Parking Ticket @ Fistral beach. no time given to apeal or pay.

Stacey81

hello my name is Stacey.


I am little scared because I can not see my advocate for while to help me. and I have got a reply from the ticket people at Smart parking who we wrote to try and exsplain why I could not pay the meter.


I was on holiday in conwall in April this year and I come home to parking ticket for Fistral Beach. I went there because I read there was beach wheelchair. I not was sure if I could use the beach chair because I not have good upper body control but I wanted go see. when get to car park I check metre and say no parking free for disabled blue badge which I have blue badge. so I needed get some change pay meter so I go to get change and look at chair at same time as in same shop but problem was I had get over sand to get to shop and I get stuck in the sand.


it take 3 people to rescue me and my wheelchair from sand and then I decided I just go home cause I hurt me foot when got stuck and it scard me. so we go back to caravan. I not was drive my husband was drving. he take me back to van and make sure I ok give me meds and clamp my chair back in van.


I write to Smart parking and I exsplain all this to them and tell them it takes lot time to clamp and unclaimp a wheelchair and it not was my fault I not could get over sand to get money and we not did think parking have no free parking for disabled at all most have least some free parking even if it half hour.


we only was there from 2.34 to 3.07pm all time take unclamp me and clamp me back in and to get stuck and unstuck in sand I is real glad people help me get unstick from sand or I still be stuck there now.


I tell people at smart parking they can see my blue badge in the pictures they took of the van. so they know I was disabled and they can tell it wheelchair van with lift so it special van have clamp wheelchair in. but they say fine still stand and say MUST pay fine on same day as they WROTE the letter to me on 9th of june but I only get letter today. or they send it to debt collectors. so they now going send scary people my door because they not give me time to pay and I no feel I should pay for getting stuck in sand trying to get change for machine.


it not like me was there for 2 hours swim in sea and catchin sun. wish me had because it my dream go on beach but now they take my dream away to ever try go beach again.


on letter say they have tell me about obusman but that they wont deal with them so I am lots confussed about that. but give me a number I can make complaint to POPLA?


I gots letters me got scaned and picture of marks me left on beach and me sent picture of marks me left on beach to them to I not can work out how attach them to this post sorry.


I am scared they will send debt people my door. and they put charge up more. it was £60 if pay with in 28 days now £100 cause me made complaint that me think is wrong to no should be made to pay more for making complaint.


I am trying read everything on site I read rules say to and only to post if still cant find answeres but I am scard because they give me no time to pay or complain as I ment pay by now but only get letter today.


how do i attach things to here to show you?


Stacey

Ralph-y

Hi, and welcome to the forum ........

I am glad you found us ..........

you will not be paying a single £ to these scavengers ....

(its not a fine ... its an invoice ... only the police / councils can fine people)

you will get all the help you need here ...........

"
I am scared they will send debt people my door. and they put charge up more. it was £60 if pay with in 28 days now £100 cause me made complaint that me think is wrong to no should be made to pay more for making complaint."

you will come to see that this is all a big scam ......

they can never ever .... ever ...... EVER send debt crawlers to your door ! FACT

so please stop worrying re that point......

what did you say in your appeal ?

to post links / images you need to host them on a site like tinny pic or photobucket then post up the url here ... but as a newbie you need to mangle the url bit until you have more posts under your belt

so as in

http:/piture.......

change to

hxxp:/pictu....

you need to have a read through the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

and do a forum search for Fistral Beach

please stop panicking re all this .... there are lots of experts on the forum re that beach car park .... and have lots of success in claims there .........

Ralph:cool:

Stacey81

hello ralph

I found post on how put images up and be putting them up in photo bucket I come put them up and see your reply.

this first letter I come home to

hxxp://i1378.photobucket.com/albums/ah85/staceygreen1981staceyk81/parking%20notice_zps5mgdxvzy.jpg

This picture of marks I leave on beach. I take picture cause I thinked it was funny have sign saying acssesible beach but I get stuck! I think me left me mark good haha! I did send this pic to smart meter when I make complaint.

hxxp://i1378.photobucket.com/albums/ah85/staceygreen1981staceyk81/my%20marks%20left%20on%20the%20beach_zpsipjegjx3.jpg

this next letter is replay I get from Smart parking from me complaint I not got copy the complaint I make as they make you do online and not give you copy of what you write but I remember I exsplain it take long time to unclamp and clamp wheelchair and I got stuck on beach and I even say they can check they CCTV and see I get stuck on beach and I even go to meter to see if parking free for blue badge and if not how much change I needed get.


here they reply it on 2 pages
hxxp://i1378.photobucket.com/albums/ah85/staceygreen1981staceyk81/parking%20notice%20reply%20page%201_zps24hd3kuw.jpg


hxxp://i1378.photobucket.com/albums/ah85/staceygreen1981staceyk81/parking%20notice%20reply%20page%202_zpsvznagax0.jpg



that take me ages figure out hehe I had images all there look nice then say error. then me figured out what meant by change TT to xx so I do that. but still say error but then I find the button change them to NOT BE a link hopefully this work now.

