[SUCCESS] Fistral Beach - Smart Parking PCN for 2 separate visits in 1 day

MrHarry

Hi everyone,

I need some help with a POPLA appeal for "Double Dipping".

I'm in the middle of disputing a Smart Parking PCN issued for 2 separate visits in 1 day.
Looking online, I can see that Smart Parking are well known for this sort of stuff!

The PCN shows the vehicle entering the beach at 10:21AM, and leaving at 15:31 in the afternoon (via ANPR images)
for a total of 309 minutes (just over 5hrs) without a valid ticket.

ON THE EXACT DATE at around 11AM, I was 15 miles away shopping in Truro. I left the supermarket in Truro at 12:20 lunch time.

Later that day at 14:34 PM, I was fueling (the vehicle in question) at the Morrison's Petrol forecourt which is just over 2 Miles away from Fistral Beach.

I have contacted Barclays Bank, and they have provided me with a letter that confirms and time stamps both of the transactions above.

On the other hand, Smart Parking/ Fistral Beach have not provided any evidence of the vehicle being parked on the property. Only an entry and exit picture from the ANPR. How do they have this? I have no idea. Maybe I was dropping off / collecting on that day, maybe I was just passing by. I certainly wasn't parked.

As a local resident in the area, I visit Fistral Beach very frequently.
It makes me nervous thinking that each time I visit the premises, I run the risk of another PCN showing up on my doorstep.

I have contacted Jon Briant from Britanic Industries, the company responsible for managing the Fistral Beach complex and Parking. Jon Briant said he would investigate, but has done absolutely nothing in regards to this matter. He has ignored any further attempts to resolve the issue amicably.

Smart Parking surprisingly denied my appeal.


I have a POPLA ref number. Can you guys help me draft a strong appeal? or point me in the right direction?

I would like to add more than just the obvious Barclays Bank Statement to the appeal.


Thanks

Coupon-mad

Read through some of the strong extra arguments about contract law, discussed here re a ParkingEye one:

https://forums.moneysavingexpert.com/discussion/5328054

And if you have NOT admitted who was driving, in the first appeal, you must continue only wording the POPLA appeal from you as keeper and definitely have the fact that 'there can be no keeper liability' as explained here (look at paragraph 9 of the POFA and spot the omissions in wording in the NTK because Smart don't use a Notice capable of keeper liability, happily):

https://forums.moneysavingexpert.com/discussion/5328596

HTH - show us your draft once you've cobbled something together. When submitting it to POPLA, you can attach your entire appeal as PDF evidence, written out in a long spiel if you wish, you don't have to only answer POPLA's questions (be careful not to stitch yourself up with those!).



P.S. BUT...if you've appealed as driver first time around you can't use the POFA, can't argue anything about non-compliant NTK wording and will have to continue to appeal from the weaker position of driver - but your evidence should easily swing it, plus the usual stuff about GPEOL and Aziz and 'no landowner authority'.

P.P.S. Be careful with the POPLA questions if writing as keeper only, don't start writing 'I parked' in answer to POPLA's questions.

ampersand

Hello MrH - welcome to mse.

Well done for your evidence of much prior reading, also for not using the f - - - word {&'s particular bête noire]

re: How do they have this? I have no idea.
Could be they've learnt to use UKPC's cameras :-)

I have a POPLA ref number - basic 1st step. Have you have checked its validity?
http://parking-prankster.blogspot.co.uk/2014/01/popla-code-checker.html

Keep on to Jon Briant. Involve local journos. Similar scenarios form a popular/regular source of stories for them.

Search for Ivor Pecheque on these forums:-) The fact that your facsimile invoice is from [not so]Smart matters not in relation to his experience in this area.

The_Deep

My inclination would be just to tell the truth, if they want to call you a liar, so be it.


Then, when it gets to PoPLA, tell the the truth as well, if they think that you are lying let them say so on paper.


The, if the PPC want to test it, let them take you to court where you can hit them with all the scientific stuff about the unreliabilty of ANPR systems.


Some reading


http://parking-prankster.blogspot.co.uk/2013/05/highview-parking-spurred-into-immediate.html

Ivor_Pecheque

Hi Mr Harry,

apologies for the late reply.

Fistral is a known "cash cow" - it was "managed" by Parking Eye, but the owners (Briant Industries), got so fed up with the moaning, they kicked them out, and employed SMART. (Coincidentally, around the same time Rick Stein moved in with his chip shop).

They still appear to be causing as much misery now.

The Parking Prankster does have a very informative guide about double dipping on his blog, in fact he only blogged about it yesterday... http://parking-prankster.blogspot.co.uk/2015/09/parkingeye-anpr-blunders-again.html?m=1

I'm assuming you've got Briants contact details:
Contact details are
Tel 01637872489
Britanic Industries Ltd,
​Narrowcliff
Newquay
Cornwall
TR7 2QN

His daughter runs the downstairs surf hire shop.


Certainly follow the very robust advice you'll receive on here. Remember to leave feedback on trip adviser for any services you may have used, such as this... http://www.tripadvisor.co.uk/Restaurant_Review-g186239-d7917218-Reviews-Rick_Stein_Fistral-Newquay_Cornwall_England.html

If you're on facebook, remember to share your experience on "Newer Newquay" page.

Warren Wilkins at the Newquay Voice seems to cover most of the parking stuff warren@newquayvoice.co.uk as does Alexandria at the Cornish Guardian alexandria.pesic@cornishguardian.co.uk

Personally, I wouldn't take my car anywhere near fistral, you can usually get a space at Pentire this time of year.

Good luck :-)

MrHarry

The verdict is in. Received the victory email from Popla:

[FONT=&quot]
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[FONT=&quot]Thank you for submitting your parking charge Appeal to POPLA.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]An Appeal has been opened with the reference xxxxxxxxxx.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] Smart Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.[/FONT]
[FONT=&quot][/FONT][FONT=&quot][/FONT]
[FONT=&quot]Yours sincerely[/FONT]
[FONT=&quot][/FONT]
[FONT=&quot]POPLA Team[/FONT]


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Thanks very much everyone for taking the time to help out. Let's keep on fighting the cowboys!
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bod1467

Are we seeing a resurgence in PSDSU?

(Parking Scum Didn't Show Up).

Umkomaas

They might be hoping that once the new organisation is in place and settled they will provide PPCs with a training course on how to beat the motorist at POPLA!

Not unheard of!

Herzlos

The cynic in me thinks they are trying to avoid setting a precedent for now, until they can find some winning approach. Beavis is due very soon?