4 different Fines in a row Smart Parking Ltd

helpmepls1

Hi everyone,

first of all i’d like to send thanks for this forum! Unfortunately, I have come across it after submitting appeals to smart parking following the first letter. I havent heard back re appeals yet but I will be in touch to check my draft out. 

I parked in a car park and paid for a hour and i stayed in the car park for 1.5hrs, I was going for the “not actually parked that full time” approach. I have got fines for doing the same thing 3-4 weeks on a row, I didnt realise this was wrong until I had already done it all these weeks so Ive ended up with fines not even thinking i was doing something wrong!! Annoying. 

The car park has cameras and has taken my picture in and out, they havent provided any evidence of how long i was actually parked. I dont think they mention the POFA2012 but i am struggling to understand that side of things. 

I also got a fine through today as one time I didnt pay at all (bad) because my card was declined of ringo and I had a class, I was thinking of just paying this one… what do you think? As i agree i never paid. However open to any legal loopholes.

i have started a file for my proposed points for POPLA they are as follows:

1. Prove they have the right to issue tickets in this land by providing the contract 

2. Prove that i was parked during that period of time; there is no sign which states you have to pay from the minute you enter and leave the car park; the ticket machine nor ringo will allow you to pay back for time. I.e. when i enter the car park i take work phone calls, working as a key worker within the NHS and then pay for the duration of time which i am parked for. When i return  to my car again i make phone calls not parked, rather stopped to adjust maps and take time to exit the car park. Furthermore, i had to take time to read the signage and also to pay for the ticket. 

3. This charge is for presumably overstaying in the car park, please evidence that this charge does represent a genuine pre estimate of loss. As i overstayed by minutes I believe this charge is a penalty rather than genuine loss of proposed sum. Furthermore, presumably the offence i have caused is underpaying in a car park which i was fully entitled to be in, again shows this charge is a penalty. 

4. The charges in the car park signage are different to those you are charged. £1.50 for one hour in the car park, £1.70 on the ringo app. ** be careful with this one 

5. I received my ticket on 28th August from parking day 4th august, i question the legitimacy of this grace period. 

6. The NFK does not state which period i had parked my car for, only the period by which i entered and exited the car park. 

7. No signage which states a ANPR camera data was used which is a breach of BPA’s code of practise. Signage is not transparent (not sure it this is true?)

8. Signage should state that ANPR camera is used to determine the length of the stay, which is does not. 

9. No mention of terms and conditions on ticket machine, i did not agree to these terms when i bought my ticket.

10. The signs state that a £100 parking charge will be issued, I again refute that £100 charge is reasonable for the length of time allegedly overstayed. I ask for evidence that this charge is a genuine pre estimate of loss and not infact profit for Smart Parking Limited 

11. Terms and conditions state that I must park within a marked bay, none of the car park has marked bays which therefore the company have breached their own terms and conditions which I would argue makes the contract void. 

12. Smart Parking Limited have not stated the reasonable amount of time to enter and exit the car park. It is not physically possible on neither payment methods to change the start time of the parking ticket. 

13. I have attached a picture of the ticket machine however during the time which I did park the machine had a handwritten piece of paper stating the cost of £1,50 for one hour or £7 per day. 

Any help is much appreciated, I am having visions of going bank rupt at court 😂 i am thinking of just paying them all to make it go away as I have bad anxiety! 

Thanks so much you good good people

Coupon-mad

I also got a fine through today as one time I didnt pay at all (bad) because my card was declined of ringo and I had a class, I was thinking of just paying this one… what do you think?

We think for the love of God, don’t pay!  Just do this one properly and appeal as registered keeper, given Smart can’t hold keepers liable.

The NEWBIES thread names Smart Parking as a firm who have never bothered to use the POFA law about keeper liability.  How much more of a hint to win this do you want?

All these PCNs could have been killed that way.  And now you have an opportunity to test what we are telling you, knowing exactly how to appeal and 100% win (what you should have done with the other 4) and you’d rather pay?!

helpmepls1

Coupon-mad said:

I also got a fine through today as one time I didnt pay at all (bad) because my card was declined of ringo and I had a class, I was thinking of just paying this one… what do you think?

We think for the love of God, don’t pay!  Just do this one properly and appeal as registered keeper, given Smart can’t hold keepers liable.

The NEWBIES thread names Smart Parking as a firm who have never bothered to use the POFA law about keeper liability.  How much more of a hint to win this do you want?

All these PCNs could have been killed that way.  And now you have an opportunity to test what we are telling you, knowing exactly how to appeal and 100% win (what you should have done with the other 4) and you’d rather pay?!

Hi, i really appreciate that reassurance. Sorry for wasting time… for the one I had today will I just appeal to SP stating about POFA? Sorry i have found it quite overwhelming to follow. 

helpmepls1

I should of mentioned i am in scotland too…

helpmepls1

Coupon-mad said:

I also got a fine through today as one time I didnt pay at all (bad) because my card was declined of ringo and I had a class, I was thinking of just paying this one… what do you think?

We think for the love of God, don’t pay!  Just do this one properly and appeal as registered keeper, given Smart can’t hold keepers liable.

The NEWBIES thread names Smart Parking as a firm who have never bothered to use the POFA law about keeper liability.  How much more of a hint to win this do you want?

All these PCNs could have been killed that way.  And now you have an opportunity to test what we are telling you, knowing exactly how to appeal and 100% win (what you should have done with the other 4) and you’d rather pay?!

Also i said the points i mentioned in OP which alludes to the fact i was driving in the appeals - is that bad? 

Le_Kirk

helpmepls1 said:

I should of have mentioned i am in Scotland too…

This changes things for the better.  Read the NEWBIE sticky where it states what to do if you live in Scotland.

Coupon-mad

OMG you should never have appealed any of them.  Scotland doesn’t have keeper liability until next year.

However. Smart Parking are based in Scotland I think and have tried the odd court claim (but hardly any).  So you are best getting the landowner to step in and cancel them all, fir peace of mind.

Have you blabbed about being the driver in all the appeals so far?  If so then you could also continue onto POPLA but it is useless for people in Scotland.

helpmepls1

Coupon-mad said:

OMG you should never have appealed any of them.  Scotland doesn’t have keeper liability until next year.

However. Smart Parking are based in Scotland I think and have tried the odd court claim (but hardly any).  So you are best getting the landowner to step in and cancel them all, fir peace of mind.

Have you blabbed about being the driver in all the appeals so far?  If so then you could also continue onto POPLA but it is useless for people in Scotland.

Aw what a shame. I done a lot of research and seen the advise was not to ignore them so got really worried 😟 i will re read the newbies post and hopefully come up with something. Yeah pretty much pasted what I said in the original post in the appeal. Whats your new advise lol

i did see smart parking have taken 4 people to court so that made me worried particularly as i done it every week. 

Coupon-mad

Personally I’d ignore them.

helpmepls1

Le_Kirk said:

helpmepls1 said:

I should of have mentioned i am in Scotland too…

This changes things for the better.  Read the NEWBIE sticky where it states what to do if you live in Scotland.

Hi went back to this, the car park wasn’t retail it was on Washington street in glasgow. Then it says to avoid popla but i already appealed )

helpmepls1

Coupon-mad said:

Personally I’d ignore them.

Thanks for you input. The crippling anxiety of potentially going to court is killing me 😂