The T&C are horrendous  I am sure that no judge in the land would disagree. 

    Read what an Pete Wishart said about the in the HoC last year and complain to your own MP.

    "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.

    and this

    https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

    You never know how far you can go until you go too far.
  • Bpositive
    Bpositive Posts: 16 Forumite
    10 Posts
    Hi there, back here again to update. I haven't heard anything from the landowner. Do I still keep or remove the - no landowner authority in my appeal? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Always put the basics into any appeal

    No landowner authority
    Poor and inadequate signage
    The relevant CoP
    POFA if applicable

    Etc
  • Coupon-mad
    Coupon-mad Posts: 152,246 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why on earth would anyone remove a basic point that the NEWBIES thread says must go in all POPLA appeals?
    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
  • Bpositive
    Bpositive Posts: 16 Forumite
    10 Posts

    Update - "Smart Parking - EW have told us they do not wish to contest the appeal. This means that your appeal is successful and you do not need to pay the parking charge."


    Thank you everyone for your help 🙏.

  • Coupon-mad
    Coupon-mad Posts: 152,246 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 July 2021 at 4:14PM
    Easy as pie! 

    Now please help us and yourself by checking back 2 or 3 times in August to this forum, to join us in responding to the final Government Consultation.  Coming very soon.

    As a genuine near-victim of the £100 PCN extortionate system, you will no doubt have strong opinions on confirming that the MHCLG are right to reduce the lower level to £50 (£25 early discount) like Local Authority levels, to disincentivise the greed and penalty mentality shown by the industry since they blagged ‘keeper liability’ by misleading the Government in 2011.  
    Come back in August!  Take part please, we will be talking about the Consultation.
    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
  • Bpositive
    Bpositive Posts: 16 Forumite
    10 Posts
    Easy as pie! 

    Now please help us and yourself by checking back 2 or 3 times in August to this forum, to join us in responding to the final Government Consultation.  Coming very soon.

    As a genuine near-victim of the £100 PCN extortionate system, you will no doubt have strong opinions on confirming that the MHCLG are right to reduce the lower level to £50 (£25 early discount) like Local Authority levels, to disincentivise the greed and penalty mentality shown by the industry since they blagged ‘keeper liability’ by misleading the Government in 2011.  
    Come back in August!  Take part please, we will be talking about the Consultation.
    Will do! 😊
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