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  • FIRST POST
    • 2Tickets1Hour
    • By 2Tickets1Hour 17th May 17, 11:39 AM
    • 17Posts
    • 13Thanks
    2Tickets1Hour
    Fistral Beach
    • #1
    • 17th May 17, 11:39 AM
    Fistral Beach 17th May 17 at 11:39 AM
    Tower Road / Parking Eye
    Parking X
    Paid for X hours. They claim the car was in there for X hours X minutes
    Ticket not available now to check their times
    Invoice dated X
    Appeal made X using blue template via the website and in particular stressed the grace periods and also that the invoice was not sent within 14 days.

    Just looking for confirmation please - does the 14 days start on the day of the parking? Is it working days / does it include the bank holiday Monday?

    Have not heard back from either appeal - BPA Code of practice shows they must reply within 14 days. Again when does the clock start and is this working days please?

    Does the keeper need to do anything else yet? Such a worry to get these and would be grateful for any reassurance that they will not escalate further. Look forward to your comments - thank you.
    Last edited by 2Tickets1Hour; 19-05-2017 at 12:30 AM. Reason: Removed details
Page 1
    • Fruitcake
    • By Fruitcake 17th May 17, 12:13 PM
    • 40,464 Posts
    • 80,850 Thanks
    Fruitcake
    • #2
    • 17th May 17, 12:13 PM
    • #2
    • 17th May 17, 12:13 PM
    The keeper does nothing now until a PoPLA code is received. Forget the reply times at the moment, the BPA will support the scammers by saying the CoP is advisory. It's only compliance with the POFA 2012 that really matters.

    Well done on getting this far without asking for help. It really helps the regulars when someone actually takes the trouble to read the NEWBIES and acts upon the advice before posting.

    Stopping to set up a satnav is parking. Driving around looking for a space is not. Neither is driving from and to the place where the ANPR entrance/exit cameras are situated.

    You didn't say whether you bought a ticket for the Not so Smart parking event.

    Have a look at Ivorpaycheque's post where he has provided a video of the route from the entrance to the bottom of the car park, highlighting pinch points and signage traps along the way.
    Sending him a PM might get you more help as well. I'm sure he won't mind.
    The video is up to date if that is the one you have already seen, and I'm sure he would amend it if there were any changes.

    Parking Lie is the one to be worried about. They do court for every perceived infraction of the unregulated made up rules there are. Not so Smart are not so smart, and virtually never do court except in very unusual and specific instances. There about three I have heard of out of tens of thousands of PCNs issued. Parking Lie however send out about 30 000 court papers per year.

    Luckily the parking lie NTK is outwith the POFA 2012 and therefore you will win at PoPLA with this and several other points.
    Last edited by Fruitcake; 17-05-2017 at 12:17 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
    • DoaM
    • By DoaM 17th May 17, 3:30 PM
    • 3,491 Posts
    • 3,551 Thanks
    DoaM
    • #3
    • 17th May 17, 3:30 PM
    • #3
    • 17th May 17, 3:30 PM
    Have a look at Ivorpaycheque Ivor Pecheque's post where he has provided a video of the route from the entrance to the bottom of the car park, highlighting pinch points and signage traps along the way.
    Sending him a PM might get you more help as well. I'm sure he won't mind.
    The video is up to date if that is the one you have already seen, and I'm sure he would amend it if there were any changes.
    Originally posted by Fruitcake


