Help - what to do next with Smart Parking Charge

emmac21

Hi,

Is there any advice on what to do next with this Parking Charge Notice from a private car park.

I parked at Kinnoull Street, Perth on 22/07/2024.   When I went to pay on exit, I put £3.00 in the machine instead of £3.60.  Straight away I realised my error and went to find the parking attendant on duty.

I gave him 60p which was the difference and explained the situation.  He told me not to worry and entered my Vehicle Registration onto their computer system to authorise the extra stay.  
He gave me their telephone number incase of any problems. I asked for a receipt but he just scribbled on my ticket stub.

I received the PCN when I returned from holiday, it was dated 16 days after the alleged offence.  I challenged this, explaining all of the above and it was rejected.

I have since telephoned the car park, and spoken to 3 different people.  1st one said he would call back. 2nd said don’t worry just ignore it and don’t pay as you’ve done nothing wrong, 3rd said the supervisor is on holiday and he can’t do anything, just appeal it on POPLA.

I don't know what to do now..... I tried to resolve the problem whilst I was there and was under the impression everything was ok.

Any advice would be helpful. 

Gr1pr

You should have come here first before appealing to Smart Parking, because I assume that you have given away or inferred who was driving 

Assuming that you have given it away, use the one sentence appeal to Popla, posted by Grizebeck in this thread 

https://forums.moneysavingexpert.com/discussion/6552580/smart-parking-appeal-popla-please-help#latest

Do not add anything else, no explanations, nothing, just copy and paste the sentence into the Popla appeal box, as driver 

In future, come here FIRST, not halfway through, for the correct advice, before doing anything , especially no explanations 

emmac21

Thanks for your reply.... I didn't say who the driver was. But explained the situation.  

Is this the sentence? 
"the operator does not have a contract to issue PCNS at this site"

Can I ask how this will win the appeal?

emmac21

Also, to go on POPLA, I have to confirm I was the driver.

1505grandad

"I parked at Kinnoull Street, Perth on 22/07/2024."

Keeper and DVLA car address in Scotland?

emmac21

1505grandad said:

"I parked at Kinnoull Street, Perth on 22/07/2024."

Keeper and DVLA car address in Scotland?

No, I live in England, was just visiting 

LDast

Are you sure you have to state you were the driver? Whilst only the driver can appeal for contraventions in Scotland, they normally offer a choice of options with the selections to choose being "keeper" or "other".

Either send the POPLA one liner appeal as a pdf attachment to an email or post it to them with a free certificate of posting from any post office.

The point is that even if you admit to being the driver, there can be no liability as Smart will not have a valid contract to issue PCNs. No contract = PCN issued incorrectly.

Gr1pr

emmac21 said:

Thanks for your reply....

1) I didn't say who the driver was. But explained the situation.  

2) Is this the sentence? 
"the operator does not have a contract to issue PCNS at this site"

3) Can I ask how this will win the appeal?

1) If the appeal used words like Me, Myself and I, it may well have inferred who was driving , like in your post above , where your second sentence says,  " I parked at Kinnoull Street, Perth, on 22/7/2024

2) yes it is and is self explanatory 

3) due to 2) above 

As you live in England ( you should have mentioned this, because different laws can apply or not depending on the nation. ) , and if the appeal to Smart parking was as keeper, not as driver , then add an extra point about no keeper liability, the operator has failed POFA 2012 etc , in which case no inferring who was driving 

Grizebeck

you dont need to do this as a pdf, just copy and paste into on the popla website
its really very simple and it will win

Grizebeck

emmac21 said:

Thanks for your reply.... I didn't say who the driver was. But explained the situation.  

Is this the sentence? 
"the operator does not have a contract to issue PCNS at this site"

Can I ask how this will win the appeal?

its worked for over 10 years, it just does.

emmac21

LDast said:

Are you sure you have to state you were the driver? Whilst only the driver can appeal for contraventions in Scotland, they normally offer a choice of options with the selections to choose being "keeper" or "other".

Either send the POPLA one liner appeal as a pdf attachment to an email or post it to them with a free certificate of posting from any post office.

The point is that even if you admit to being the driver, there can be no liability as Smart will not have a valid contract to issue PCNs. No contract = PCN issued incorrectly.

Thankyou, when I go onto POPLA, there are 3 option, admit to being the driver, admit to being the keeper but be willing to provide driver details etc, can't remember option 3 but something similar.  No way of not admitting it, 

But if you guys all believe the 1 line will work then I'll do that.

Is it worth putting anything else in - like how i received the PCN after 16 days, not 14?