Smart Parking ANPR PCN - HAVEN BANKS ,EXETER - mistyped reg **CANCELLED BY MP/SMART**

[Primrose2000]

Hello

PCN issued by Smart Parking for wrong VRM a zero instead of O was entered.

The alleged contravention happened at HAVEN BANKS RETAIL PARK EXETER

 

A ticket was purchased for the time parked but a zero was entered instead of letter O

PCN received 06/11/17

Date of alleged contrevetion 21/10/2017

 

I appealed, not realising that I had entered a zero instead of O.

Not sure if I disclosed the driver ( sorry didn't realise at the time what a mistake that may have been).

Sent supporting evidence of purchased tickets- I had know idea what I had done wrong.

 

Appeal refused although they acknowledge my tickets as eveidence of tickets purchased.

Appeal refused as a zero was entered instead of the letter O

 

I'm now appealing to POPLA

I'm struggling to get my head around the legal jargon and which bits apply to my case.

Any help would be much apprieciated.

[ericsbrother]

did you send a copy of the ticket or the actual ticket?

 

as for appealing,

it will be a waste of time as POPLA ignore the law and decide that the wording of the sign is paramount regardless of whether the parking co has the right to be there, planning consent or the fact that case law says you are OK.

 

There are other threads here about this site

so yours is not unique or in reality that difficult to defeat a claim,

it is just a long haul not a short hop.

[DragonFly1967]

I don't feel that whether or not you've identified the driver matters too much in this case.

 

Daft Parking have refused your appeal, Poopla is a bit of a lottery as to whether they'll allow or dismiss your appeal. But even if you end up loosing at Poopla, Daft parking will 100% lose if they are stupid enough to take you to court.

 

Make sure you keep the P&D ticket and anything that you get from Daft Parking, any of their pet DCA's, any tame "solicitors" or anyone else.

 

I don't think that any judge in the land will find in favour of Daft Parking on the basis of a 0 instead of an O (there are plenty of persuasive cases for you to quote) and at that point, you take them to the cleaners for all of your costs, so it's a lose-lose for them, there's just no way for them to win!

[Primrose2000]

I sent copies, luckily I wasn't stupid enough to send them the actual tickets.

Thanks for your reply

[silverfox1961]

Hi and welcome to CAG

 

(NOT SO) Smart Parking have tried this on many times. Each time it went to court, the fact that a ticket had been purchased meant that there could be no loss and the fact that an 'o' ws used instead of a zero is a minimal error.

 

There is another site, The Peel Centre where the ANPR cameras are not linked to the machines. this is deliberate as this would mean that you wouldn't be able to input a wrong number if the ANPR and machine were linked.

 

This car park is exactly the same. Check out some of the peel centre threads.

[silverfox1961]

Oh yes, can you fill this is for me please

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

the exact address or postcode will help us use the web to find the area and see if we can spot any signs.

[Primrose2000]

For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 21/10/2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 03/11/2017

 

3 Date received 06/11/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No

 

5 Is there any photographic evidence of the event? Yes entry and exit photos

6 Have you appealed? {y/n?] post up your appeal] yes online, unfortunately didn't take a screen shot sorry

Have you had a response? [Y/N?] post it up

yes I've had a response

 

7 Who is the parking company? Smart Parking

 

8. Where exactly [carpark name and town] Haven Banks Retail Park, Exeter, Water Lane, EX2 8DP

 

I'm trying to work out how to upload the response to my appeal.

 

Many thanks to all that have replied so far.

[dx100uk]

click and read upload

[Primrose2000]

Ok thanks working from an iPhone, will try to work it out asasp

[silverfox1961]

Based on the location stated, this site includes The Range. Luckily the Google Streetview car has been around the site. The images were taken in October 2016 so they may have changed. All I can see are two signs next to the P&D machines. There are no other signs visible so a trip to the site is needed to count the signs and placement.

 

As it stands, there is insufficient signage to convey contractual terms as well as the inability of the machines to tell the difference between an 'O' and a zero

 

POPLA should uphold this appeal but there have been changes and they are not as good as they used to be. Just be thankful Smart Parking are not members of the IPC.

 

In 2017 Smart Parking issued over 27,500 tickets yet only took court cases in 17 of them. You can do the maths to work out your chances of it getting that far.