    The thread in question (maybe):

    http://forums.moneysavingexpert.com/showthread.php?t=5349269
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Justice13075
    • By Justice13075 17th May 17, 3:35 PM
    • 1,013 Posts
    • 425 Thanks
    Justice13075
    • #4
    • 17th May 17, 3:35 PM
    • #4
    • 17th May 17, 3:35 PM
    I ALWAYS take a photo of my ticket when it is on the windscreen. I keep it on there for months, it doesn't take up much memory. I have dozens on my phone. I call it Insurance against cowboys.
    • Fruitcake
    • By Fruitcake 17th May 17, 3:39 PM
    • 40,464 Posts
    • 80,850 Thanks
    Fruitcake
    • #5
    • 17th May 17, 3:39 PM
    • #5
    • 17th May 17, 3:39 PM
    I ALWAYS take a photo of my ticket when it is on the windscreen. I keep it on there for months, it doesn't take up much memory. I have dozens on my phone. I call it Insurance against cowboys.
    Originally posted by Justice13075
    Good idea (if you have a camera on your 'phone) as is keeping parking tickets after the event. Since scammers can start small claims proceedings for up to six years after the alleged event, evidence really need to be kept for that period.
    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
    • Redx
    • By Redx 17th May 17, 3:39 PM
    • 16,498 Posts
    • 20,660 Thanks
    Redx
    • #6
    • 17th May 17, 3:39 PM
    • #6
    • 17th May 17, 3:39 PM
    the day of the parking event is day zero , so day 1 is the day after and day 14 is 14 days after the parking event day (day 15 in total , start to finish) - otherwise they fail POFA2012

    the BPA CoP actually says its 14 days to acknowledge and 35 days to reply with a decision , so have more patience , its only advisory anyway

    the BPA CoP also specifies 2 grace periods , one before an event and one after , so say 5 to 10 minutes BEFORE the purchased ticket starts and OVER 10 minutes to leave , so that covers the PE one for POPLA but not the SMART one due to no ticket being purchased on the day (plus the PE one failed POFA)

    there would have been up to 10 minutes for the smart one , max , before its considered to be a breach of contract

    wait for any popla codes , or any cancellations , bearing in mind the 35 day rule is not enforced
    Last edited by Redx; 17-05-2017 at 3:42 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
    • 2Tickets1Hour
    • By 2Tickets1Hour 17th May 17, 7:26 PM
    • 17 Posts
    • 13 Thanks
    2Tickets1Hour
    • #7
    • 17th May 17, 7:26 PM
    • #7
    • 17th May 17, 7:26 PM
    Smart parking are cancelling their invoice! I have edited my post to delete the details of that situation.

    So 1 down 1 to go! Very relieved and grateful for the template - thank you.
    • 2Tickets1Hour
    • By 2Tickets1Hour 17th May 17, 7:34 PM
    • 17 Posts
    • 13 Thanks
    2Tickets1Hour
    • #8
    • 17th May 17, 7:34 PM
    • #8
    • 17th May 17, 7:34 PM
    Will definitely be taking pictures of tickets purchased - good idea.
    • Coupon-mad
    • By Coupon-mad 17th May 17, 8:26 PM
    • 51,501 Posts
    • 65,099 Thanks
    Coupon-mad
    • #9
    • 17th May 17, 8:26 PM
    • #9
    • 17th May 17, 8:26 PM
    Good to read - Smart are one who fold easily when they see the appeal template in the NEWBIES thread.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Ivor Pecheque
    • By Ivor Pecheque 17th May 17, 11:02 PM
    • 714 Posts
    • 1,322 Thanks
    Ivor Pecheque
    Great stuff.please remember to leave feedback about how you have treated.
    Illegitimi non carborundum
    • 2Tickets1Hour
    • By 2Tickets1Hour 18th May 17, 6:43 AM
    • 17 Posts
    • 13 Thanks
    2Tickets1Hour
    Feedback where sorry? Here?

    Have posted on trip advisor. Also work in travel so have been telling everyone and anyone to avoid Fistral beach.
    • Coupon-mad
    • By Coupon-mad 19th May 17, 12:33 AM
    • 51,501 Posts
    • 65,099 Thanks
    Coupon-mad
    ,the PCN was not issued in the correct time frame. The BPA Code of Practice clearly states that the PCN must be delivered to the keeper within 14 days. The PCN is dated XX which is 15 days since the alleged incident took place. It took a further 2 days for the PCN to be posted and delivered so they have failed to meet this requirement.

