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  • FIRST POST
    • Jey1981xxxx
    • By Jey1981xxxx 7th Sep 17, 9:55 PM
    • 3Posts
    • 2Thanks
    Jey1981xxxx
    Smart parking Fistral Beach, Newquay
    • #1
    • 7th Sep 17, 9:55 PM
    Smart parking Fistral Beach, Newquay 7th Sep 17 at 9:55 PM
    Can someone please help me?

    I took my daughter on holiday last week to Cornwall and on 2 different days of the week we went to Fistral Beach, Newquay and parked there for a couple of hours to go to the beach.

    I've come home from work tonight and there is a letter from smart parking asking for a £60 parking charge payment (if paid within 14 days, £100 if after this period).

    I entered the car park at 13.40- I had to drive around to find a space as the car park was completed rammed and very busy.

    My 2 hour car park ticket was paid at 14.08 (after finally parking in a space!) and valid until 16.08

    I exited the car park at 16.14 however returned to the car just before the ticket ran out.

    I still have the parking ticket.

    Is there any way I can appeal this? Or should I just pay it?
    The annoying thing is is that we went back 2 days later and the same happened again!! So I'm positive another parking charge is on its way! I'm mortified.

    I've had a read through other threads but I still have no idea what to do or where to start. Any advice would be gratefully received.
    Thanks
Page 1
    • Redx
    • By Redx 7th Sep 17, 10:07 PM
    • 16,579 Posts
    • 20,739 Thanks
    Redx
    • #2
    • 7th Sep 17, 10:07 PM
    • #2
    • 7th Sep 17, 10:07 PM
    you should have read the NEWBIES FAQ sticky thread at the top of this forum

    use the blue text appeal

    if they fail to cancel, appeal to popla by reading similar RECENT cases on here (comes up every other day so almost all the work is done for you already)

    GRACE PERIODS apply , clause #13 of the BPA CoP , please read it

    other appeal points will also be used for popla

    so blue text appeal for now , as KEEPER, DO NOT REVEAL WHO WAS DRIVING
    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
    • Umkomaas
    • By Umkomaas 7th Sep 17, 10:18 PM
    • 15,572 Posts
    • 24,322 Thanks
    Umkomaas
    • #3
    • 7th Sep 17, 10:18 PM
    • #3
    • 7th Sep 17, 10:18 PM
    It's holiday season and Smart at Fistral and ParkingEye at Tower Road, Newquay are salivating over the motorists they've netted at the two locations, with no flexibility to accommodate an overfull car park on arrival, with long waits until a space becomes free, and then congestion on leaving the car parks to join the main highway.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Jey1981xxxx
    • By Jey1981xxxx 7th Sep 17, 10:37 PM
    • 3 Posts
    • 2 Thanks
    Jey1981xxxx
    • #4
    • 7th Sep 17, 10:37 PM
    • #4
    • 7th Sep 17, 10:37 PM
    Thanks for your replies. It makes me so angry. Given Umkomaas' reply, do you think that it's even worth disputing?
    I have read through NEWBIES FAQ but find it very confusing!
    So use this template below to appeal to smart park-

    Template appeal for BPA members - copy this wording into the online appeal box or into an email:




    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,

    Expect this to be rejected and await a POPLA code. Then look for other examples of similar appeals to POPLA and send off something similar?
    • Redx
    • By Redx 7th Sep 17, 11:30 PM
    • 16,579 Posts
    • 20,739 Thanks
    Redx
    • #5
    • 7th Sep 17, 11:30 PM
    • #5
    • 7th Sep 17, 11:30 PM
    correct

    these places are honeytraps to trap the unwary

    complain to your local MP and ask them to support the private members bill currently going through parliament

    I already told you why it needs disputing , GRACE PERIODS
    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 7th Sep 17, 11:32 PM
    • 51,584 Posts
    • 65,205 Thanks
    Coupon-mad
    • #6
    • 7th Sep 17, 11:32 PM
    • #6
    • 7th Sep 17, 11:32 PM
    It makes me so angry. Given Umkomaas' reply, do you think that it's even worth disputing?
    Seeing as we NEVER lose v Smart..yes! They often bail out when they see the template.

