Smart Park appeal rejection

toysgalore

Hi all,
Just after some advice really.
On 25th January I received a parking charge notification for an alleged failure to pay for parking on 28th December. It had been issued on 18th January. I have appealed stating how the issue date was some 21 days after the event and I didn't receive it until 28 days after the event. I used templates from here and quoted relevant legislation etc. Also, I did in fact pay the correct parking fee - entered the coins and reg number into the machine but it didn't issue me with a ticket. As far as I was concerned it had accepted payment and registration and then flashed up 'next customer'. I explained this situation and said that they have no evidence that I didn't pay, only that I used the car park. 
They have rejected my appeal saying that under their code of practice they applied to the DVLA for my details within 28 days so are within their rights to issue me with a charge. I have subsequently looked at this code of practice and in another section it does actually say that people should receive notification within 14 days. It wasn't even ISSUED within 14 days!  They also say they've apparently checked my reg against the machine and no payment has been made - but don't provide evidence of this. This code also says letters MUST NOT use the words 'parking charge notice' or reference Parking Eye vs Beavis - my letter does both. I obviously intend to take this to POPLA and as far as possible but just wondering if there is anything else people can suggest? It is causing quite a lot of anxiety and anguish - particularly as I know I haven't done anything wrong!

Half_way

STOP, read the newbies thread

 And answer this: whos car park was this? and where? do not add any more to those questions

toysgalore

It was a Smart Park car park at a hospital

Half_way

Lots of hospitals, but where?

Are you familiar with the NHS parking principles for Patients staff and visitors, in particular the part about contracted out parking ?

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Read that, and then read the newbies thread, do not ID the driver you will need to complain to the hospitals PALs service using parts of the NHS parking link above, and contents of the newbies thread

toysgalore

It was at North Tees hospital and I have already checked their website which says this

There are a number of car parks around the hospital site which are not owned by the Trust, we accept no responsibility if you choose to park in these car parks.

Coupon-mad

Also, I did in fact pay the correct parking fee - entered the coins and reg number into the machine but it didn't issue me with a ticket. As far as I was concerned it had accepted payment and registration and then flashed up 'next customer'. I explained this situation.

By doing so, it sounds like you've thrown away the 100% win you had, sadly.

The point that the PCN was 'non-POFA' was only good if you had not added stuff talking about what you did.  By doing that, you've said who was driving and the POFA argument is now dead.  You should not have added the story of what happened.

This is why we have the template.

Luckily, there is another winning appeal for POPLA, as shown in other Smart threads, posted recently by @Grizebeck.  You can find it.

toysgalore

Surely if they've broken the rules they've broken the rules? 

Have to love coming to a new forum looking for advice and basically getting a telling off and told to read the newbie thread. In fact I had read it and used parts from templates and people's experiences. Pretty sure the forum rules tell you to think about your tone - yes, I read that thread too. 

Boat_to_Bolivia

You won't find any better advice anywhere else. Imagine the onslaught of new threads daily, hourly asking questions of the kind folk who give help in their own time, for free. You really should be thanking them, they are trying to help you.

B789

Coupon-mad said:
Luckily, there is another winning appeal for POPLA, as shown in other Smart threads, posted recently by @Grizebeck.  You can find it.

OK... you've been admonished for throwing away the one guaranteed slam-dunk appeal by identifying the driver. Time to move on and get this sorted. It's just frustrating for the regulars on here who help thousands of victims of the private parking scammers to see this kind of easy win thrown away before we even start.

As pointed out by @Coupon-mad above, you need to find the thread by @Grizebeck and use that for your POPLA appeal. I'll even save you time and show you what @Grizebeck says will win the appeal at POPLA:

Grizebeck said:

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

Half_way

toysgalore said:

Surely if they've broken the rules they've broken the rules? 

Have to love coming to a new forum looking for advice and basically getting a telling off and told to read the newbie thread. In fact I had read it and used parts from templates and people's experiences. Pretty sure the forum rules tell you to think about your tone - yes, I read that thread too. 

Replys can be a bit terse and short on here, but there is a huge volume of traffic and the volunteers who help on here only have a limited amount of time .

 the last thing you want to do is make things harder, and its easy to trip up and make mistakes . The aim is for you not to pay and keep your money to spend on something worthwhile

toysgalore

B789 said:

Coupon-mad said:
Luckily, there is another winning appeal for POPLA, as shown in other Smart threads, posted recently by @Grizebeck.  You can find it.

OK... you've been admonished for throwing away the one guaranteed slam-dunk appeal by identifying the driver. Time to move on and get this sorted. It's just frustrating for the regulars on here who help thousands of victims of the private parking scammers to see this kind of easy win thrown away before we even start.

As pointed out by @Coupon-mad above, you need to find the thread by @Grizebeck and use that for your POPLA appeal. I'll even save you time and show you what @Grizebeck says will win the appeal at POPLA:

Grizebeck said:

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

Thank you - I had already found it and wanted to ask what it means? I do want to get it sorted and appreciate the help but I would like to understand what I'm putting in an appeal before I actually do it.