Fistral Beach/more info for my first appeal?

utigers

Hi do I need to add the second paragraph or is it really just to get a popla code? Thanks


Date 06-09-16


Dear Sirs

Re: PCN No.xxxxxxxx

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

The car park was full on the day in question, and the queues getting into the car park, then looking for a space and then exiting the car park exceeded the time allocation of this site. Therefore no ticket was bought as no parking space was found.

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 before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

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.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Redx

change it to this keeper based statement

The driver states that the car park was full on the day in question, and that the time queuing to get into the car park, then looking for a space to park and then exiting the car park exceeded the grace period time allocation for this site. Therefore no ticket was bought as no parking space was found and the driver eventually exited the car park in accordance with the presumed signage there.

its to either get a cancellation or a popla code

Smart Parking tend to fold when they see a good forum based popla appeal

Ivor_Pecheque

Check out circling isn't parking
The transcript is on the prankies resource page.

Have posted a video (search for my thread on here "Fistral" which demonstrates congstion on the beach car park (SMART)

utigers

Thanks for the replies.

Ivor - Do they have cameras to prove if you circled at this location? Who is the onus on to prove circling?

Thanks again.

Umkomaas

I'm not Ivor, but the only cameras in an ANPR controlled car park are at the entrance/exit, which only take a snapshot of the vehicle on entry and exit.

If you say you were circling, they would need to rebut that. They've got no way of doing so.

Don't overthink this - Smart can be so easily beaten.

utigers

Ok thanks Umkomaas, just wondered if they had CCTV in the main car park.

Redx

even if they did they cannot use it for parking purposes as it would be a clear breach of the licence they operate under

their BPA registration does not allow use of CCTV to target drivers , there isnt even a category on the BPA website for CCTV use, only ANPR use

the technology for anpr use was explained by parking prankster over 2 years ago on his blogs , but in essence its a simple business model

clock the car in using an ANPR camera , clock it out on another ANPR camera (my missus used to do this by "analogue means" with manual punch cards into a mechanical clock years ago in a mill)

if its a pay and display car park , check for payment by checking the VRM against the anpr data and check the "onsite" time against the "paid for" time

if its free , just check the "onsite time" , not parking time

if it exceeds the allowed time or paid for time by more than a certain margin , issue a pcn to the keeper by using a KADOE contract to get DVLA keeper details

in practice they may do some checks as well , looking for typos etc , but they never seem to do the much vaunted checks they talk about , no matter which PPC it is

Umkomaas

I think far too many people are watching Police, Camera, Action and the like much too much!

Andrew_White_2

Hi I have just been reading your thread as I used that car park and have something similar and tried every avenue of advice and am still at a loss.
I didn't receive a PCN from smart parking only a debt collecting agency demand for money.


On the 15th July we visited Newquay Fistral beach and on entering the car park we pulled over. We did not know if it was a dog friendly beach so while one of us waited in the car while I walked down to the beach to find out. I then walked back to the car and drove it further down into the car park near to the beach front. I then purchased a ticket from the pay and display machine and the ticket displayed expired at 16.10hrs.


The first notification of a PCN was when we received a letter form DRP Limited. There was no option to appeal as the 28 days had expired.


I requested an appeal but all efforts were ignored and just redirected to the debt collecting agency.


The appeal is based on two points:

• We believe the time started from when we purchased the pay and display ticket.
• There has no been no notification of the PCN from Smart Parking Limited with documented evidence which has now resulted in a request for payment of £160.

I contacted the CAB who then referred me to POLPLA. and the response was they could not help as the 28 days had expired and no appeal had been made. I explained that how can I appeal if I never received a PCN?


I looked on the website at my PCN number and saw the photos but there is a gap between us entering the car park and me purchasing the ticket, but what are the terms and conditions ? how long are you allowed to circle the car park,like you did, and then purchase a ticket?surely this type of monitoring your time in the car park is illegal you can't have pay and display and photos of entering and leaving?


No one is listening and I wanted to know where I stand?

Umkomaas

No one is listening and I wanted to know where I stand?

Where you stand is that you're too late to appeal to POPLA and now you have a debt collector on your tail. Debt collectors are powerless (please read newbies FAQ sticky, post #4) and Smart Parking aren't currently litigious (although they have 6 years to issue court proceedings). All you can do is continue to ignore unless you get a Letter Before Claim or real court papers.

http://www.bmpa.eu/companydata/Smart_Parking.html

Andrew_White_2

Thanks for the reply .


Sorry but what is" please read newbies FAQ sticky, post #4"