Smart Parking PCN - Appeal rejected, paid wrong parking location

jraf

I have appealed a parking charge from Smart Parking for a car park at Milton Keynes Central Station as below

Date of issue: 28/6/24
Date of alleged inciedent: 13/6/24

The RingGo app was used pay for a full day of parking and when I submitted this as evidence in the appeal it was rejected on the grounds that wrong location (9691 instead of 21587) was paid for. The location on the ringgo app that appeared as the closest to the driver's location when parked was the one used.  This was an honest mistake and the cost of parking for the day was exactly the same.

How can I appeal this successfully with POPLA?  I have not named the driver but am being pursued as the keeper.  I understand under POFA the PCN must be issued in 15 days which may have been breached as per the above dates but there is no reference to POFA in the PCN that I can see.  I am also uncertain who the landowenr is or how to find this information to appeal to them.

Any help or advice would be much appreciated.  As parking was paid for it doesn't seem fair that they rejected my appeal.

Grizebeck

All you need is this. That's it, nothing else

" the parking operator does not have a contract at this site to issue pcns"

jraf

Thanks for your reply.  SOrry I'm not sure I understand your argument - parking was paid for at the wrong location.  The location the vehicle was parked in is the one managed by Smart Parking

Gr1pr

Which does not change the advice given, so appeal as keeper with the wording provided above 

Grizebeck

jraf said:

Thanks for your reply.  SOrry I'm not sure I understand your argument - parking was paid for at the wrong location.  The location the vehicle was parked in is the one managed by Smart Parking

Irrelevant copy and paste the text ive given you

jraf

Sorry, to be clear my vehicle was parked in a car park designated to Smart Parking and parking was paid for in a completely different car park.  SO how can it be argues that they don't have a contract at the site to issue PCNs?

Gr1pr

Because if they don't have that contract, the PCN is unenforceable, regardless of the background information 

Landowner authority is questioned in all appeals and in court defences

Payment for the incorrect car park definitely won't win a Popla appeal !

Grizebeck

just copy and paste the text given
it really doesn't need a discussion 
We know what we are doing

jraf

I appreciate the advice, I just want to understand the reason for it.  So are you saying that Popla are likely to hold up the appeal because Smart Parking likely won't provide a copy of the landowner contract or don't HAVE a landowner contract?  Just very curious to understand why this is the recommended appeal channel.  And aditionally is there a template letter for this type of appeal?

Grizebeck

ive already given you the text to use in this, that is the template text
I am not sure why it works, its always worked
come back to us when the ticket is cancelled

Coupon-mad

And additionally is there a template letter for this type of appeal?

No. Just bung that exact sentence in under 'other' in the POPLA appeal page.  You could also add one more sentence if you are wary:

The Notice to Keeper is non-POFA.

Both points win. Always win. Easy!  You could not have asked for a simpler one. Trust us.

Come back and tell us when Smart Parking throw in the towel this month.