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Tower Road, Newquay

Just to say, I'm the latest to fall victim to Parking Eye, at Tower Road, Newquay. I am unfamiliar with Newquay, but wanted to visit Huer's Tower, and knew it was nr Fistral Beach. As I approached I saw a sign by the road proclaiming 'Nearest Car Park to Fistral Beach' to the left, so parked in there. There were two parking machines near the entrance, which I read carefully as they also were of an unfamiliar type. One had to key in one's Car Registration Number together with the length of time required, so I paid for 3 hours. A very reassuring sign placed over the Parking Meters clearly said words to the effect of, "Don't worry if you're longer than intended; you can pay the excess when you return". In the event, we got lost (couldn't recall which car park we were in), but eventually found it and paid the extra, which I think was for 1 hour. Anyway, it was still within 'limits'. I've now had letter from PE asking us to pay £100 (or £60 if prompt). It says nothing about us having paid any money into the meter, but says, ''... signage clearly displayed at entrance. states that this is private land, the car park managed by PE, that max. free stay is 0hrs 0mins...'. We never saw this signage, and didn't even consider looking as we'd located and paid at a meter. I would be most grateful for advice on how to phrase my letter of Appeal and Complaint'.I also understand from this Forum that the car park is owned by Nequay Golf Club, and I'm considering complaining to them also. Also to Cornwall Council and perhaps the main Cornwall newspaper to say that 'Piracy is not dead in Cornwall. Perhaps that will reach the national press!
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Comments

  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Sorry OP, but can't read through that wall of text, and most other regulars won't want the headache of trying to decipher.

    I've read you post on the old thread you jumped in on; glad you've started a new one of your own. Anyways ........

    From a skim read, I think you parked at the golf club? This isn't the Fistral Beach car park which is now in the clutches of Smart Parking. PE are a different kettle of fish, so you need to follow the NEWBIES sticky to the letter.

    The one piece of advice with PE in these early stages, is that you need to work within their deadlines, or you are potentially facing small claims court papers.
    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
  • Parkrage
    Parkrage Posts: 147 Forumite
    Out of interest, do the Parkinbg Companies have to pay a fee every time they lose a case at POPLA?
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    oh yes , win or loose , £27 + vat
  • Parkrage
    Parkrage Posts: 147 Forumite
    Pity it's not 10 X that! Just about to compose my appeal based on lack of signage
  • Parkrage
    Parkrage Posts: 147 Forumite
    Any advice on what to say in a letter of complaint to Newquay Golf Club who, I understand, own this cap park?
  • Parkrage
    Parkrage Posts: 147 Forumite
    Is it appropriate for me to comment on GPEOC in my Appeal to PE, considerin in their letter to me they said, ''... signage clearly displayed at entrance. states that this is private land, the car park managed by PE, that max. free stay is 0hrs 0mins...'.

    I had stayed (they say) for 4 hours 15 minutes, and I had paid for 4 hours. (3 hours + 1 hour). The 15 minutes was taken up by the time they photographed my car entering the car park , and subsequently leaving it.

    They are trying to extract a PENALTY of £100!!!
  • Just to clarify, there are 3 or 4 different car ppc managed car parks on Tower Road.

    There is some question about the demarcations between each car park.

    The golf club car park is run by Parking Eye. The sh*tty little cafe and crazy golf course is (I think) run by Parking Eye. The furthest one down Tower Road is at the Holy Trinity Church, run by Parking Eye. Father Brian is "allowed" to let off 12 people a year.

    I'm happy to photo the signs for you, please try and be specific :)


    The Tower Road car parks are distinct From the Fistral Beach beach car park off Headland Road, which is run by SMART. (Parking Eye got kicked out.)
    Illegitimi non carborundum:)
  • Parkrage
    Parkrage Posts: 147 Forumite
    The letter from Parking Eye saysit was Tower Road car park.

    As I said above there was nothing obvious to suggest that it was anything other than a local authority-run car park. I saw no signage saying that "this is private land, the car park managed by PE, that max. free stay is 0hrs 0mins...", so it can't be as clear as PE are making out in their letter.

    I was certainly not aware that cars were being photographed as they came in and out, and that the time of stay would be calculated as being between the times of these camera shots.

    Indeed, I was lulled into a completely false sense of security by a prominent notice above the parking meters to the effect of, 'Don't worry if you stay longer than you intended. You can pay the extra when you return' - which I did
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    that max. free stay is 0hrs 0mins...

    That statement is usually put into a PE PCN when there was a requirement to enter a registration plate number into the P&D machine, or in a shop computer terminal that the motorist was using and where the reg no has either not been entered or not entered correctly. Was this the case here?
    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
  • Parkrage
    Parkrage Posts: 147 Forumite
    I'm not sure I understand what you mean Umkomaas. :-/ . There was a large sign above the two parking meters to the effect that, 'Don't worry if you stay longer than you intended. You can pay the extra when you return'. I did key in my Registration number and paid the requisite amount for a stay of 3 hours. In the event I stayed for 4 hours so, on my return, keyed in my registration number and paid the money for the extra hour. Interestingly the Fake Parking Notice made no mention of my having paid anything at all.
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