Fistral Beach

Coupon-mad

2Tickets1Hour wrote: »

While the appellant has raised a number of grounds for appeal, my report will focus solely on grace periods, as this supersedes the other aspects of the appeal. I can see from the Automatic Number Plate Recognition (ANPR) system images provided by the operator, that the appellant’s vehicle entered the site at 10:29. The operator has provided a system print out which shows the appellant purchased three hours parking time at 10:36. Section 13.2 of the British Parking Association (BPA), Code of Practice states, “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go”.

Therefore, from the evidence provided I am satisfied it had taken the appellant seven minutes to purchase a ticket, which I deem to be a reasonable grace period.

As the appellant purchased three hours parking time at 10:36, it would allow the appellant to remain on site until 13:36. From the ANPR images provided I can see that the appellant exited the car park at 13:41.

From this, I can see that the appellant exited the car park five minutes after the parking time expired. Section 13.4 of the BPA, Code of Practice states, “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes”.

I acknowledge that the operator issued the Parking Charge Notice for an 12 minute overstay overall however, based upon the evidence provided I am satisfied that the appellant purchased a parking ticket within a ‘reasonable’ period in line with Section 13.2.

As such, I consider the appellants overstay to fall within a ‘reasonable’ period in line with Section 13.4. Therefore, I conclude the PCN was issued incorrectly. As such, I allow this appeal.

Yay - well done! Common sense showing from POPLA on some of these. :T

Umkomaas

Smart had no reasonable cause to have accessed your data - they know the grace period rules. You could complain to the DVLA in the first instance and ask that they sanction Smart for this abuse.

Ultimately you could sue Smart for a breach of the Data Protection principles. It's early days in adopting this retaliatory strategy, so you could just keep in touch with this forum, PePiPoo and the Parking Prankster's blog and see how cases progress. Your advantage is that you have 6 years to pursue them - so plenty of time if you decide to do so.

Coupon-mad

Smart settled out of court in one of the first cases:

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Worth a punt, I would say, just a LBCCC then a claim costing £25, add that to your claim...

2Tickets1Hour

Thank you, something to consider.


To recap though it was 2 postal invoices from 2 car parks on the same visit! - We did pay at the Parking Eye/Tower Road car park which the POPLA appeal above relates to. Knowing that our ticket was expiring, the driver moved the car down to the Smart Parking beach car park to pick up the rest of the family and load the car up - Smart accepted and cancelled that invoice on the first blue template letter so doubt we are in a strong position there as a ticket was not actually purchased.


Would certainly like to do something positive to protest against these companies though, and will be complaining to DVLA - particularly about ParkingEye. Have also seen mention of writing to MPs. Our own is unlikely to take any action but will the one in Newquay be interested as we aren't local?


Are there any example letters to base the letter to DVLA or the MP on?


Many thanks again all of you.

Umkomaas

Our own is unlikely to take any action but will the one in Newquay be interested as we aren't local?

Ordinarily MPs in areas where you are not a constituent are not interested if you've picked up a ticket in their area.

However, given that Fistral is so dependant on tourism, you might contextualise any complaint to the local Newquay MP in terms of you, your family and your friends have said, that given your treatment at the hands of ParkingEye, no one will be setting foot anywhere near Newquay while they still exist there.

No templates for complaints, but there is a long-running thread dedicated to successful complaints (although the majority relate to complaints to retailers/managing agents about having tickets cancelled). Have a read through some of the complaints which might help you with some phrasing.

https://forums.moneysavingexpert.com/discussion/4766249