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Fistral Beach

2Tickets1Hour
2Tickets1Hour Posts: 17 Forumite
edited 19 May 2017 at 12:30AM in Parking tickets, fines & parking
Tower Road / Parking Eye
Parking X
Paid for X hours. They claim the car was in there for X hours X minutes
Ticket not available now to check their times
Invoice dated X
Appeal made X using blue template via the website and in particular stressed the grace periods and also that the invoice was not sent within 14 days.

Just looking for confirmation please - does the 14 days start on the day of the parking? Is it working days / does it include the bank holiday Monday?

Have not heard back from either appeal - BPA Code of practice shows they must reply within 14 days. Again when does the clock start and is this working days please?

Does the keeper need to do anything else yet? Such a worry to get these and would be grateful for any reassurance that they will not escalate further. Look forward to your comments - thank you.
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Comments

  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 May 2017 at 12:17PM
    The keeper does nothing now until a PoPLA code is received. Forget the reply times at the moment, the BPA will support the scammers by saying the CoP is advisory. It's only compliance with the POFA 2012 that really matters.

    Well done on getting this far without asking for help. It really helps the regulars when someone actually takes the trouble to read the NEWBIES and acts upon the advice before posting.

    Stopping to set up a satnav is parking. Driving around looking for a space is not. Neither is driving from and to the place where the ANPR entrance/exit cameras are situated.

    You didn't say whether you bought a ticket for the Not so Smart parking event.

    Have a look at Ivorpaycheque's post where he has provided a video of the route from the entrance to the bottom of the car park, highlighting pinch points and signage traps along the way.
    Sending him a PM might get you more help as well. I'm sure he won't mind.
    The video is up to date if that is the one you have already seen, and I'm sure he would amend it if there were any changes.

    Parking Lie is the one to be worried about. They do court for every perceived infraction of the unregulated made up rules there are. Not so Smart are not so smart, and virtually never do court except in very unusual and specific instances. There about three I have heard of out of tens of thousands of PCNs issued. Parking Lie however send out about 30 000 court papers per year.

    Luckily the parking lie NTK is outwith the POFA 2012 and therefore you will win at PoPLA with this and several other points.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Fruitcake wrote: »
    Have a look at Ivorpaycheque Ivor Pecheque's post where he has provided a video of the route from the entrance to the bottom of the car park, highlighting pinch points and signage traps along the way.
    Sending him a PM might get you more help as well. I'm sure he won't mind.
    The video is up to date if that is the one you have already seen, and I'm sure he would amend it if there were any changes.

    ;)

    The thread in question (maybe):

    https://forums.moneysavingexpert.com/discussion/5349269
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    I ALWAYS take a photo of my ticket when it is on the windscreen. I keep it on there for months, it doesn't take up much memory. I have dozens on my phone. I call it Insurance against cowboys.
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I ALWAYS take a photo of my ticket when it is on the windscreen. I keep it on there for months, it doesn't take up much memory. I have dozens on my phone. I call it Insurance against cowboys.

    Good idea (if you have a camera on your 'phone) as is keeping parking tickets after the event. Since scammers can start small claims proceedings for up to six years after the alleged event, evidence really need to be kept for that period.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 17 May 2017 at 3:42PM
    the day of the parking event is day zero , so day 1 is the day after and day 14 is 14 days after the parking event day (day 15 in total , start to finish) - otherwise they fail POFA2012

    the BPA CoP actually says its 14 days to acknowledge and 35 days to reply with a decision , so have more patience , its only advisory anyway

    the BPA CoP also specifies 2 grace periods , one before an event and one after , so say 5 to 10 minutes BEFORE the purchased ticket starts and OVER 10 minutes to leave , so that covers the PE one for POPLA but not the SMART one due to no ticket being purchased on the day (plus the PE one failed POFA)

    there would have been up to 10 minutes for the smart one , max , before its considered to be a breach of contract

    wait for any popla codes , or any cancellations , bearing in mind the 35 day rule is not enforced
  • Smart parking are cancelling their invoice! I have edited my post to delete the details of that situation.

    So 1 down 1 to go! Very relieved and grateful for the template - thank you.
  • Will definitely be taking pictures of tickets purchased - good idea.
  • Coupon-mad
    Coupon-mad Posts: 155,458 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Good to read - Smart are one who fold easily when they see the appeal template in the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Great stuff.please remember to leave feedback about how you have treated.
    Illegitimi non carborundum:)
  • Feedback where sorry? Here?

    Have posted on trip advisor. Also work in travel so have been telling everyone and anyone to avoid Fistral beach.
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