Smart Parking - POPLA check

coffee_boy44

I'll keep this as concise as possible, as I think I'm pretty clear on next steps thanks to the main thread. Just a couple of outstanding questions.

CONTEXT
I paid for parking in a Milton Keynes car park - managed by Smart Parking. Had some issues with RingGo, but finally sorted payment (180 minutes). I thought I'd accounted for that initial delay with the time I paid for...but alas, I was on site for 192 minutes in total. ANPR images entering and exiting.

APPEAL
Below is my first appeal (note: I wasn't aware of NEWBIES at that time, so may have shot a toe off):

"I paid for valid parking using the RingGo app. The location code directly above my car (see photo) was 21587. This is reflected on my payment receipt from RingGo (see attached). The web interface for completing payment was freezing at validation (see screenshots). I contacted the RingGo customer support to ask for alternative ways to pay for parking (see screenshots). They suggested that I download the application to pay, which I did (see screenshot) and completed payment. This was done at 1:45pm for a 3 hour duration which covered my entire time in the car park."

Unsurprisingly, it was rejected on the grounds of 180 minutes vs 192 minutes.

POPLA
After finding NEWBIES and burying myself in 100s of adjacent threads, I drafted a POPLA Appeal (deadline 27.03.25) using the templates but tweaked to my situation. I've seen a few times that Landowner authority tends to win at POPLA with Smart Parking. Here's the heading overview:

1. No evidence of Landowner Authority.

2. Grace Period non-compliance.

3. No evidence of period parked.

4. Vehicle images contained in PCN are noncompliant.

5. Operator has not shown that the individual they are pursuing is liable for the charge.

6. Non-compliant signage.

CLARIFICATIONS

• Does the fact that I have paid for parking void any argument I make around not agreeing to enter into a contract? i.e does the action of paying for parking constitute 'agreement' on my part?
  
  
• Does my initial appeal wording (above) imply that I was driving, or am I in the clear on POFA? I didn't tick anything to say I was the driver.
  
  

Thanks for your support in advance.

ChirpyChicken

Wipe all of it 
Replace it with
"This operator has no contract at this site to issue PCNs"
Job done

Ralph-y

as above just use the one liner .....

and

just in case you fall for another not so smart trap the this is the first appeal

courtesy of  Grizebeck

"This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw"

coffee_boy44

Magic - that makes things easier. Thanks both!

coffee_boy44

Result:

POPLA - Your appeal has been withdrawn.
The operator has reviewed your appeal and chosen to cancel the parking charge.

Umkomaas

coffee_boy44 said:

Result:

POPLA - Your appeal has been withdrawn.
The operator has reviewed your appeal and chosen to cancel the parking charge.

There you go, @ChirpyChicken magic 🪄 

windybbs2025

@ChirpyChicken. Thank you for sharing your experience. And congrats on your brilliant result. 

 I have also received a parking charge notice from Smart Parking for over 11 minutes. I sent an appeal using the paragraph quoted and got rejected. But they haven't given me POPLA code in the email. 
When they first rejected your appeal, did you receive the POPLA code?
(I have started a new thread for my case but just it's good to see what happened to other cases. 
Many thanks in advance

windybbs2025

Sorry I meant @coffee_boy44

Thank you 

dealerfield

I have an issue with a Smart Parking charge relating to my son and it's like the Milton Keynes 'terminal' one but goes back 3 yrs but has only just come to a head as they have obtained a ccj against him,without him defending the case because he'd moved address and didnt get the forms etc.They obviously found his new address but no papers were sent to it and first he knew was when court sent him verdict etc ! To now challenge it will cost £300 court fees and 'fine' is only £332 .He doesnt have car anymore,is on U Credit ,couldnt pay and legal firm now involved with bailiffs threatened.What to do ?

Gr1pr

Dealer field

Please Start a new thread about your problem above

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81970707#Comment_81970707

Start a thread and state the date of the CCJ.