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Smart Parking Free parking

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Hello

I apologise if this has already been answered. I have looked at the Newbie board and could not see my situation. I parked in a car park run by Smart Parking. It is free for the first 3 hours if you get a ticket from the machine. I was there 30 mins, but did not get a ticket as i thought it would be fine if someone was still car. I received a fine, and explained i had not left the car, and that i was there for less than 30 mins. I lost the appeal. I am sure whether or not to go to Popla, but i have to decide asap as my discounted fine is about to run out. I am upset because parking is free for 3 hours and i had not stayed long. I feel the £60 (or £100) fine is disproportionate but i do not know if i have a case. Is it worth appealing? They did have signs saying to enter your reg. But to be honest they have not been in charge of the car park for that long. In the past it had been fine. What do you think? Thanks in advance

Comments

  • fisherjim
    fisherjim Posts: 6,033 Forumite
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    I am sorry but I never understand why people think that staying in a car exonerates you from paying for parking or complying with terms and conditions.


    You must have been caught by their wonderful scamming system known as ANPR, which in any case has no idea if you got out or not!



    You obviously didn't come here first before sending that ridiculous appeal, and you should know by now that this is not a fine why do you keep referring to it as such, but you are where you are.


    The "discount" is actually a bribe to persuade you to pay up and shut up, it's entirely up to you if you want to pay already rich scammers money for nothing or to fight on.


    POPLA will reject anything to do with your situation and what you did on the day, it seems you have already closed one avenue by admitting to being the driver.


    Your POPLA appeal must be based on technicalities, signage, T&C's, COP conformance etc


    Plenty of winning examples on here, your chances of these idiots taking you to court? Well work out the odds:


    http://www.parkingappeals.info/companydata/Smart_Parking.html
  • pogofish
    pogofish Posts: 10,852 Forumite
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    Spongee wrote: »
    Hello

    I have looked at the Newbie board and could not see my situation.

    I received a fine,

    Post 1, 2:2 deals with your situation exactly - and your use of the F-word suggests you really need to read the thread again, properly!
  • Spongee
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    Thanks for replying. Your right I didn’t look at this forum first. I guess I was in shock at being fined for free parking. Sorry if this seems obvious, if I said I was in the car does this equate to me saying I was the driver? Or it does not matter because I have placed myself there?
  • Spongee
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    Thanks for replying. Your right I didn’t look at this forum first. I guess I was in shock at being fined for free parking. Sorry if this seems obvious, if I said I was in the car does this equate to me saying I was the driver? Or it does not matter because I have placed myself there?
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    I think I can answer this one Spongee. You use the royal 'we', 'the keeper' and 'the driver' as appropriate. However if you have already outed the driver on the first appeal, then the best this can be from hereon is damage limitation. If necessary avoid pronouns completely e.g. NOT 'we thought the signs were useless' but just 'the signage wasn't clear ..... ', explaining exactly how they were unclear, if relevant.

    Check out some recent POPLA appeals re. Smart Parking. They look daunting but a selective approach to copying and pasting is the way to go, plus some tweaking to make the appeal absolutely relevant and then rigorous proof reading to ensure that the finished article really is 100% appropriate to this situation.
  • fisherjim
    fisherjim Posts: 6,033 Forumite
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    Spongee wrote: »
    Thanks for replying. Your right I didn’t look at this forum first. I guess I was in shock at being fined for free parking. Sorry if this seems obvious, if I said I was in the car does this equate to me saying I was the driver? Or it does not matter because I have placed myself there?


    But you still aren't getting it you have not been "fined" you need to get a better grasp of this and take in what people on here are telling you.


    You have been invoiced for contravening some terms and conditions made up to catch you out!
  • Spongee
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    Thank you MistyZ, I think I get it now. All the replies have been helpful. But you have sensitivity in your response that is much appreciated.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    Well thing is, I'm just hanging around working off the parking obsession that has gripped me since receiving & successfully challenging a PKN. But these well-informed regulars - I have absolutely no idea how they keep up with the volume of requests for help. Hang on in there looking & learning and I reckon they will stick by you till the issue is sorted.
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