Advice needed

mattyratty78

Hi All

I think I have found this forum a little too late and may have already messed up an appeal.

I was parked in the gym group car park near Milton Keynes station, signs on the entry to the car park said it was pay and display, signs in the car park said to enter registration number in the payment machine and ANPR cameras will work out the duration and pay then. When we were in the car park we couldn't find any payment machines so I said to my wife it must be on the barrier when we leave, so we left and again there was no payment machine. We turned around at the first opportunity and re entered the car park. Again we couldn't find any payment machines so we went on ringo, Ringo app said we were in cart park elder gate 9691 so I paid for a days parking there.

I received a PCN through the post from smart parking, and I appealed to them initially  with photographic evidence that the signs read to use the payment machines and there wasn't any, and the receipt from Ringo that I paid for a day parking.

They rejected my appeal and said I have paid for elder gate car park code 9691 and the car park code was 25871 or something like that, they stated the signage clearly stated this etc so it was my fault.

I then appealed to POPLA with photographic evidence that the signage stated to use payment machines as well as a pay and display car park. I also stated that they do not have a contract at the site to issue PCN's.

Smart parking have submitted their evidence to popla which is mostly signage but not from the car park I was in, they have also said I was apparently parked in car park 2, and then stated that the Ringo code for car park 3 is 25871 or whatever it was. I have made my comments stating that their evidence is fraudulent as it is not taken from the area I parked and a simple google map search will show as such and by their own admission the PCN was for car park 2 and the signage and car park code they have referenced is for car park 3, again I stated they do not have a contract where I was parked to issue PCN's

The fact they are trying to fraudulently give me a PCN should be a criminal offense, but I believe I have messed up by saying "I parked" in my appeal.

Any advice please? The signage was clearly incorrect and they are submitting evidence of signage taken from a different car park.

fisherjim

Don't worry about outing yourself now as driver, but you should be careful using words like fraudulent.

Unless you countered their evidence by submitting dated photos POPLA will go with not so smarts submissions they will not do "a simple google map search" it's not the way it works, there is no real appeals service it's all just a con to look legitimate.

See what excuses POPLA come back with and go from there.

You could when they side with Smart as they will, try a complaint to the BPA that their member has submitted evidence that in your opinion has been used to mislead their appeal service, but at best they will claim an admin error.

mattyratty78

Thank you, I did submit a photo of the car park signs, as well as screenshots taken from google maps showing the signs.

Coupon-mad

mattyratty78 said:

Thank you, I did submit a photo of the car park signs, as well as screenshots taken from google maps showing the signs.

Oh dear. You'd have won this with a one-liner. Too late now. Not that it matters, as you'll never pay.

I presume your POPLA appeal didn't challenge keeper liability or landowner authority?

mattyratty78

I said that they don't have a contract to issue PCN's?

mattyratty78

Not that it matters, as you'll never pay.?

Can I ask about this? Why won't I ever pay?

Coupon-mad

Nobody here EVER pays Smart and they never sue (if they did, we win cases).

But if you said this in your POPLA appeal:

"I said that they don't have a contract to issue PCN's".

Did Smart provide the landowner contract? If not, comment to POPLA and insist that you win on that basis.

mattyratty78

They didn't provide the landowner contract and I commented that they do not have the contract at the site to issue PCN's, I didn't say they haven't provided it.

Won't they send Bailiffs round if it's unpaid?

Coupon-mad

Wow... In what circumstances do you think bailiffs come knocking? Of course not!

The 4th post of the NEWBIES thread explains.

mattyratty78

Thank you all for your help. I heard back from Popla today and my appeal was successful on the grounds that they did not provide evidence that they had the contract to issue PCN's. They said although I provided detailed evidence including photos surrounding other problems with incorrect signage they didn't need to investigate that as the first point stands!

Thanks again!! 

Ralph-y

Well done .......

any newbies reading this thread should be aware that the advice re 'not so smart' has changed and then read up on newer threads