unfair parking ticket

mcraimer

hello guys
i am a newcomer to this site, so please bear with me...
 i would like to appeal a parking charge given to me as the keeper of the vehicle, i was not the driver at the time!!
The driver parked in a car park on Angouleme way retail park in Bury. She got out the car and proceeded to the payment machine under a high 'PAY HERE' sign. she paid the £2 fee, and left the car park within the allowed time. 
 Over 2 weeks later i received a PCN with photos of my car going in and out without paying!!! the driver insisted that they paid, and placed the ticket in the window!!
i realized that there was a mistake, since there wouldn't be a sticker given if the car park takes photos of the vehicle, rather you meant to put in the reg when paying!! so i went there to see fore myself , and discovered that where the car was parked was a private car park that encapsulates a Council's car park from 3 sides!! yet, the paying machines are a mere few meters from each other. so she saw the pay here sign, and paid, completely unaware that there are 2 different carparks there, and not even seeing the other machine !! [you have to be a lawyer to work that out] !!

we appealed to Smart Parking but appeal was rejected, insisting that there was no payment made - which is correct - according to their system!
they black mailed us that if we appeal to Popla , we will lose the offer of a reduced charge, and if appeal rejected we will have to pay £100!

now, we happen to find the ticket she paid for, which was for the Council's parking rather than to the adjacent Smart Parking!
 can anyone advise on how to appeal to POPLA???
i think that a £100 charge for parking that normally costs £1.80 - is not fair!!
also , the fact that they dont clearly make people aware of the 2 different car parks - is not fair!
when i went to check it, i foud a Smart Parking employee outside 1 of the stores , and he admitted that many people get cought out by this!!

please help
Michael

KeithP

Hello and welcome.
Yes, the Smart Parking employee is right and we see a few here.

Earlier this month we saw this thread - 
Smart Parking Fine - Angouleme Retail Park, Bury - Landlord won't help

and this one last year -
Smart Parking Ltd PCN for a lease vehicle

The third post of the NEWBIES thread contains lots of good advice on how to create a winning PoPLA appeal.

Fruitcake

Plan A is always to complain to the landowner and complain to your MP. Ask the latter to forward your complaint to the MP where the alleged event took place.

You could contact the council where the alleged event took place as well asking them to place better signs on their pay machines indicating that it is for the council car park only, and highlight that it is not for the private car park. Whilst it is not their problem, people being caught will want to go elsewhere rather than spend money locally, which is something the council should be worried about.

Local and national press might be interested as well.

Have a look at the BPA Code of Practice to see what it says about signage. If the driver paid at the wrong machine then the signage was inadequate. 

As advised above, use all the appeal points available to you from the third post of the NEWBIES.

Post your draft here for checking before you submit it.

mcraimer

hello guys
thanks for your replies
here again, we have not heard from the m since!! i hope they won't wake up suddenly to persue this again!!