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  • FIRST POST
    • Alison1107
    • By Alison1107 15th Oct 16, 8:47 AM
    • 10Posts
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    Alison1107
    PCN from fistral beach Newquay
    • #1
    • 15th Oct 16, 8:47 AM
    PCN from fistral beach Newquay 15th Oct 16 at 8:47 AM
    A couple of days ago i received a PCN from smart parking at Fistral Beach Newquay.
    We had originally parked at harbour car park and paid £9 for the day as my partner was going to a sea fishing trip. The trip was cancelled last minute and we decided to go elsewhere. i paid for my parking using the phone and pay parking app, looking at the app it was giving me an option to move car park, we drove down to fistral beach where we pulled in and i tried to use the move option of the app to transfer car park. Being new to the area and new to using the app i wasn't quite sure how it all worked. once the app wouldn't let me move £9 i had already paid in harbour i decided to give cornwall council a ring and see if i could move car park (i presumed it was ran by the council) when they couldnt help we left the car park and moved on.
    Do you think i should appeal against this or should i just pay up?
Page 1
    • Autolycus2000
    • By Autolycus2000 15th Oct 16, 9:43 AM
    • 35 Posts
    • 38 Thanks
    Autolycus2000
    • #2
    • 15th Oct 16, 9:43 AM
    • #2
    • 15th Oct 16, 9:43 AM
    Do NOT just pay up. There is no need.

    However, you do need to appeal - with help from people on here.

    It would be useful to see a copy of the PCN (with personal and vehicle details redacted).

    Does the PCN say how long you were in the car park for? You're supposed to be allowed a grace period in which to read the signs in the car park and decide if you want to stay once you've read the T&Cs. Depending on how long you were there, that could be one of several points to make in your appeal.

    More details please. And in the meantime, do not contact Smart Parking and do not say anything on here or to them to identify who was driving the car.
    • Alison1107
    • By Alison1107 15th Oct 16, 5:35 PM
    • 10 Posts
    • 3 Thanks
    Alison1107
    • #3
    • 15th Oct 16, 5:35 PM
    • #3
    • 15th Oct 16, 5:35 PM
    I tried to post a picture but it says i cant as i am a new user sorry. it shows a picture of me entering and exiting the car park. i think i was probably over the grace period time.
    Last edited by Alison1107; 16-10-2016 at 9:58 PM.
    • Fruitcake
    • By Fruitcake 15th Oct 16, 7:18 PM
    • 36,467 Posts
    • 73,293 Thanks
    Fruitcake
    • #4
    • 15th Oct 16, 7:18 PM
    • #4
    • 15th Oct 16, 7:18 PM
    Please read the Sticky thread for NEWBIES then appeal using the BPA template in blue you will find there.

    Save lack of grace periods for PoPLA, along with all the other standard appeal points. The important thing at the moment is to send off the initial appeal whilst you research how to beat Not-so-smart at PoPLA.

    To post pics, upload them to a web hosting site such as tinypic or photobucket then post the URL here, but change http to hxxp and someone here will change it back to a live link.
    Make sure the web hosting account is not in your real name, personal info is redacted, and there are no other pictures in the account. People have been known to have personal pictures and documents in albums linked to stuff they post here.

    Private parking companies monitor these sites.

    Also, be wary of posting precise times as PPCs have been known to identify users from that.
    Last edited by Fruitcake; 15-10-2016 at 7:20 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 15th Oct 16, 9:28 PM
    • 40,488 Posts
    • 52,378 Thanks
    Coupon-mad
    • #5
    • 15th Oct 16, 9:28 PM
    • #5
    • 15th Oct 16, 9:28 PM
    Has the 'NEWBIES PLEASE READ THESE FAQS FIRST' thread become invisible? How are so many new posters missing it?

    The first appeal is there already in template form.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Alison1107
    • By Alison1107 16th Oct 16, 9:00 AM
    • 10 Posts
    • 3 Thanks
    Alison1107
    • #6
    • 16th Oct 16, 9:00 AM
    • #6
    • 16th Oct 16, 9:00 AM
    I didn't miss it it was one of the first things i read i did a lot of research using the threads on here before i even posted. I found the NEWBIE FAQ thread very helpful thank you. After that i posted on a thread where someone had a similar incident at the same car park. i was told that if i needed further help i should start my own thread. Thats what i did. i just wanted some advise as to whether it would be worth fighting it under the circumstances stated above.
    Last edited by Alison1107; 16-10-2016 at 9:00 AM. Reason: spelling error
    • Alison1107
    • By Alison1107 16th Oct 16, 9:13 AM
    • 10 Posts
    • 3 Thanks
    Alison1107
    • #7
    • 16th Oct 16, 9:13 AM
    • #7
    • 16th Oct 16, 9:13 AM
    do i have to state what happened within the template or send it just as it is?
    • Fruitcake
    • By Fruitcake 16th Oct 16, 10:10 AM
    • 36,467 Posts
    • 73,293 Thanks
    Fruitcake
    • #8
    • 16th Oct 16, 10:10 AM
    • #8
    • 16th Oct 16, 10:10 AM
    do i have to state what happened within the template or send it just as it is?
    Originally posted by Alison1107
    What happened on the day is irrelevant, and you may inadvertently give away the driver's details.

