PCN for 13 x minuet stay

Aldo22

Hi, 

Need some advice about this please.

I received a PCN from a company call SMART Parking ltd. It was for entering an outside car parking area apparently on private land, for just 13 minuets, and then leaving. The problem was for some reason I couldnt connect to their payment app with my phone. I tried  but just couldnt connect, so then I left straighjt away. I never even got out of the car. But then four weeks later I received a PCN. I wrote straight back to them explaining the circumstances about the 13 min stay, and about my connection problem, explaining that I never got out of my car. But they wrote back to me and said that 'having considered my appeal' they have decided to uphold the PCN, and are asking for £100
They are now advising me that if I want to appeal I can go through the POPLA appeal process. But from what I'm reading, this process is biased towards the car parking company. Shall I ignor the POPLA appeal, and go to court ? I am really offended by accusation, and won't to challege this threat.

Coupon-mad

We really wish you'd come here for advice BEFORE throwing away your 100% guaranteed win by appealing the way you did...

Next time, don't appeal in your own words as driver.  Threw away the easy win.  Smart are impossible to lose against, had you done it right and appealed without saying who was driving.

You now have to do a POPLA appeal that probably won't win and then you might be sued (it's defendable - but all this could have been avoided).

If you can evidence this at POPLA you may have a chance:

"The problem was for some reason I couldnt connect to their payment app with my phone."

But what a shame you binned the 100% win you had as registered keeper.

Grizebeck

I disagree with @Coupon-mad here  there is a proven way to beat smart at POPLA that has worked for approximately 10 years. Its so simple its daft!
All you need to do is the use the following text below. You dont to add anything. Smart will withdraw and ticket will be cancelled

The Parking Operator does not have a contract in its own name to issue PCNs at this site

KeithP

The predictive text on your phone is letting you down.   

Minuet??

...and won't to challenge this threat??

Fruitcake

Plan A is always a complain to the landowner and your MP.

Sadly it appears you jumped the gun and admitted being the driver, but all is not lost.

A good PoPLA appeal should see this off if a landowner cancellation is not forthcoming.

Add the point made by Grizebeck above to the standard PoPLA appeal points that you will find in the third post of the sticky Announcement for NEWBIES.

These will include, not the landowner
No standing to issue charges in their own name
Inadequate signage
Frustration of contract (failure of payment system)
Anything else relevant.

Grizebeck

@Fruitcake i only ever use the 2 lines of text to beat smart. The reason is to ensure it doesnt get lost in a load of text. Therefore smart doesnt put in a case and an an assesor then could miss it.
Less is more

Coupon-mad

I forgot about that appeal text!  Rescues this case.

Aldo22

It's done now. so I cant do much about that now. 

To be honest, I was really shocked and agry that these people can do this type of thing to decent people. This was a genuine reason for me not staying in that car park. I always pay my way, and when I realised this was not going to be possible, I did the honest thing and left straigt away. This is not a reasonable charge for 13 minuets. 

How can I evidance 13 minuets of frustrtion trying to connect to an app. They will obviously deny or admit that there was a problem with their app.

Coupon-mad

Do what @Grizebeck said. Word for word.

To be honest, I was really shocked and angry that these people can do this type of thing to decent people.

It's why I've posted her for 15 years!  We agree. It's why we do what we do...and the Government is listening.

Aldo22

Grizebeck said:

I disagree with @Coupon-mad here  there is a proven way to beat smart at POPLA that has worked for approximately 10 years. Its so simple its daft!
All you need to do is the use the following text below. You dont to add anything. Smart will withdraw and ticket will be cancelled

The Parking Operator does not have a contract in its own name to issue PCNs at this site

Thanks for that. I haven't done the POPLA yet, so I'll do that now. Much appriciated.

Le_Kirk

When you do, make sure you write minutes not minuets as pointed out by @KeithP at 3.48 today