I think I delete all bits I meant delete.

I really grateful for all help. I feel better nowin they not can send people to me door that does scare me lots. as me OT put new door system in that all auto-matic once I hit button it just opens I not can stop it. but I can check camera before I open it.

I not get how they think I can pay money before I get letter not that I think I should pay it at alls. but they is think someone can do the impossible.

thank you again for all help

stacey

Coupon-mad

so they now going send scary people my door because they not give me time to pay

They are not going to send anyone to your door. They'll post some letters if you lose at POPLA stage. We want to help you win.

So, you have done the first appeal yet you are a passenger, not the driver, yes? Is it a Motability car in your name, is that why you appealed, yet you weren't driving?

Has the POPLA code & rejection letter been addressed to you?

Stacey81

hello coupon mod


I always passanger I not aloud drive cause I have epilepsy and not can control musles good to drive.


the van is motability car yes. my husband, my mum and one my main carers is registered to drive care through motarbility.


car is in my name through mobility yes. I give mobility my Mobility part my DLA every month for van.


I write to smart parkings on they website and they write letter back to me, they letter is last 2 links in my post above that have code for POPLA. I think that is rejection leter. and yes it was address to me.


Stacey


PS if I not answer question right please be patient with me and try ask in another way I maybe not did understand.

Coupon-mad

That's fine and good, so you are appealing as the named Motability keeper but cannot possibly have been the driver. Even better. Smart can't touch you.

We will help with your POPLA appeal.

Stacey81

I glad I find this forum I was just google see what I should do because they scare me with they last letter.


thank you for makin me feel safe again.


what do I need do now?


Stacey

Stacey81

I found what I write to them on they online form I had saved it to me computer I did think was unlike me not to save it.


this what I write to them and sent them the picture of marks I leave on beach.

---

We went to Fistral Beach as I was told it was accessible in my wheelchair, when I arrived I went to get change for the parking meter, only to get Stuck in the sand in my wheelchair, it took 3 grown men to rescues me from the sand. See picture I am attaching to see my left over marks of where my wheelchair got stuck. We then decided it was safer to leave than to try get to a shop for change or to stay. However, as you can see by the pictures of my van, I am a wheelchair user, It takes time to clamp me in and out of the van. So the half hour I was there was taken up by clamping me n and out of the van and rescuing me of the beach. I do not feel I should be fined for being stuck on a beach due to my disability’s when I was trying to get change and then for the time it takes to clamp me in, I am sure you have videos of the car park you can check to see I did go over to the meter to see how much change I needed to get for it. However with all good intentions of trying to get the money to pay, I did not expect to get stuck in the sand especially by a sign that says ‘beach access wheelchair hire’.

---

hope this can be helpful


stacey

Stacey81

I do more reading today that I do ever I think haha


I think I mayb understand some of what I have do next but I am little confused as there is soooo much information I have got way lots lost.


I go to POPLA site now and make appeal, would it help be good make video for evidence show how long take to clamp me wheelchair in and how long to unclamp me wheelchair from van?


I find picture say only have 10 mins get out car park if not want agree to charges but it not possible to get unclamp and get to boards ands read them and get change and have get money cause sign say phone part not work to pay and then get clamp back just not can do in 10 mins not can even read board in 10 mins.


I read have NOT tell who driver was that easy cause they no even have my married name they have me maiden name. I not use my married name. and could be any one who drive van cause carer and mum is able to as well.


I read somewhere something about saying that the first letter I got says nothing about POFA for NTK. I really not understand that part. I found where exsapling shorten names so I get POFA mean protection of freedom act and NTK means notice of keeper I just no understand what mean by my first letter connect to any that I not even can read my first letter other than bit on side as it all in tiny writing it no is in large print.


I am bit worry I not be able write as good as some people cans on here but I do think they discriminate against me for not aloow me time to get in and out van and it not my fault I not could get change to pay meter.


if I try write letter for appeal can someone check it ok for me and make words ok so they not ignore me please. and would video help show how long and what have do to clamp me in and clamp me out van?


thank you all again I so glad lovely people round like all you to help people like me so we not afraid when get scary letters.


Stacey

Coupon-mad

I go to POPLA site now and make appeal, would it help be good make video for evidence show how long take to clamp me wheelchair in and how long to unclamp me wheelchair from van?

Yes, that would be worth including as evidence of the time taken to leave.

