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Picking up children and got a postal fine
r_annie_c
Posts: 9 Forumite
Please can someone advice me. On the 11/12/16 I pulled into a smart parking carpark to collect my children from the grandparents, I never left my car or even switched off the engine. After putting Christmas presents in the car and saying our goodbyes we left. From entering to leaving we were there 16mins. I didn't purchase a ticket as didn't think I was going to be that long. Ive appealed to smart parking who upheld the fine and gave me a popla code. They having given me until the 27/1/17 to pay the fine of £60. As I didn't go anywhere I have no proof of anything so not sure What to do..
Please help me
Please help me
0
Comments
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Take the time now to read up in the newbies faq thread near the top of the forum on how to construct a POPLA appeal.
Put it up here for comment before you send it in0 -
alas the BPA state that
13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period
at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.
no time was purchaced , and 16 mins seem to be a "You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go"
send a POPLa appeal in , Smart don,t realy bother with court , 6 yrs to bide your time ,Save a Rachael
buy a share in crapita0 -
As pappa said.
NO REASONABLE GRACE PERIOD GIVEN
Smart try this scam a lot ..... Read up on these money muggers and then use your popla code to your advantage
http://parking-prankster.blogspot.co.uk/search?q=smart+parking
Bear in mind that often POPLA seem to have a problem reading
So this needs to be a HEADLINE GRABBER
No reasonable grace period given
Never actually parked
No reason for Smart to issue a ticket.
No reason to breach data protection to apply to the DVLA
Far too many people make long appeals to POPLA which in general they only rule on one point.
The four points above gives Smart an opportunity to respond.
Given what happened to Smart in court in November where THEY settled out of court in favour of the motorist, they will probably concede at POPLA meaning you win.
Smart Parking settle out of court for data protection contravention
THIS IS HAPPENING, THIS IS REAL, THIS IS NOW0 -
I suspect that 16 mins to read and pay may be taking the ^&ss in this case , only the primary grace period applies , the second (on leaving) is non applicable as paid perking had not been madeSave a Rachael
buy a share in crapita0 -
IMHO, 16 minutes seems "more than a reasonable grace period" ."A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:0 -
pappa_golf wrote: »I suspect that 16 mins to read and pay may be taking the ^&ss in this case , only the primary grace period applies , the second (on leaving) is non applicable as paid perking had not been made
And that really depends on the mickey mouse watch that Smart uses,
But it does not mean that because there was no payment that the user was not considering her options to stay or leave0 -
IMHO, 16 minutes seems "more than a reasonable grace period" .
yes , just a tad over what might be called "reasinable" , in reality it was 16 mins parking as the OP did not bother with
" You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action."
they just parked up and thought they were immune from paying the hourly feeSave a Rachael
buy a share in crapita0 -
pappa_golf wrote: »yes , just a tad over what might be called "reasinable" , in reality it was 16 mins parking as the OP did not bother with
" You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action."
they just parked up and thought they were immune from paying the hourly fee
the goverment set a figure of 10 mins , the PPCs reluctantly followed , sorry 16 mins is taking the %^ssSave a Rachael
buy a share in crapita0 -
pappa_golf wrote: »the goverment set a figure of 10 mins , the PPCs reluctantly followed , sorry 16 mins is taking the %^ss
As we all know, the government is more outdated than an antique0
This discussion has been closed.
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