Parking Eye Fine - Fistral Beach

FatAndy

siross wrote: »

It wasn't directly on Fistral Beach it was 5 minutes up the road on Dane Road. Still in Newquay though.

Simon

The circumstances are irrelvant. You'll be appealing to POPLA on the grounds that the charge isn't a reasonable pre-estimate of losses incurred (plus a few other points) so it makes no difference where the car park is.

newholme30

siross wrote: »

It wasn't directly on Fistral Beach it was 5 minutes up the road on Dane Road. Still in Newquay though.

Simon

That is interesting, you should follow the appeal and POPLA route. Others will comment but Dane Road is listed on Cornwall County Council website so surprised Parking Eye are managing it?

siross

newholme30 wrote: »

That is interesting, you should follow the appeal and POPLA route. Others will comment but Dane Road is listed on Cornwall County Council website so surprised Parking Eye are managing it?

There are a couple of different car parks on Dane Road, one is Council run, which is the one I should have parked on in the first place, the other is a Parking Eye run car park.

siross

Also, I'd like to complain to Cornwall Council, I think I will do this via their Facebook page for maximum effect.

Would this be wise to do before, during or after my POPLA appeal?

Thanks,

Simon

newholme30

If it is not their car park, I can't see the benefit of posting on their Facebook page - what can they do if you park on private land (if it were the main Fistral Beach one that would be different as they own it and may be interested to do something about it).

Your complaint may be better directed to the Newquay Town Council and the Cornish Tourist Board, they should be very concerned at PE driving visitors away from Cornwall.

siross

Ah right I assumed they also owned this one.

newholme30

Assume nothing. Check who owns it. Land Registry online can help with this for £3.

Coupon-mad

FatAndy wrote: »

Read through the "sticky" at the top of the forum headed "POPLA decisions". Start from the end (most recent cases) and work backwards. Mitigating circumstances don't come into it so the in's and out's of what actually happened are irrelvant so you can pretty much follow any of the cases in the POPLA decisions thread.

Step one though is to bang in an appeal to Parking Lie. It doesn't matter what it says as they'll automatically reject it so don't waste too much time drafting it, it's just a means to obtain your POPLA code. Once you've got your code then you'll need to do a little work on your POPLA appeal to ensure that you win.

I hope the OP read the recent PE threads on there.

There is a fairly recent one on that sticky thread where the POPLA appellant beat PE re a Fistral PCN because the signage was unlit...

Let the OP find it and learn from that one (no link needed). It's on the POPLA decisions sticky. Not that we suggest you appeal to POPLA only on signage, siross.

EHBA

The Dane Road ( Parking Eye ) car park is owned by the Atlantic Hotel ( Newquay ) Ltd or by one of its Directors, likely to be Anthony Cobley.

My daughter was clamped there by MBC Parking Solutions afew years ago and the Atlantic Hotel flatly denied they had any responsibility for parking in this car park, even though they owned the land and MBC were their agents.

I've paid the £3 to Land Registry and it is impossible to tell who owns this particular piece of land, two former tennis courts, within the 'Atlantic Estate' post code. ( This is from the map/diagram you get from Land Registry and a written request for more detailed information )

However I have seen the 'owner' of the Atlantic Hotel talking to the boss of MBC Parking in that car park, shortly after the boss of MBC emptied the cash from the P&D machines.

If I was a local government official in Cornwall, or even if I worked for HMRC, I'd be very interested in the 'take' from this car park.

The owner of the guest house you stayed at, 'D', will not want any bad publicity. You could ask her to contact the Atlantic to get PE to drop it. If you PM me I'd be quite happy to phone her.

Otherwise follow the normal appeal route, PE have no interest in the land, no lighting in the car park and misleading external signage that purports to be that of a council car park.

siross

Thanks for all the advice guys, I think I will ring and complain to the Atlantic Hotel in that case, I may also complain to the tourist board as already mentioned.

I've had a look through the different threads as suggested. I focussed on the recent Fistral Beach Parking Eye thread along with the linked Highview examples.

I think at this stage I would prefer to go down the "short and sweet" route and spend more time on the POPLA appeal. Looking at the Highview case I can either go very short and only include the below:

Dear Sirs

I am writing to you regarding parking charge xxxxxxxxx issued to vehicle xxxxxxxx on xx/xx/2013, your charge is punitive and unenforceable.

Yours,

XXXX

Or add a bit more to it using some information from the Fistral Beach case;


Dear Sirs

I am writing to you regarding parking charge xxxxxxxxx issued to vehicle xxxxxxxx on xx/xx/2013, your charge is punitive and unenforceable.

As the registered keeper, if you reject this challenge I will state to POPLA - among other points of appeal - that I believe any signs you have there are unlit, unclear and wholly inadequate for a driver to see. This unclear signage is a breach of the BPA Code of Practice and you should make the terms and conditions much clearer at that site.'

If you refuse this challenge, I require that you forward me a POPLA verification code within 35 days of the original challenge to you, per Version 2 of the BPA Code of Practice.

Yours,

XXXX

Is it better to stick to the shorter version at this stage or put some more information in there?

I also note the Parking Cowboys template letter is very thorough and asks for a lot of information from PE. Should I be asking for such information to help my POPLA appeal? Or is it easy enough to win a POPLA appeal with the information at hand currently?

Thanks,

Simon