Smart windscreen PCN - Incomplete Reg No. - POPLA Appeal Rejected Delamere Street Car Park, Ashton Under Lyne

[Chris Incomplete Reg no]

Hi, I am a complete newbie here so please forgive me if this already done to death!!

 

I bought a parking ticket on a private car park. 

I thought I had entered my reg number but when it came out it had only recorded 'EE' instead of my full number.

 

I noticed the mistake so took a picture of the ticket, and also it in my car in case there was a FPN issued. 

 

Sure enough the notice came through and I appealed. 

They accepted my explanation and told me I only had to pay £20 due to incorrect Reg number. 

I felt a bit aggrieved at that as they accepted I had paid to park and not overstayed - which they accepted, so I decided to appeal to POPLA.

 

I appealed to POPLA with a full explanation

- they agreed that it was accepted I had paid but stated that the appeal was rejected

- on the grounds that the company could not confirm I had paid and therefore the ticket was correctly issued

- which is not true as they have accepted my version of events.

 

I have been told I now have to pay the full amount - which I understand is at least £100.  

 

I am of a mind to let it go to court as I can prove I paid but not sure it is worth it - if there is little chance of winning.

 

Finally, I also feel a bit mad that the only choices seem to be pay what we decide or appeal - and risk a higher price - which is not really fair.

 

Any advice would be fantastic.  Thanks in advance. 

[dx100uk]

if they want to do court you cant stop it unless you pay up...which you dont!!

and wrong reg is not a valid reason to issue a speculative invoice anyway.

no wrong reg have ever won in court 

 

please complete this:

 

x

 

d

[Chris Incomplete Reg no]

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

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 18/12/22

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Date Issued 12/01/2023
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received  Sorry not sure but about the same time of the above date 12/1/23
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Nothing that I can see relating to this Act on the Parking Charge Notice
 

5 Is there any photographic evidence of the event? yes, my car and reg on the PCN
 

6 Have you appealed? [Y/N?] post up your appeal] yes to Smart Parking and POPLA
 

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

7 Who is the parking company? Smart Parking

 

8. Where exactly [carpark name and town] Delamere Street Car Park, Ashton Under Lyne
 

For either option, does it say which appeals body they operate under.

BPA
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

Letter of rejection from Smart Parking and Response from POPLA

 

I will dig out all the correspondence and upload shortly.  Thanks very much DX. 

 

Chris

 

 

 

 

 

 

[dx100uk]

you must REDACT your scans!

had to remove them

and they dont seem to be the correct size either 

read UPLOAD carefully

scan as jpg, blank box over all reg/pcn/ref number/your name address and bar codes and QRcode box

but leave in all dates times £figures etc

 

put everything in one mass multipage pdf please

else we';ll be here all night downloading single sheets

 

use the online sites listed in upload too!!

 

we need the FULL pages and bothsides of everything.

layout is as important as their text.

 

 

[FTMDave]

Two pieces of good news.

 

Smart Parking don't do court.

 

The other private parking companies that do do court shy away from doing so with wrong reg cases - because as dx says they know the judge would just give them a kicking.

 

As you've seen, the appeals procedure is a kangaroo court.  If anything like this ever happens again, don't appeal.

 

In your appeal(s), did you out yourself as the driver?

 

 

[brassnecked]

Rule No 1 never appeal,  they would be unwise to take a wrong reg further as in law its classed as De Minimis, a trifle as its easy to put a wrong reg if you are driving partner's car, a hire or courtesy car, you paid was no loss so no course of action.

[Homer67]

Isn't the NTK out of date for keeper liability anyway?

[Nicky Boy]

Looks like it from the sticky, but would be nice to see it for confirmation...

 

However, the OP may have outed themself during appeal.

Edited April 19, 2023 by Nicky Boy

[brassnecked]

Looks like as they appealed to Smart, and POPLA likely they have outed themselves.

[dx100uk]

Can you get those full page letter s both sides everything in/out up to one mass pdf please.

 

The hidden  scans you put up don't hold the info we need 

Because they are not full pages you've cropped them 

 

Dx

[Chris Incomplete Reg no]

Hi everyone thanks so much for all the great advice,  and sorry to DX for being a nerd re the uploads.  I will re-upload them correctly when I get a min. 

 

Been distracted since my original post with family matters (good news though I am pleased to say - new baby g/daughter arrived).  

 

 it sounds as though I have negated the 'defence' of the date limit by admitting I was the driver - lesson learnt there but I did raise that as part of my appeal. 

 

They dismissed that saying that they had to go to DVLA for details or something so it is void. 

 

when I get a bit of time later I will Redact (sorry DX) and see if I can scan and upload it all.

 

Sounds like the appeal/POPLA process is a complete waste of time, again lesson learnt. 

 

Thanks Again. I will get back on soon, 

 

Chris

[Chris Incomplete Reg no]

files

 

pcn case dated 18 12 22 merged final.pdf

[FTMDave]

There's no-one on CAG who hasn't made mistakes when in legal dispute.  I've made loads.

 

The important thing is, having got it wrong once, to get it right the next time.

 

In any case outing yourself as the driver and losing POFA protection is anything but fatal.  Of course Smart Parking will destroy half the Amazon and threaten that a cruise missile will land on your home - but when it comes to it never do court.

 

Even the PPCs who do do court run away from a wrong reg case.

 

Well done on keeping proof that you paid.  That is your ace.

[Chris Incomplete Reg no]

Thanks FTMDave.  That is encouraging.  I will stick to my guns.