Re your POPLA appeal draft:

First point heading will be: 'no keeper liability'* (see other Smart POPLA examples for how their NTK fails the requirements of paragraph 9)

Second point:'no driver liability because the driver has not been identified and I am unable to drive myself, due to epilepsy and muscle control, symptoms of my disability (I use a wheelchair). I am appealing as the named keeper of this Motability vehicle and cannot be held liable.

Third point: Lack of Grace Periods (quoting section 13 of the BPA CoP). Grace periods must be 'reasonable' given the circumstances of the case and are not set in stone, and clearly a wheelchair stuck in sand, which had to be freed then safely clamped back into the vehicle and all passengers secured safely, would take much longer than ten minutes. It took longer than 10 minutes just to arrive, find a space (it is busy at the beach), stop, read the signs, look for the P&D machine once in my wheelchair and look for change! But then get stuck in the sand in the effort of trying to find a shop with change. It took 3 people to rescue me and my wheelchair from the sand I was stuck in near the P&D machine, then I decided I just go home because I hurt me foot when got stuck in the sand and it scared me, so we decided not to stay. Another ten minutes was taken to clamp the wheelchair back and leave (see point below on the Equality Act 2010, my legal right to a reasonable adjustment of time as a disabled passenger).

Fourth POPLA point: Equality Act 2010 breach. No reasonable adjustment made to the Grace period normally offered to able bodied visitors. Clearly more time was needed to load & unload a wheelchair stuck in sand, after finding out the terms were not free for disabled people and deciding not to accept any contract and leave. Smart are guilty of disability discrimination because in the appeal this was explained, so they 'knew or should have known' about the protected characteristics of a passenger and the issue of the wheelchair getting stuck in sand and the passenger injuring her foot and deciding not to stay after all. The EA is not guidance, it is the applicable law and it is a statutory DUTY in law, that Service Providers in customer-facing environments MUST make reasonable adjustments to suit disability need. And this is not restricted to merely bunging in some disabled bays - time is a factor requiring reasonable adjustments too.

Fifth Point: No 'legitimate interest' or 'commercial justification' can be reasonably argued, in a case involving clear disability discrimination. This series of events over a period of minutes does NOT attract any tariff, let alone £100 charge. Clearly this was one to cancel at the outset when Smart got the appeal. There is certainly no 'legitimate interest' shown - the charge being pursued under these circumstances is the very definition of 'unconscionable' and breaches the EA 2010. This PCN fails the test established in ParkingEye v Beavis where at 28 it was held: ''A damages clause may properly be justified by some other consideration than the desire to recover compensation for a breach. This must depend on whether the {parking firm} has a legitimate interest in performance extending beyond the prospect of pecuniary compensation flowing directly from the breach in question.'' Clearly, there is no legitimate interest in expecting a disabled person with an injury - and their carer, grappling with a wheelchair - to 'perform' the task of leaving as quickly as an able-bodied person hopping back into their car and driving out.

Sixth point: This IS (unlike in the Beavis case) an unfair penalty. At the Supreme Court it was held at 107: ''In our opinion the term imposing the £85 charge was not unfair. The term does not exclude any right which the consumer may be said to enjoy under the general law or by statute'' But here, it does 'exclude the right' the consumer enjoys under the applicable statute (the EA) to a 'reasonable adjustment' of Grace Period time.

Seventh point: No contract accepted; unlike in the Beavis case, the occupants of the car had no opportunity to understand what they would later be held to have 'agreed'. The vehicle left as soon as possible after deciding NOT to stay and the fact the vehicle took a few minutes longer to leave than one with able bodied passengers is shown by the video evidence of how long it takes merely to clamp the wheelchair back in place safely. This was NOT an unreasonable time taken to leave and does not render the occupants of the car liable to pay a tariff for the time taken, which was not parking time but 'loading of wheelchair' time.

Eighth point: no landowner authority - and quote 7.3 of the BPA CoP.

I read somewhere something about saying that the first letter I got says nothing about POFA for NTK. I really not understand that part. I found where exsapling shorten names so I get POFA mean protection of freedom act and NTK means notice of keeper I just no understand what mean by my first letter connect to any that I not even can read my first letter other than bit on side as it all in tiny writing it no is in large print.

*That point should win it for you. Find it already written on another Smart thread by searching 'Smart POPLA no keeper liability'.

it not like me was there for 2 hours swim in sea and catchin sun. wish me had because it my dream go on beach but now they take my dream away to ever try go beach again.

The BPA should hang their heads in shame.

Ralph-y

Stacey81 .....

you are now getting the best advice that you will get any where .....

try a solicitor and pay ££££ ....nope they will not know / understand what CM does ......

please follow her advice to sort AND win this .....

good luck

Ralph:cool: