Parking charge notice

captainzorro

Hi

I received a parking charge notice from smart parking, member of bpa because they believe my vehicle failed to pay for sufficient time at Willen lake on 28/08/2023.

Date pcn issued was 26/09/2023.

I arrived at 3.18pm and left at 5.45pm and paid from 3.47pm to. 5.47pm. reason being car park was full was I was finding a space therefore appealed on those grounds.

I have a response from them as follows:
"

Thank you for your recent communication.

Having considered your appeal in detail we have decided to uphold the Parking Charge Notice (PCN) as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. As your appeal was received within the initial discount period we have extended the discount period until 14/11/2023.

We can confirm that the contravention is in relation to insufficient paid time. This is due to the fact that our payment system confirms that 120 minutes were purchased against your Vehicle Registration Mark (VRM) however the vehicle was on site for 147 minutes. The signage clearly informs drivers to purchase a valid ticket for the duration of their stay. Please also be advised that additional time can be purchased at any point during your vehicles stay, before exiting the car park, in order to cover any unexpected overstays due to circumstances such as those outlined in your appeal.

As the vehicle was on site in excess of the time purchased and no additional payments were made to cover the entire duration of the stay, we can confirm that the advertised Terms and Conditions were breached and subsequently the PCN has been issued correctly. The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.

You have now reached the end of our internal appeals procedure and therefore you now have two options, you can pay or appeal - you cannot do both.

If the PCN was issued in England and Wales you also have the right of appeal to an independent appeals service (POPLA). If you wish to make an appeal to POPLA the forms are available on their website at www.popla.co.uk
"

Can someone help advise how do I appeal to popla please. Thanks

Coupon-mad

As shown in the NEWBIES thread.  We really hope you didn't come here late and have already appealed saying you were driving.

captainzorro

Hello
I did appeal to advise that I was finding a car parking space and how can they expect me to pay whilst there is no parking available. Then I got the reply above.

Have I lost my case?

Coupon-mad

No.

Smart Parking are easy to beat at POPLA but you would have had a slam dunk 100% win with that first email if you'd come here first.

captainzorro

Thanks. I read the newbies thread but have already gone through that as responded once. Where would I find the template for popla please.

Le_Kirk

Cunningly located on its own thread marked POPLA decisions or third post of the NEWBIE sticky.

Coupon-mad

captainzorro said:

Thanks. I read the newbies thread but have already gone through that as responded once. Where would I find the template for popla please.

In the NEWBIES thread too. 

captainzorro

Hi I appealed via POPLA and received some comments from Smart parking which I have pasted below: Not sure I can add any comments before POPLA makes the final decision if someone can help advise. Have about 4 days to respond.

Firstly, Smart Parking Limited would like to make the assessor aware that we acknowledge the Appellant stating that they were not the driver on the date of contravention. However, as seen below in correspondence, the original appeal made to Smart Parking was also made by the registered keeper of the vehicle and the Appellant stating “I” to being the driver of the vehicle on the date of contravention. Due to liability being accepted and the registered keeper confirming they were the driver on the day, the parking charge notice has been pursued correctly.

Smart Parking Ltd can confirm the site went live on the 31/05/2022, therefore the Appellant had sufficient time to become familiar with the new requirements on site. Given the evidence Smart Parking Limited have provided, and it is made apparent that the motorist would have been aware of the signage around the car park. We would like to clarify that the BPA Code of Practice January 2020, paragraph 19.10 states, ‘’where there is any change in the terms and conditions that materially affects the motorist then you should make these clear on your signage. Where such changes impose liability where none previously existed then you should consider a grace period to allow regular visitors to the site to adjust and familiarise themselves with the changes’’. There are several Smart Parking signs situated around the car park including an entrance sign that advise of the terms and conditions and we can confirm all signage on site is BPA approved. Had the Appellants acknowledged the signage they would have been aware of the circumstances in which a Parking Charge Notice can be issued. It is the responsibility of the motorist to ensure they acknowledge all signage when entering the car park and to adhere to the terms and conditions, as the driver parked in breach of these terms and conditions, the Parking Charge Notice has been issued correctly. We would like to clarify that this Parking Charge Notice was issued for insufficient paid time. The contravention of insufficient paid time is issued when there is no payment or there is an underpayment for the vehicle registration mark. As there was an underpayment for the VRM XXX, the PCN was issued correctly for insufficient paid time. We can further confirm the Appellant paid for a total amount of 120 minutes, however the vehicle was parked on site for a total of 147 minutes, therefore over staying a total of 27 minutes. It is the responsibility of the Appellant as a motorist to ensure they purchase a valid ticket for their full, correct vehicle registration mark and for the duration of their stay when using this car park. 

Half_way

who's car park was this?
have you read this https://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html?m=1

Coupon-mad

What are you planning to respond with as per POPLA Comments stage?

NEWBIES thread covers this.

captainzorro

Just thinking of relaying the same points around cameras pointing time in and time out but without a car park space, cannot be held liable. Found grace periods in the newbies thread but that is 10 mins which doesn't apply in my case as it is different. I am probably confused, can you help please.