    So the PCN is a non-POFA 'golden ticket' a bit like the one shown in a link in post #3 of the NEWBIES thread? They've changed the look of their PCNs since that one but what does yours say about liability of the registered keeper?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • 2Tickets1Hour
    • By 2Tickets1Hour 19th May 17, 12:41 AM
    • 17 Posts
    • 13 Thanks
    2Tickets1Hour
    Would be grateful if you could read the POPLA stage please. Have C&P more towards the end - not sure if the signage section is really all necessary as already seems too long. But don't want to miss anything out. Let me know if any suggestions. Thank you.
    • 2Tickets1Hour
    • By 2Tickets1Hour 19th May 17, 6:43 AM
    • 17 Posts
    • 13 Thanks
    2Tickets1Hour
    Apologies, terrible internet connection meant our messages crossed over.

    It is different to that one - but the PCN does not appear to state the words anywhere; "liability of the registered keeper"

    Is there a way for me to send or share the image of the letter?
    • Redx
    • By Redx 19th May 17, 9:11 AM
    • 16,498 Posts
    • 20,660 Thanks
    Redx
    redact the pic or scan and host it on tinypic or photobucket

    then add a dead link in your reply , by changing http to hxxp

    a regular here will then fix the link in their reply back to http
    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
    • 2Tickets1Hour
    • By 2Tickets1Hour 19th May 17, 10:25 AM
    • 17 Posts
    • 13 Thanks
    2Tickets1Hour
    hxxp://s1057.photobucket.com/user/bamummy/media/IMG_0519.jpg.html


    hxxp://s1057.photobucket.com/user/bamummy/media/IMG_0520.jpg.html


    Thank you Redx
    Last edited by 2Tickets1Hour; 19-05-2017 at 10:28 AM.
    • Redx
    • By Redx 19th May 17, 10:42 AM
    • 16,498 Posts
    • 20,660 Thanks
    Redx
    hxxp://s1057.photobucket.com/user/bamummy/media/IMG_0519.jpg.html


    hxxp://s1057.photobucket.com/user/bamummy/media/IMG_0520.jpg.html


    Thank you Redx
    Originally posted by 2Tickets1Hour
    live links

    front

    http://s1057.photobucket.com/user/bamummy/media/IMG_0519.jpg.html

    and rear

    http://s1057.photobucket.com/user/bamummy/media/IMG_0520.jpg.html
    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
    • Coupon-mad
    • By Coupon-mad 19th May 17, 10:00 PM
    • 51,501 Posts
    • 65,099 Thanks
    Coupon-mad
    No 9(2)(f) POFA warning and you say it was dated on day 15, makes this the new version of a ParkingEye golden ticket. You win on No Keeper Liability and can use the template POPLA appeal point shown near the 'old Golden Ticket' image (and the other usual templates as well).

    You win.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • 2Tickets1Hour
    • By 2Tickets1Hour 19th May 17, 11:57 PM
    • 17 Posts
    • 13 Thanks
    2Tickets1Hour
    Thank you Coupon-mad. It happened on 18th April - The PCN is dated 3rd May which we calculate to be the 15th day.


    Will post a 2nd draft that we have pulled together. Please let me know if everything is covered - very grateful for your time and support.
    • Fruitcake
    • By Fruitcake 20th May 17, 10:56 AM
    • 40,464 Posts
    • 80,850 Thanks
    Fruitcake
    There are a few typos such as "allowed to allow" in point 1 so it all needs a good stiff proof read.

    You should also add another point, No Standing to bring charges in their own name.

    I suggest you have a look at Duncan Nimock's case, linked from post 3 of the NEWBIES as it includes this plus problems with the payment machines, and a few other things that might be useful.
    Last edited by Fruitcake; 20-05-2017 at 11:04 AM.
    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
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