Smart Parking Fistral Nequay ANPR - Success

benji_rich

Smart Parking Fistral Newquay ANPR - Success!


Dear MSE forum members,


I just wanted to say thanks.


I successfully had a ticket cancelled by following the (really easy to understand) forum advice. It took me c30 mins of research and 15 mins of cutting, pasting and data entry to achieve this result. You just need some common sense, to take your time to research on here and understand the law and your rights and what you should and MOST IMPORTANTLY should not say. You also need to have faith as this goes against what many may think to be correct!

My original ticket was for £100 (£60 if paid promptly) and I certainly don't earn either those figures an hour so it is well worth it!

I used the advance search feature for "Smart Parking AND Newquay" or "Smart Parking AND Fistral" or something along those lines.


From memory I think there was roughly 16 minutes between " the driver's" car park entry and exit. Basically we were were going to stay and park in the car park until we realised there was a surf comp on and the waves were heinous so we decided to go somewhere else. We had been circling / stuck in the car park for the whole time....... ;o) (I didn't actually say this and you don't need to).



Some advice:


> Don't make things complicated
> Don't call up the company or admit any liability anywhere or say who was driving in your correspondence
> Do not post up your individual details / the PCN ref number anywhere on the forum as Smart could read the forum and spot an admission of guilt / see that you were driving.
> Do read the parking sticky.
> Do use the standard forum template letter if "the driver" parked at the above location:


Date


Dear Sirs

Re: PCN No. ....................

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

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.

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. 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,


That's all I did and it worked a treat!


Make sure you take a screenshot of the above statement entered on Smart Parking's website, under pay or appeal a PCN . Obviously enter your details as necessary.


I think I read on the forum that 100 % of claims using the forum template have been successful. Mine certainly was. Nb. It took c3 weeks to receive the confirmation that the charge was cancelled from my initial appeal.


Thank you again and good luck to anyone challenging!




Ben

Umkomaas

Brilliant work Ben, a shining example of self help and what the sticky is designed for. So many seem not to want to try to work through the sticky, wanting others to do most of the heavy lifting for them - the remote control life that many live, I guess.

I wonder whether Coupon-mad - the sticky's author(ess) - might just link this thread within the sticky as a foil for those who say, 'too hard', 'too confused', 'help, help, yelp!!!!!!' (including the ubiquitous multiple exclamation marks as symbols of desperate urgency)?