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  • FIRST POST
    • evaf
    • By evaf 30th Apr 17, 11:18 PM
    • 4Posts
    • 3Thanks
    evaf
    Smart parking ticket for 13 min overstay
    • #1
    • 30th Apr 17, 11:18 PM
    Smart parking ticket for 13 min overstay 30th Apr 17 at 11:18 PM
    Dear all, I received a PCN (£60) from smart parking for what I assume was a 13 mins overstay. Photographic evidence shows that we entered Fistral Beach car park at 14:10 and left at 15:29. I still have the receipt which shows that I paid for 1 hour stay at 14:16 (I checked and car reg number is correct), so I assume we were supposed to had left by then. I thought all car parks allowed some time to depart safely, besides we have small children and by the time we fitted them in their car seats I did not realise we had overstayed. I have read newbies FAQs and found the template how to appeal but my question is: based on your experience is it even worth appealing? If yes should I just use the template as per newbies FAQs or add a personal touch giving excuses why we overstayed? Thank you
Page 1
    • Redx
    • By Redx 30th Apr 17, 11:27 PM
    • 14,473 Posts
    • 18,091 Thanks
    Redx
    • #2
    • 30th Apr 17, 11:27 PM
    • #2
    • 30th Apr 17, 11:27 PM
    yes it is worth appealing

    use the blue text template and add a note mentioning clause #13 - Grace periods , before payment was made and also when leaving the car park

    DO NOT disclose who was driving , appeal as keeper only

    and read clause #13 so you know and understand the 2 grace periods allowed by the BPA CoP (one before payment , one to leave) - they add up to about 20 minutes in total

    add a copy of the receipt too (keep the original safe)

    dont try and be clever in changing the template, but the clause #13 details should be added to remind them of their responsibilities

    never make excuses , they dont care
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • evaf
    • By evaf 1st May 17, 2:45 PM
    • 4 Posts
    • 3 Thanks
    evaf
    • #3
    • 1st May 17, 2:45 PM
    Grace periods
    • #3
    • 1st May 17, 2:45 PM
    Thanks for your prompt reply. I read BPA clause 13 but there no exact timing suggestions of grace periods are indicated in this document. Are there any templates how to add an argument about grace periods - looked though other threads but did not come across any. Can I just quote 13.4 which says
    You should allow the drive a reasonable time to leave the private car park after the parking contract has ended, before you take endorcement action.
    Thanks
    • Redx
    • By Redx 1st May 17, 3:44 PM
    • 14,473 Posts
    • 18,091 Thanks
    Redx
    • #4
    • 1st May 17, 3:44 PM
    • #4
    • 1st May 17, 3:44 PM
    the time before the parking event also needs to be brought into it

    so it is assumed that the driver would have up to 10 minutes to find a parking space , park up , get out and walk to the signs , read the signs , queue for the payment machine and read the instructions and pay for a ticket and walk back and place it in the vehicle , I am sure you would agree that this would all take longer than 3 minutes !!

    then the driver has more than 10 minutes to exit the car park after the parking time finishes

    you have only dealt with the latter of the combined two grace periods, its the total combined period that covers the alleged overstay , so you dont appear to "get it"

    I am sure this has been added to many appeals in the last few years, so by all means look for them if you cannot put it into words and crib from their words

    the point is that you make them aware of the fact that you have read clause #13 and know about the TWO grace periods , one before and one after, that cover this alleged overstay (not just the second one you quoted above - ie:- tunnel vision)

    this is useful in future at popla or even in court should it come to it

    just do not reveal who was driving, but I doubt that it would take you longer than 5 to 10 minutes to knock up an extra bullet point to add to that blue text appeal

    this isnt rocket science, but neither is it painting by numbers , so the amount you save by not paying is more than worth your effort to word it correctly in your appeal
    Last edited by Redx; 01-05-2017 at 9:14 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • evaf
    • By evaf 23rd May 17, 5:59 PM
    • 4 Posts
    • 3 Thanks
    evaf
    • #5
    • 23rd May 17, 5:59 PM
    • #5
    • 23rd May 17, 5:59 PM
    Thank you for your help, just received and email notification the PCN was cancelled.
    • The Deep
    • By The Deep 23rd May 17, 7:19 PM
    • 6,583 Posts
    • 5,525 Thanks
    The Deep
    • #6
    • 23rd May 17, 7:19 PM
    • #6
    • 23rd May 17, 7:19 PM
    What you paid for was time parked, not time spent looking for a space, read this. ANPR only records the former, and in summer it can take forever to find a space at this location.

    http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html
    You never know how far you can go until you go too far.
    • evaf
    • By evaf 23rd May 17, 7:38 PM
    • 4 Posts
    • 3 Thanks
    evaf
    • #7
    • 23rd May 17, 7:38 PM
    • #7
    • 23rd May 17, 7:38 PM
    Yes I used that argument in my appeal and it worked!
    • Coupon-mad
    • By Coupon-mad 23rd May 17, 7:58 PM
    • 47,020 Posts
    • 60,405 Thanks
    Coupon-mad
    • #8
    • 23rd May 17, 7:58 PM
    • #8
    • 23rd May 17, 7:58 PM
    Easy, wasn't it? Smart don't like strong appeals from clued-up people. Nice result!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • MrTeens
    • By MrTeens 10th Jun 17, 10:13 PM
    • 1 Posts
    • 0 Thanks
    MrTeens
    • #9
    • 10th Jun 17, 10:13 PM
    • #9
    • 10th Jun 17, 10:13 PM
    Do you have a copy of your appeal that you can share? I too have a received a parking charge in similar circumstances. Thanks.
    • Coupon-mad
    • By Coupon-mad 10th Jun 17, 10:17 PM
    • 47,020 Posts
    • 60,405 Thanks
    Coupon-mad
    The OP said:
    I have read newbies FAQs and found the template how to appeal
    That's where it is shared. It's a template, one-size-fits-all, and doesn't need repeating on every thread. It will kill off Smart.

    My signature even tells you where to click if you are not used to navigating the forum to get to page one of this forum sub-board, to see the NEWBIES thread.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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