PCN from Smart Parking whilst loading Options

[larold]

Hi folks,

Just wondering if you think I have a fair chance with this one. I was working, loading boxes out from an address which you cant access any other way than using the Smart Parking controlled land (It's not really a car park). I was there for 18 minutes and then left. I'm really tempted to take the appeal to POPLA as I was loading at one of the buildings who presumably employ 'Smart Parking' and I would have thought you're allowed to load anyway. I've actually been at the exact same place a number of times over the past year and never had a ticket before.

I've attached the original fine letter and the refusal of the challenge.

Thanks very much



I'm guessing contacting that building and seeing if they can do anything is probably worth a shot

This post has been edited by larold: Wed, 24 Feb 2021 - 23:26

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[ostell]

You need to drum into the people that handle the hiring that they can name the employee that has the van as the keeper if they are not willing to handle it themselves.

There is an advantage in the company handling it in that if there us a POFA fail then action cannot be taken against the company as the driver as a corporate body they could not possibly be the driver.

This post has been edited by ostell: Fri, 26 Feb 2021 - 10:23

[Dave65]

As you have said go back to the place where you delivered to and ask them if they can help.

[Sheffield Dave]

So I asked you a bunch of very specific questions in order to clarify things, but unfortunately you've only given me some vague general answers.

In particular, their reply rejecting your appeal. Was it addressed to you personally or to the company? This is important, in terms of do they think they know the driver, and are they likely to sue you or the company.

[larold]

So I asked you a bunch of very specific questions in order to clarify things, but unfortunately you've only given me some vague general answers.

In particular, their reply rejecting your appeal. Was it addressed to you personally or to the company? This is important, in terms of do they think they know the driver, and are they likely to sue you or the company.

It was addressed to me personally, now that I placed the appeal they are contacting me directly. Yes they think they I was the driver at the time, and this is exactly what I'm talking about, if the company so much as heard the word 'sue' then they would just name me straight away as the driver. That's why going down that route is just not worth the time and hassle of a £60 fine, for me at least.

[ostell]

So my post still stands. You company needs training to be able to handle these correctly and with minimal cost to everyone. As I said they just respond naming you as the keeper. The company cannot name you as the driver, they were not there at the time.