[Primrose2000]

Thank you for taking the time to look into my case and for your advice.

 

I feel that the signs and ticket machine notifications are insufficient, there are some recent cases online with photos I've seen.

 

I contacted my local MP,

he has very kindly contacted Smart Parking asking them to "urgently review my case" and more.

 

He will contact me as soon as he hears from Smart Parking.

 

I'd be very grateful if you'd consider reading through my POPLA appeal letter to ensure I have included he correct appeal points?

[Primrose2000]

PCN and APPEAL REFUSAL FROM SMART PARKING

Photo.pdf

Edited December 2, 2017 by Primrose2000

[dx100uk]

had to hide that as your left reg number in text twice

[Primrose2000]

had to hide that as your left reg number in text twice

 

Oh I thought I'd got them all, thanks for letting me know. That small print is so hard to read.

Can I delete that attchment and add the amended one?

[dx100uk]

upload a new one the old one is hidden bar siteteam and you.

 

dx

[silverfox1961]

So, just because there was a mis-match on their systems, they deny your appeal whereas if they linked the machine to the camera a mis-match would never happen. They don't do this obviously as it would remove their cashflow.

 

There is no loss-you paid! POPLA should recognise this. The accidental typing of 'O' instead of 0 is a minimal error and as such, POPLA should uphold the appeal.

 

In the event POPLA deny your appeal, Smart Parking would have to get a county court judgement against you and I can't see a judge allowing this. It is an unfair term, not negotiated so a judge should slap them down

[ericsbrother]

also case law on your side.

 

They know this but greed overrides sense so they will try their luck.

 

When it gets to a point where they realise you arent going to just back down and pay up

they will chuck their hand in

 

be prepared for the long haul

 

start gathering your evidence now,

such as pictures of

the signs at the car park,

pictures of the parking meter itself etc.

 

What we want is on most threads so have a good read.

[Primrose2000]

Hi

Is there a minimum time that they should have replied to my appeal by?

[dx100uk]

nope

 

you need to re upload your earlier attachment redact it properly first please

read upload

[Primrose2000]

Amended PCN AND APPEAL REFUSAL

docs1.pdf

[AMR001]

Hi

 

We've just received 3 PCNS for the same car park 2 for the same date and time so duplicate.

 

Having had personal experience with Premier park in Torquay with Premier and Popla appeals declined

I have just sat it out which is horrid as you get debt collector letters and solicitor letters from Wright Hassell and the costs goes up to over £250!

The supposed contravention happened in Feb and they stopped writing in July.

 

With regards these latest two, one on 22nd November and one on 24th November at Haven Banks, we have the tickets with the correct times and number plates.

 

I have contacted trading standards who don't feel there is enough evidence to prove a criminal offence

but advised don't bother with the appeal just write to them to advise that you have the tickets and then leave it.

 

I am also going to write to Ben Bradshaw. I

think the more people who write about these private parking firms getting their money from bullying and threatening tactics,

including when people haven't made any mistake, the more chance of the law being changed.

 

Personnally I wouldn't bother with POPLA as they'll probably decline it too.

I would sit it out (it's really really horrid to do so but they've gone away at the moment and bring it on if they want to take me to court) - up to you.

 

lots of advice elsewhere too but so much to wade through and too time consuming to go down that route again.

I've emailed the address on the PCN (not shown as opened) and

I may send a recorded letter advising them if they continue to harass, threaten and bully I will take it further.

 

Good luck

[dx100uk]

need to start a new thread

of you own please

 

this one is for advising primrose

[AMR001]

Oh really sorry I thought I was but putting some background information to help with their decision on what to do.

[ericsbrother]

unfotunately your approach isnt one that is helpful to others.

We can advise you on what to do when they come back at you again.

Also Trading Standards do not deal with civil jurisprudence so a waste of time contacting them.

 

Comaplininmg to your MP is useful but you need to be very precise on the whys and wherefores of the matter and you have not given an idication that you fully understand things.

 

It has nothing to do with parking, it is about contract law and you cant change that via Parliament, just how it is applied to parking in a very llimited manner.

[Primrose2000]

Hi I have taken some photos of signs and payment machines on the havens bank retail park.

Any advice on how they will or will not help my case would be much apprieciated.

Photo 4.pdf