    The registered keeper wins because Smart Parking choose not to issue 'POFA' Notices.
    • Umkomaas
    • By Umkomaas 8th Sep 17, 7:46 AM
    • 15,572 Posts
    • 24,322 Thanks
    Umkomaas
    • #7
    • 8th Sep 17, 7:46 AM
    • #7
    • 8th Sep 17, 7:46 AM
    Given Umkomaas' reply, do you think that it's even worth disputing?


    Just what in my reply makes you think this isn't worth disputing? My reply was full of clues as to exactly on which grounds you should be disputing this. Other grounds are also available.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • The Deep
    • By The Deep 8th Sep 17, 8:42 AM
    • 7,384 Posts
    • 6,427 Thanks
    The Deep
    • #8
    • 8th Sep 17, 8:42 AM
    • #8
    • 8th Sep 17, 8:42 AM
    It is a scam. they hope you will pay for time waiting for a space, but a judge thinks otherwise.


    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.
    • fatbelly
    • By fatbelly 8th Sep 17, 9:01 AM
    • 11,547 Posts
    • 8,682 Thanks
    fatbelly
    • #9
    • 8th Sep 17, 9:01 AM
    • #9
    • 8th Sep 17, 9:01 AM
    correct

    these places are honeytraps to trap the unwary

    complain to your local MP and ask them to support the private members bill currently going through parliament

    I already told you why it needs disputing , GRACE PERIODS
    Originally posted by Redx
    Please send a copy of your complaint to office@stevedouble.org.uk - as the local MP for Newquay he is aware of the damage these companies are doing to tourism and the more evidence he has the better
    • Coupon-mad
    • By Coupon-mad 8th Sep 17, 10:28 AM
    • 51,584 Posts
    • 65,205 Thanks
    Coupon-mad
    Please send a copy of your complaint to office@stevedouble.org.uk - as the local MP for Newquay he is aware of the damage these companies are doing to tourism and the more evidence he has the better
    Originally posted by fatbelly
    Indeed!

    The OP should read & follow the links in post #6 here:

    http://forums.moneysavingexpert.com/showthread.php?t=5701186&highlight=steve+double

    An absolute scandal this is allowed to ruin Newquay and dent the tourist trade, thanks to Smart and ParkingEye between them.
    • fatbelly
    • By fatbelly 8th Sep 17, 11:12 AM
    • 11,547 Posts
    • 8,682 Thanks
    fatbelly
    Interesting. I didn't know that he had said that. But I did know Steve and his wife before he became an MP (before I knew he was Tory!) and they always struck me as having a keen sense of 'justice'.
    • Jey1981xxxx
    • By Jey1981xxxx 8th Sep 17, 11:20 AM
    • 3 Posts
    • 2 Thanks
    Jey1981xxxx
    Thank you all so very much for your information and support. I will be contesting this and I absolutely will forward on my complaint to Steve Double. I am expecting another letter through within the next couple of days with yet another Smart Parking charge as it took forever to get parked there again last Friday! It it absolutely scandalous and has really upset me. Thankfully I have both parking tickets from both car park stays.

    Does it cost £27 per POPLA application?
    • Coupon-mad
    • By Coupon-mad 8th Sep 17, 12:22 PM
    • 51,584 Posts
    • 65,205 Thanks
    Coupon-mad
    It's free for you. Costs Smart £27, which is why they often fold when they see the template appeal from the MSE NEWBIES thread, which they recognise.
    • The Deep
    • By The Deep 8th Sep 17, 12:36 PM
    • 7,384 Posts
    • 6,427 Thanks
    The Deep
    The terms and conditions from GooGle Earth (Jan 2016) appear to run into hundreds of words of very small print. I am sure that many are unfair.

    https://www.netlawman.co.uk/ia/unfair-terms-consumer-contracts

    This is a car park, not a contract to build a nuclear power station.
    Last edited by The Deep; 08-09-2017 at 12:39 PM.
    You never know how far you can go until you go too far.
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