Free Traffic Legal Advice

Gym car park is owned / monitored by Smart Parking. They have two tablets on the front desk where you need to input your registration when you visit to get 3 hours parking. I received a PCN on 28/11 for a convention dated 07/11.

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Original PCN: https://imgur.com/a/xtwyGyj

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When I received this I contested it via their website. I did not give them any of my personal details, I just filled out the text box to words of this effect (I do not have a copy of the exact message I'm afraid)

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I have visited this gym countless times and enter my registration every single visit, this incident was no different. Your tablets must have had an issue and not registered my entry. I will not be paying this.

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I submitted that on the day I received the original PCN.

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Today, 10/01, I have received further communications. Please see here: https://imgur.com/a/132mtul

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I genuinely believe I entered my registration on the tablet, I've visited over 50 times and never forgotten. Of course, I cannot prove this - but how can they? In my opinion, just because other registrations were recorded that doesn't prove they were working at the time I visited. For instance, the internet could've dropped for a few minutes.

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Feedback appreciated. I understand I probably shouldn't have contested it before consulting a forum such as this. A lesson learned.

Stepping out of line...again..

The template is really longwinded and IMO misses the key issue (which should be in the title) which is whether the creditor has any standing in law to bring a claim in their own name against a user of the site in question.

The assessor will want to satisfy themselves on this point before considering any other case-related issues because without being convinced on these matters they could not uphold a party's claim i.e. to state that they believe that the creditor has a legitimate claim.

Therefore, the creditor must:
Show their lawful authority to offer contracts on this site;
Demonstrate that they may issue claims in their own right and not merely as the agent of the landowner;
Establish that the value of these claims has the landowner's approval.

+any other general issues of contract law which apply, not the minute detail in the template.

IMO, basic general principles and nowt to do with PoFA/CoPs etc. etc.

There's a school of thought which holds that the vast detail in the template should be submitted as part of a keeper's appeal because this would demonstrate their 'knowledge' and potentially discourage the creditor from pursuing their case with the IAS. However, IMO an equally valid argument is that instead of firing such a broadside which includes some issues which won't necessarily bear upon their case, a keeper should submit the higher level points and then wait until the creditor submits their evidence and then examine this against the framework in the template and make their rapier thrusts in the context of the creditor's submission.

But OP, if it's easier to cut and paste from the template and this suits you, go ahead.

As regards substantive issues, IMO you must lose at IAS as regards your compliance if the creditor has records of other VRMs at this time. Why should an assessor disregard such evidence simply because you say you entered your VRM? On which point, have you walked us through the process of registration e.g. press screen to start, enter your VRM noting distinction between 'O' and '0' and 'I' and '1', please confirm the details on this display and press enter to continue or back to amend, your details have been registered....or what?

Has the OP gone back to the gym and stomped their feet yet?

Hi all, thanks for the replies.

Unfortunately, I'm no longer a member of the gym - should have added that point. I have emailed them and will attempt to call them tomorrow and at least try though.

I guess if they won't help it's time for a POPLA?

Can I use the above?

Only if the below sentence is true...

In this case, I cannot see that the driver of the vehicle has been identified at any point in the appeals process.

It seems from your appeal as posted in your opening post that you did identify the driver?

OP, pl stop looking for a silver bullet, there isn't one at this stage and it's simply absorbing your time.

Have you engaged with POPLA yet, have you got a feel for their processes and methods? You should do as you'll feel more comfortable as time goes on. Specifically, you'll need to know how to access the creditor's evidence which you should do as soon as possible after it's submitted because in this way you'll give us and you the maximum time to review it and suggest comments.

I did add 'at this stage' to cover this point because landowner authority remains an unknown with what we know now.