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Fistral Beach/more info for my first appeal?

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  • Coupon-mad
    Coupon-mad Posts: 132,523 Forumite
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    Thanks for the reply .


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

    It means read the sticky info thread 'stuck' near the top of this forum.

    Click on the 'parking fines' part of the breadcrumb trail above (top of page):

    'Home » Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking...'

    You will be on page one where the sticky info threads are stuck like notices for newbies to read, ideally before diving in and posting on the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • utigers
    utigers Posts: 221 Forumite
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    Andrew - I'm no expert but you have probably skipped, through no fault of your own to the 'ignore' stage. This car park is designed to issue as many PCN's as possible and plenty of people will pay.

    I have no intention of paying as I believe I did nothing wrong.

    Smart parking havent taken anyone to court before and a judge has recently said circling for a space means a contract hasnt begun.

    I would be interested to know how you get on.
  • Ivor_Pecheque
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    Hi Utigers,

    in our case, we could not prove, beyond reasonable doubt, that we circled the car park.

    We know the car park well, having spent the last 10+ years there, learning to surf, so we knew we had to pay.

    Think The Judge gave us an easy option out when it got to court. He asked if we could definitely say we didn't park.

    I explained we couldn't definitely say, but on the balance of the probabilities, this was the most likely explanation.

    Went in the court room being honest, and it paid off.

    As regards evidence of not circling at Fistral, I took this photo on 8/9/16, she didn't seem to be carrying any paraphernalia of PPC's, but it was a new sight to me...

    DSC_0760_zps637qqh9k.jpg
    Illegitimi non carborundum:)
  • utigers
    utigers Posts: 221 Forumite
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    Result! Got an email today saying it has been cancelled after sending the above template in. Thanks to all on here who do great work to help.

    Just need to sort out G24 now :cool:
  • Coupon-mad
    Coupon-mad Posts: 132,523 Forumite
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    Great news! Smart do not like the forum appeal in the NEWBIES thread!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • utigers
    utigers Posts: 221 Forumite
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    Coupon-mad wrote: »
    Great news! Smart do not like the forum appeal in the NEWBIES thread!

    Agreed, they just want the easy money hence no court cases. Also possibly why they fold at the first template so no popla code is issued and they dont waste money chasing people that dig their heels in.
  • Umkomaas
    Umkomaas Posts: 41,465 Forumite
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    utigers wrote: »
    Agreed, they just want the easy money hence no court cases. Also possibly why they fold at the first template so no popla code is issued and they dont waste money chasing people that dig their heels in.

    Maybe they call themselves 'Smart' for a very good reason - in the perverse world of private parking! :cool:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Alison1107
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    Hi all, i have received a PCN from smart parking at fistral beach. I was wanting to use the template seen above, like used in the newbie faq thread for my appeal. I dont not remember which thread i saw it on but i believe one of you posted a picture of the signage at fistral beach, where it displays the parking charges it says in brackets 'summer tariffs' but no clear distinction as to when this runs from and to... could you guys advice me if i am going about this correctly using the above template. i can start my own thread if necessary. thank you
  • Umkomaas
    Umkomaas Posts: 41,465 Forumite
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    edited 13 October 2016 at 1:37PM
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    Do a forum search for 'IvorPecheque Fistral', he has posted dozens of photos of Fistral signs. Use the 'search this forum' search button and click 'search posts' rather than use the 'search threads' default.

    Go back through the most recent posts and you'll soon come across some photos.

    If you need any more help, please start a new thread of your own.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
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