    Copy and paste the template, then send it off.

    You will the need to research about how to win at PoPLA so you can beat the scammers when they reject your initial appeal.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Autolycus2000
    • By Autolycus2000 16th Oct 16, 11:18 AM
    • 35 Posts
    • 38 Thanks
    Autolycus2000
    • #9
    • 16th Oct 16, 11:18 AM
    • #9
    • 16th Oct 16, 11:18 AM
    i just wanted some advise as to whether it would be worth fighting it under the circumstances stated above.
    Originally posted by Alison1107
    If in doubt, fight it.
    • Alison1107
    • By Alison1107 16th Oct 16, 4:56 PM
    • 10 Posts
    • 3 Thanks
    Alison1107
    Thanks for your help. will look into POPLA, sounds like its gonna be a long ride!
    • Fruitcake
    • By Fruitcake 16th Oct 16, 5:18 PM
    • 36,467 Posts
    • 73,293 Thanks
    Fruitcake
    Thanks for your help. will look into POPLA, sounds like its gonna be a long ride!
    Originally posted by Alison1107

    Don't miss the deadline for you initial appeal. Get that done and dusted first, then research PoPLA.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Alison1107
    • By Alison1107 16th Oct 16, 5:22 PM
    • 10 Posts
    • 3 Thanks
    Alison1107
    how do i find out when the deadline is? i have 14 days to pay £60 or £100 within 28. i presumed it would be to send it within the first 14 days
    Last edited by Alison1107; 16-10-2016 at 9:57 PM.
    • Autolycus2000
    • By Autolycus2000 16th Oct 16, 8:35 PM
    • 35 Posts
    • 38 Thanks
    Autolycus2000
    You have 28 days to appeal. And that ought to be stated somewhere on the PCN too.
    • Alison1107
    • By Alison1107 16th Oct 16, 8:38 PM
    • 10 Posts
    • 3 Thanks
    Alison1107
    Thank you. I'll have another read through and see if I can see if it says how long. I didn't see it earlier hence why I asked.
    • Autolycus2000
    • By Autolycus2000 16th Oct 16, 8:40 PM
    • 35 Posts
    • 38 Thanks
    Autolycus2000
    It says the car was in the car park from 13.13 and exited at 13.37. So i think this was probably over the grace period time.
    Originally posted by Alison1107
    I'm not nearly as well up on these things as some of the other folks on here, but I *think* the grace period for ANPR controlled car parks is 15 minutes. So, yes you are slightly over that.

    However, there are plenty of other angles you can explore (but not till POPLA stage).
    • Umkomaas
    • By Umkomaas 16th Oct 16, 8:48 PM
    • 10,990 Posts
    • 16,400 Thanks
    Umkomaas
    I'm not nearly as well up on these things as some of the other folks on here, but I *think* the grace period for ANPR controlled car parks is 15 minutes. So, yes you are slightly over that.

    However, there are plenty of other angles you can explore (but not till POPLA stage).
    Originally posted by Autolycus2000
    For a BPA operator there are two grace periods. This is what their Code of Practice says:
    13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
    13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
    13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
    13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.
    Last edited by Umkomaas; 16-10-2016 at 8:52 PM.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Autolycus2000
    • By Autolycus2000 16th Oct 16, 8:50 PM
    • 35 Posts
    • 38 Thanks
    Autolycus2000
    Thank you. I'll have another read through and see if I can see if it says how long. I didn't see it earlier hence why I asked.
    Originally posted by Alison1107
    It would definitely help if you could upload a copy of the notice. Details of how to do this are in one of the earlier posts....
    • Autolycus2000
    • By Autolycus2000 16th Oct 16, 9:45 PM
    • 35 Posts
    • 38 Thanks
    Autolycus2000
    You need to block out the PCN number too and the barcode.

    Reason being that parking companies read these threads and you don't want them to be able to work out who you are.
    • Alison1107
    • By Alison1107 16th Oct 16, 9:56 PM
    • 10 Posts
    • 3 Thanks
    Alison1107
    hxxp://tinypic.com/r/2exrfjp/9
    • Autolycus2000
    • By Autolycus2000 16th Oct 16, 10:07 PM
    • 35 Posts
    • 38 Thanks
    Autolycus2000
    Well done! Here's a working link for others to use:

    http://tinypic.com/r/2exrfjp/9
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