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Will I win POPLA appeal
Ijem
post Sat, 16 Feb 2019 - 20:36
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Dear all,

I only registered today on this forum so please pardon me if I have broken any rule.

I am a registered keeper of the two cars in our family. I packed in a SMART Packing controlled area but mistakenly used the VRN of one of the cars instead of the actual car that was parked there on the day. I got a ticket in the post which I appealed on SMART parking website claiming that I actually drove on the day and that I committed the error but explaining that I am the registered keeper of both cars. SMART parking upheld their ticket but retained the lowered fee for a few more days for me to pay. However, there gave me a POPLA verification code in case I will like to appeal. Can I still win the appeal to POPLA having written to SMART parking initially that I was the driver on the day in question?

I count on your wealth of experience.

Thanks for your help and advice.

This post has been edited by Ijem: Sat, 16 Feb 2019 - 20:52
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post Sat, 16 Feb 2019 - 20:36
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ostell
post Sun, 17 Feb 2019 - 08:46
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After admitting your were the driver I think you're on a hiding to nothing. Take up their reduced offer while it's still active. Shame really 'cause Smart frequently get it wrong with the NTK under POFA.

However, if it went to court a judge just might agree with you the the company lost nothing and the contract was comcuded correctly and the incorrect number was de minimus. Cost of court if you lose is about £200.

This post has been edited by ostell: Sun, 17 Feb 2019 - 08:48
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Jlc
post Sun, 17 Feb 2019 - 09:37
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POPLA will rule with Smart.

If you hadn't admitting driving then you probably had a dead cert winner.

Personally, I wouldn't pay them - Smart are not currently litigious but they do have 6 years to pursue you.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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