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ParkingEye fine Tower Road Newquay

PTJBS05
PTJBS05 Posts: 41 Forumite
edited 2 September 2015 at 3:50PM in Parking tickets, fines & parking
HELP ! As a law abiding citizen who always pays her way I am deeply upset to return from holiday to find £100 parking charge notice. I am gutted, feel sick, holiday budget is long gone and this is so much money. We didn't go abroad this year to save money and this smacks me in the face, I could cry !
Anyway less of the sob story. We went to Fistral beach a couple of days before we left for home, we don't know the area and were very focussed on finding parking to the beach. The driver drove into what was thought to be a pay and display with 2 distracting young children in the car ready for their tea so I think the driver may have missed a sign that said private car park ???? . I am the registered keeper. The driver paid what we remember to be a £3.20 ticket which from memory gave the driver up to 2 hours. The Driver got the tickets I can only assume that he has missed something to the effect that it is a private car park. We had no idea. We returned to the car within the 2 hours and left. Sadly I no longer have the ticket, on our return we had half of Cornwalls beach in our car and I had it valeted, the ticket is gone. This notice has been received on the 13th day of the event. It said it was on private land. After reading some other threads I think it is owned by the Golf Club, not sure, but we did walk passed a golf course to get to the beach. I am sure their signs probably explain all this so I guess my question is what are my chances of an appeal with adequate signage and no ticket as proof ? These guys must be making a FORTUNE as I can imagine families missing all this info with kids etc this was a genuine mistake and I am feeling very silly and worried about finding the funds to pay it. Any advice welcome. Shall I appeal to Parking company ? Shall I complain to Golf Club ? Would POPLA (not sure if this is correct name just noticed it on other threads) take this seriously without a ticket as proof ? Thanks in advance. (red faced)I should also mention I am 10 hours away from this place too and cant check anything .
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    You haven't broken any law, and your record on that score remains clean!


    Read up in the newbies FAQ thread on what to do now.
  • Ralph-y
    Ralph-y Posts: 4,563
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    No do not pay ....... this is a common problem area ...:o

    please read through the newbie thread

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    which will explain all ....

    come back with any questions there after :)

    oh and please try and format any posts that you make as it is hard to read a large block of text ;)

    Ralph:cool:
  • ampersand
    ampersand Posts: 9,555
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    cross-posted ralph-y - my apologies. Great minds etc...
    #
    Welcome to mse - op.

    Just break and space your block of text for easier reading :-)

    Your holiday has not been spoiled.

    Just put Fistral into the Search box and learn your way around the forum toolbox. It contains everything you need.

    For fun, follow IvorPECheque's successful adventure on this forum and you'll have the start of your next holiday fund.

    #
    Now, get things right way about. THEY don't set the agenda for who must prove what. YOU do.

    They don't own the land, so can't demand money [with menaces, a. k.a. unenforceable invoices]as if they do.

    Is it ParkingLie?

    Just have several calm reads of the Newbies stickes and send the rebuttal you find there, tweaked to fit.
    NO MITIGATION. NO SOB STORY.

    Save any bigger guns for what will likely be a POPLA appeal to Ombudsman Services Ltd. This is the new lot who go live 14 September and are taking on the adjudication process.

    So, for now - 1st rebuttal. Keep proof of posting, free from P.O. or screen shot online.
    Wait for pages of irrelevant guff and a refusal, probably, from Parkinglie, if it is they.
    Read about making an appeal to the new popla peeps and let us see any draft before you send it.

    Remember what a lovely time you've had in Cornwall - that's the real memory.
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  • PTJBS05
    PTJBS05 Posts: 41 Forumite
    Wow what a difference you guys have made to my day, not only am I now smiling I am calm and don't feel very stressed anymore. For that I thank you.


    I have also learned lots of new things from reading your replies, the newbie thread and the POFA.


    I now understand that my first post was FULL of mitigation (a new word for a working mummy )


    I also understand that I have not broken the law, so feel better.


    I am trying to improve my punctuation too with the paragraphing (hehehehe my bad)


    Thank you very much I will make a start with this advice for appeal. The only question I have so far is after reading the POFA paragraph 9 I can see that the PARKING CHARGE NOTICE that I have seems to comply with every single point. With this in mind shall I refrain from using the following :


    d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability

  • PTJBS05
    PTJBS05 Posts: 41 Forumite
    Also I wondered are the SUB HEADINGS in the template just for my reference and do I remove them from my letter ?


    ie; formal challenge ? drop offer ? breach of CCR etc
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I am gutted, feel sick,


    Get a grip, this is an unsolicited invoice from a company which operates at the fringes of the law. Only people who buy scratch-cards and holiday in Sharm el Sheikh pay these.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,252
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    If the PPC is ParkingEye, it's likely to be the golf club in Tower Road. I think you need to punch your car registration number into the ticket machine. Your husband may have overlooked that requirement, or possibly transposed or incorrectly input a digit.

    If the PPC is Smart Parking it will be Fistral Beach car park, and Ivor Pecheque will be able to help.

    Whichever PPC/location it is, this can be beaten by working through the NEWBIES FAQ sticky - post #1 (and #2 for acronym explanation) will be your main focus in this initial stage.

    PS - use the headings as shown in the initial appeal.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • PTJBS05
    PTJBS05 Posts: 41 Forumite
    Yes it was PArkingEye and I believe it to be the Golf Clubs Car Park.


    I will use the template for ParkingEye and I am just drafting a complaint to go directly to the gold club as advised in the NEWBIES sticky. Not sure if this is the type of thing I should send ? without admitting any driving liability ?




    Reference : Parking Charge Notice – ParkingEye


    Dear Sir / Madam
    I understand that you are the land owners of the Tower Road Car Park. After a recent holiday in Newquay with my young family I came home to a letter addressed to the registered keeper of my vehicle. It is a Parking charge of £100.
    We are not very happy to get such a threatening letter and do not feel that it is a fair charge for a genuine mistake. Whats worse is the signage was not clear for this to be a private car park as it was not noticed.
    It was genuinely thought to be a pay and display for the beach. A ticket was purchased for a 2 hour stay and the stay was less than the ticket purchased. With this in mind we would ask you to cancel the charge. The space was paid for and the overlooking of the signage was a mistake. The charge does not seem to be a reflection of any loss, it doesn’t make sense.


    Please respond at your earliest with a cancellation of this charge.


    Yours Sincerely
  • PTJBS05
    PTJBS05 Posts: 41 Forumite
    Sigh, so much to read.


    I just read I should not rush into an appeal, should I send the template to ParkingEye after 3 weeks or as soon as possible ?
  • Redx
    Redx Posts: 38,084
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    edited 2 September 2015 at 3:06PM
    seems reasonable and doesnt give away any drivers details

    as for the NTK, if its a postal NTK you appeal using the template asap and definitely before the appeal window expires after 28 days

    popla no longer accept appeals, so any further appeal goes to the Ombudsman Service, possibly via popla

    popla doesnt allow an appeal on the grounds of buying a valid ticket so assume the OS wont either

    your appeal will be based on the usual legal arguments, not mitigation

    in future , keep these parking tickets safe, they are the written record of your contract to park , so as valuable as your asda shopping receipt or an argos receipt
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