SmartParking/We paid £6 for all day but ticket said £5

caynick

Hi all,

I am a support worker for 2 adults with learning disabilities and I have been asked to look into this for them. The driver drove them in 1 of their cars to Fantasy Island Car Park - signs said £6 all day - they put 6 pound coins in and got the ticket, it said £5 paid and no £1 change/warning notice was given, checked the change tray, nothing. They spoke to the attendant and he said it was fine.

We later received a PCN saying we had paid for 120 mins and stayed for 180. We appealed using the keepers name (obviously now wish I had read the newbies stickie first) and they have rejected this. This has caused the keeper and my boss much distress and they want me to look into it,

Is it now a simple POPLA appeal case or do you have any suggestions? ie I have named the keeper.

All help appreciated, cheers x

Fruitcake

If Smart only know the name of The Keeper, you should edit your post to remove information about who was driving.
Only ever refer to The Driver and The Keeper, who are different people.

Do you man The Keeper is one of the adults with disabilities, not Motobility or similar?

In any case, you should construct a PoPLA appeal using all the relevant points available to you from post 3 of the NEWBIES. Post your draft here for checking before you submit it.

Was the NTK POFA complaint? What was the date of the alleged event and the date The Keeper received the NTK?

Do you or someone else have power of attorney so that the appeal can be made on behalf of the keeper?

Worst case, The Driver could be identified and the clock reset, but a Driver appeal is harder to win at PoPLA than a Keeper appeal.

The Driver can always be revealed at a later date if necessary after PoPLA so I would suggest an appeal in The Keeper's name would still be a better option at the moment.

The PoPLA appeal would normally include the following points.
Not the landowner
No standing to issue charges
Frustration of contract (faulty pay machine and false instructions from the scammers operative)
Inadequate signage
Non POFA compliant NTK.