Appeal Rejected from Smartparking what should I do?

northernangel

Hello, this was my appeal to Smartparking based on the template:

You issued my vehicle NNN with a parking charge notice on 30/11/23 but I believe it was unlawfully issued.

I quote: This Parking Charge Notice has been issued to NNN because your vehicle failed to pay for sufficient time at NNN on 12/11/23.

My vehicle is unable to respond or pay.

Additionally I decline to name the driver, which is not required of me as the keeper of the vehicle. Please do NOT ask for driver details. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an automatic win at POPLA. Please therefore cancel the notice or issue a POPLA code where you will automatically withdraw.

Paying your demand is not obligated for the following additional reasons:

1. The charge is disproportionate and not commercially justifiable. The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

In my case, the £100 charge you are asking for far exceeds the cost to the landowner of my overstay by NN minutes. I therefore feel the charge you have asked for is excessive.

2. The notice to keeper is incorrect. The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012. The Notice was issued 17 days after the alleged parking contravention. It also arrived late ie after 15 days following the alleged parking offence. It arrived on 9 December having been issued on 30 November ie. 26 days after the alleged contravention.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Smart's reply was with a POPLA verification code, in summary:

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. Please note you have until 14/02/2024 to pay the outstanding amount of £100.00 after which an admin fee of £10.00 will be added and the PCN will be passed to debt recovery.
We note the comments made in your appeal; however, we cannot rescind the PCN on this basis. Please be advised that when using the car park in question you must adhere to the advertised Terms and Conditions and it is the responsibility of the driver to ensure they acknowledge the signage upon entering the site. We can confirm that there is signage on entrance to, and around the car park grounds. All signage is BPA approved.

Grateful for advice please? Thank you. Northern

Coupon-mad

Yes, this is easy and you win at POPLA, obviously!  The keeper can't lose.  

northernangel

Coupon-mad said:

Yes, this is easy and you win at POPLA, obviously!  The keeper can't lose.  

Did this make you laugh? I wrote "My vehicle is unable to respond or pay." (Me being very literal because their PCN said: ' This PCN has been issued to NNN because your vehicle failed to pay for sufficient time.')

Coupon-mad

Yes I noticed it and liked it!