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SmartParking appeal rejected
jakeman123
Posts: 7 Forumite
Firstly I now know I should have read this forum before making my initial appeal. I got a parking charge notice for overstaying in a free carpark at a shop. I am not sure if I should appeal to POPLA or not, as I can pay £60 now or £100 if I lose the appeal (it's a company car, so I do not want to just not pay and annoy my work).
In my appeal I stated that they provided not evidence of any signage displayed on the day of the allegeded parking infraction, they merely stated times of entry/exit and pictures of my car, nothing else.
Below is their reply to my appeal.
Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the Parking Charge 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 06/11/2024.
We note the comments made within your appeal however, we cannot rescind the Parking Charge on this basis. 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 and compliant with The Private Parking Single Code of Practice.
All signs on site are compliant with the British Parking Association (BPA) and The Private Parking Sector Single Code of Practice June 2024. Signs and Surface markings must be designed, applied and maintained in such a way as to be visible, legible and unambiguous to drivers. Clause 3.1.1, of the single code states that "An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited, unless: subject to terms and conditions, including payment, or is prohibited". It also states in clause 3.1.3 a) that signs must be placed within the controlled land, such that drivers have the chance to read them at the time of parking or leaving their vehicle. There are several signs situated around the car park that advise of the tariff, terms and conditions, we can confirm all signage on site is BPA approved, and compliant with The Private Parking Single Code of Practice. Please be aware all signs are set to a standardised height, regulations and written in clearly and intelligible language. There is no ambiguous language or jargon on any of the Smart Parking signs at this site.
The car park is sited on private land, and the owners allow access to the public, with use subject to the Terms and Conditions of parking, which are advertised on signs situated around the site. The PC's are enforceable under Contract Law; upon entering and remaining upon the car park you agree to the terms and conditions which are clearly stated on the signage. Your vehicle was parked in breach of these terms and conditions therefore we must advise the PC was correctly issued and remains outstanding.
We wish to inform that the car park in question is operated by an ANPR cameras system which captures images of your vehicle entering and exiting the site, which subsequently calculates your total stay duration- this is calculated from the time of entrance to the time of exit. This information is then compared with the terms and condition of the site, along with any validation we have with regards to your Vehicle Registration Mark (VRM), to establish whether or not terms and conditions have been breached without authorisation.
We can confirm that the convention occurred due to overstaying the maximum free parking time. As stated on the signage, there is a maximum stay period of 60 minutes. This restriction is in place for all motorists. However, your vehicle remained on site for 73 minutes, which resulted in a 13 minute overstay. As your vehicle remained on site in excess of the maximum free parking time, we can confirm that the advertised Terms and Conditions were breached, and the PC has been 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 Parking Charge 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
In my appeal I stated that they provided not evidence of any signage displayed on the day of the allegeded parking infraction, they merely stated times of entry/exit and pictures of my car, nothing else.
Below is their reply to my appeal.
Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the Parking Charge 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 06/11/2024.
We note the comments made within your appeal however, we cannot rescind the Parking Charge on this basis. 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 and compliant with The Private Parking Single Code of Practice.
All signs on site are compliant with the British Parking Association (BPA) and The Private Parking Sector Single Code of Practice June 2024. Signs and Surface markings must be designed, applied and maintained in such a way as to be visible, legible and unambiguous to drivers. Clause 3.1.1, of the single code states that "An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited, unless: subject to terms and conditions, including payment, or is prohibited". It also states in clause 3.1.3 a) that signs must be placed within the controlled land, such that drivers have the chance to read them at the time of parking or leaving their vehicle. There are several signs situated around the car park that advise of the tariff, terms and conditions, we can confirm all signage on site is BPA approved, and compliant with The Private Parking Single Code of Practice. Please be aware all signs are set to a standardised height, regulations and written in clearly and intelligible language. There is no ambiguous language or jargon on any of the Smart Parking signs at this site.
The car park is sited on private land, and the owners allow access to the public, with use subject to the Terms and Conditions of parking, which are advertised on signs situated around the site. The PC's are enforceable under Contract Law; upon entering and remaining upon the car park you agree to the terms and conditions which are clearly stated on the signage. Your vehicle was parked in breach of these terms and conditions therefore we must advise the PC was correctly issued and remains outstanding.
We wish to inform that the car park in question is operated by an ANPR cameras system which captures images of your vehicle entering and exiting the site, which subsequently calculates your total stay duration- this is calculated from the time of entrance to the time of exit. This information is then compared with the terms and condition of the site, along with any validation we have with regards to your Vehicle Registration Mark (VRM), to establish whether or not terms and conditions have been breached without authorisation.
We can confirm that the convention occurred due to overstaying the maximum free parking time. As stated on the signage, there is a maximum stay period of 60 minutes. This restriction is in place for all motorists. However, your vehicle remained on site for 73 minutes, which resulted in a 13 minute overstay. As your vehicle remained on site in excess of the maximum free parking time, we can confirm that the advertised Terms and Conditions were breached, and the PC has been 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 Parking Charge 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
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Comments
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Which parking company and which car park...1
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Smart Parking as per the title, car park irrelevantDE_612183 said:Which parking company and which car park...
the way to win this with Smart Parking is very simple and it always work
Log on to the POPLA website and use the following text only (nothing else honestly)
"The Parking Operator does not have a contract to issues PCN's at this site"
- That is it the ticket will be cancelled in due course, has worked for over 12 years now.
Ps let us know when its cancelled please4 -
You are lucky because the above 100% win does work with Smart Parking, even though it sounds like you threw away the first (and easiest) 100% win (no keeper liability) in your first appeal.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Just a quick update, I took your advice and only used the text you quoted and this has now been cancelled. Amazing, thank you so much.Grizebeck said:
Smart Parking as per the title, car park irrelevantDE_612183 said:Which parking company and which car park...
the way to win this with Smart Parking is very simple and it always work
Log on to the POPLA website and use the following text only (nothing else honestly)
"The Parking Operator does not have a contract to issues PCN's at this site"
- That is it the ticket will be cancelled in due course, has worked for over 12 years now.
Ps let us know when its cancelled please6 -
Easy when you know how with Smart Parking POPLA appeals! Other newbies take note.
It works.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2
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