Parking charge - incorrect payment at car park?

Senorb

Hi there, after a visit to willen lake recently, I received this surprise today. I paid for the ticket to park, and have bank statement evidence of the payment for £1.50 for the parking on this day, however, I admit at the time, I must have forgot and have now realised after checking the willen lake site, that this was not a sufficient payment amount in relation to the time spent, as it was paid upon entry, what should I do? Thank you 

Gr1pr

That is only half of the pcn, compare both sides of the pcn to the pictures in the newbies sticky thread in announcements near the top of the forum by coupon mad 

It was issued/posted 12 days after the incident date,  presumed to be delivered on Monday 7th, so failed pofa timescales  IMHO

Appeal it based on no keeper liability because it failed to comply with Pofa2012,  after reading other recent Smart Parking threads

Senorb

Thank you, it is this one I believe right? 

this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Smart Parking trick of asking for driver details in order to ge around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver tot he keeper and thus is an auto win at POPLA. Please therefore cancel the notice or issuance a POPLA code where you will auto withdraw

Gr1pr

Nearly,  but Smart Parking no longer offer Popla, so change popla to the IAS 

Change pofa to Pofa2012 

Change issuance to issue 

Senorb

Thank you so much!

Senorb

Sending this to them as appeal following advice, this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Smart Parking trick of asking for driver details in order to get around the fact your NTK does not comply with POFA2012. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win at the IAS Please therefore cancel the notice or issue a IAS code where you will auto withdraw

Senorb

Hi, they replied with the following screenshot 

Gr1pr

As expected,  completely normal 

So appeal as keeper to the IAS based on 2 main items, no landowner authority and non compliance with Pofa2012 

Senorb

Thank you for your response, Sorry I am a bit of a newbie, please could you direct me to where I could find a template for these

Gr1pr

You need to find and study any recent Smart Parking cases over the last 4 months or so

Senorb

Thank you, I have found the following for the first argument, 

Lack of Landowner Authority

It is my understanding that Smart Parking does not hold a valid and current contract or agreement with the landowner at the site in question. Under the IPC Code of Practice (Section B, Clause 1.1), operators must have written authorisation from the landholder to manage and enforce parking. I request that Smart Parking produce a signed and dated landowner contract that specifically grants them authority to issue PCNs and pursue charges at this location. Without such documentation, this charge should be cancelled.

But I am struggling to find for POFA non compliance, any ideas?