Fined £100 for underpayment

Bazarius

https://forums.moneysavingexpert.com/discussion/6672150/fined-100-for-underpayment

if you look at the back of that PCN , I think from memory - first para. It will state that it was either not purchasing the required tariff or overstayed the maximum allowed .

As it stayed 12 mins over the 3 hrs - it’s a scam - they want you to start from ANPR entry time not from when the sign was read and accepted . No paying regardless and fight all the way .

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82032160#Comment_82032160

Yes, which is why they'll claim 3hr 12mins were used and only 3 hours were paid for. Completely ignoring the no tariff after 6pm clause.

Just trying to stop the IAS completely agreeing with that, which they will.

So I'd say present two interpretations (even though theirs is complete BS) and use the Consumer Rights Act to trump both their arguments.

Bazarius

https://forums.moneysavingexpert.com/discussion/comment/82032557#Comment_82032557

To clarify - I was referring to the 3 hour max stay clause stated on the sign not the actual ticket .

Either way - you cannot enter into a retrospective contract and it is an unfair burden on the motorist to be expected to remember and record the time on entry without having read the contract first .

As per OPS v Norma W the contract is not in effect during the consideration period (Grace)

and Thornton v Shoe lane ….

I fear the Government’s code of no consideration periods on lands not offering parking to the public .

Writealetter

https://forums.moneysavingexpert.com/discussion/comment/82031852#Comment_82031852

Thanks. If the charge was for overstay, I'd have just paid it off so I don't have to bother with more letters and trips to court. But I feel the reason for the PCN is unfair. I did indeed pay for the chargeable time and did not underpay. I still haven't heard back from them.

That said, my appeal was a quickly written message similar to this post. Do I definitely need to use the template on this site for this to go somewhere?

Writealetter

I hope you're right. Again, if it was for a fair reason, I don't mind paying and I'd just write it off as a lesson learnt. But I didn't overstay and their T&Cs don't say you have to have entered after 6 for the parking to be free. I'm really hoping they don't come after me and it doesn't cause me more stress challenging it.

Would have been helpful if they didn't take over a week to reply to the appeal. By the time they do, it'll have gone up to £100 and it'd be a double whammy! I'm not sure what to do

oldernonethewiser

https://forums.moneysavingexpert.com/discussion/comment/82032954#Comment_82032954

Follow the, sensible, advice on this forum. You won't be paying them.

cooldude255220

@Writealetter Have you appealed to Smart Parking Directly yet?

If not, appeal using their internal appeals process. Just say "You have not complied with POFA and I am appealing as the keeper. I will not be naming the driver".

When they inevitably reject your appeal, then use the below appeal, which I've drafted for you, at the IAS.

https://www.dropbox.com/scl/fi/dxl7sk5z6gkbdonb7jn8m/Appeal.docx?rlkey=456hguzdpgxdqprocy9kvgiej&st=x5a3aj26&dl=0

You have a 25%ish chance of the Operator conceding at the IAS. If they don't concede and the IAS has to adjudicate, then chances are (because the IAS are biased) you won't win the appeal, but at least you will have cost the operator a bit of money!

Hope that all makes sense.

Do read through the appeal to make sure you're happy with it, and make sure to add your PCN number where it's asked for in orange. Everything else should be fine as it is.

Let me know if you're not clear on anything.

And please do keep us updated with how you get on.

Writealetter

https://forums.moneysavingexpert.com/discussion/comment/82032994#Comment_82032994

Oh only a 25% chance of winning the case! That sounds so low when you think about the cost at the end of it all which I think is £180 vs £60 now.

You clearly know what you're talking about so if you think this doesn't stand much of a chance then do I just get it over and done with? I thought I had a better chance seeing as I didn't underpay, I actually overstayed a bit

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/82033004#Comment_82033004

@Writealetter

No, don't pay!

You're assuming that if you lose the appeal, they will (a) issue proceedings and (b) then win.

I have assisted in another smart parking case recently where they conceded on a similar point, so hopefully they will also concede this one too. But nothing is guaranteed!

cooldude255220

@Writealetter to be clear, the 25% figure is from the IAS annual report https://theias.org/ias-annual-report

It reflects how many cases are conceded. It has no bearing on the strength or otherwise of your individual case!