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PCN - Appeal under POFA 2012 OR Appeal for legitimate online parking payment

Hi all,

I posted yesterday but being the newbie I am, I posted personal information so I got this removed.

I have received a PCN via post past the 14 days as the registered keeper - I know I have POFA 2012 on my side and they cannot ask for verification of the driver. However, the signage at this particular Smart Parking location gives the first 3 hours for free - and signage everywhere makes this very clear. Following this you are encouraged to pay via payment machines or via mobile. There was payment for an extra hour via mobile and I have proof of this, however the 'driver' is being pursued for overstaying. I have been to the venue today and taken photos of all signage and it clearly says after 3 hours you can pay for additional parking via machine or online which was done.

Do I appeal and give evidence of a legitimate parking session therefore potentially giving the identity of the driver away and voiding any chance of using POFA 2012 further, or do I just reply using the evidence of a paid session, or both?

I have read the newbie FAQ's and things and I do understand how to pursue under POFA but this is quite a niche scenario so I'm looking for the best way to win and get this overturned. 

Thanks

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,593
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    edited 23 September 2021 at 10:59AM
    Please read the newbies, as many times as it takes for you to understaqnd them.  This is not painting by numbers and these companies do not take prisoners.

    Have you complained to your MP.?
    You never know how far you can go until you go too far.
  • D_P_Dance said:
    Please read the newbies, as many times as it takes for you to understaqnd them.  This is not paining by numbers and these companies do not take prisoners.

    Have you complained to your MP.?
    Thank you for your response. I am re-reading the newbies forum now. I have emailed all the local stores as per advice on the page. I will try with MP however I'm completely out of district for work compared to where I live but I'll pursue this today also. 
  • D_P_Dance
    D_P_Dance Posts: 11,593
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    Your complain to your MP, no matter where the alleged incident took place.  s
    You never know how far you can go until you go too far.
  • Apologies, I'm very new to all of this. I never even get parking fine's as I'm very careful! I have emailed my local MP. 
  • Coupon-mad
    Coupon-mad Posts: 166,219
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Appeal using the POFA and Smart will give up. Simple, as long as you don't add words giving away who was driving.  You don't need to talk about the 3 hours at all.

    Copy any other Smart POPLA appeal from 2020 or 2021.  Google for them if the forum search fails to find a suitable thread.
    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
  • M1997
    M1997 Posts: 9
    Name Dropper First Post
    Forumite
    Hi all - update here. I tried MP, local officers, local business' and no one would help. 

    An appeal was submitted by myself as the owner indicating there was evidence to suggest the correct payment had been made for the time with corresponding evidence. This was about 2 weeks ago, I haven't had any response. I went to submit an additional appeal asking for an update and the notice has been cancelled! No correspondence from Smart Parking to inform me of this (I checked email thoroughly). Good result all round. 
  • Coupon-mad
    Coupon-mad Posts: 166,219
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Very good!  Easy when a keeper knows how!
    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
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