Fistral Smart Parking - not sure I have grounds to contest

Trekelynn

I have read the really helpful threads on here (thank you kind people). I have received a Smart Parking Charge Notice relating to an offence on 10th May, notice dated 16th May and received 20th May. My 'offence' is that I paid for one hour (and did so via a phone and pay app) but left 11 minutes after my session expired. The signage is large and the £100 possible fine is in large lettering. I can't see how I can use the helpful sample appeal letter. The only thing I can see is that the signage doesn't mention the BPA and that the 'grace period' that should be allowed is a min of 10 mins but could be up to 20 possibly? Can I still appeal? I remember the day - it was beautiful and all locals were out and the fistral headland was just gorgeous. My son took longer to walk back with me, playing, and we clearly overshot our time. I haven't parked there before and didn't realise that it was a camera managed car park (I am not aware there were foot patrols and there was certainly no notice left on my car, otherwise I would have extended the parking period by another hour before leaving). This postal PCN is the first notification I have received but appears to be within BPA standards. Do I have any grounds on which to appeal and obtain a POPLA code?

fisherjim

There are always grounds you need to read the newbies thread in more detail, and I am absolutely sure the sign does not say this:

...the £100 possible fine is in large lettering.

Umkomaas

@OP. Please use paragraphs in your next post - a wall of text puts many regulars off reading, let alone responding.

You could also edit your first post to paragraph that too, please.

The_Deep

You have very good grounds to contest this on the grounds that the terms and conditions are almost impossible to read.

Look at the right-hand T&C sign here at 50.25.03.96N, 5.05.551.48W on google earth, it would surely take a person 10 minutes to struggle through that wall of fine print, and this for a car park, not a complicated piece of kit like a Smart Phone.

You can probably also contest it on standing, contract, timeliness, and perhas, permissions.

Fruitcake

There are loads of appeal points available to you. I don't believe the signage is adequate at all, and as already pointed out, it will NOT have the word "fine" on it anywhere. You made that up.

Follow the tried and tested process in the NEWBIES used successfully by hundreds if not thousands of people here.

Start with the BPA template in blue, then read up on how you will beat them at PoPLA.

Coupon-mad

not sure I have grounds to contest

The keeper does - and Smart will probably just cancel at first appeal! If not, you'll win at POPLA, no sweat.

Send them the usual template appeal from the NEWBIES thread and they may well just fold. Don't say who was driving.

left 11 minutes after THE session expired.

DONT USE WORDS LIKE 'ME, MYSELF or I!!

But 11 minutes is in fact the intended MINIMUM grace period for the BPA, here is an example POPLA appeal (second stage, should you need it) about the eleven minutes rule:

https://forums.moneysavingexpert.com/discussion/comment/72564956#Comment_72564956

During a BPA Professional Development and Standards Board meeting in July 2015 it was formally agreed that relevant changes to the Code of Practice would be made to ensure compliance with the DfT guidelines regarding grace periods.

“Implications of the 10 minute grace period were discussed and the Board agreed with suggestion by AH that the clause should comply with DfT guidelines in the English book of by-laws to encourage a single standard. Board agreed that as the guidelines state that grace periods need to exceed 10 minutes clause 13.4 should be amended to reflect a mandatory 11 minute grace period.”


This is sooooo easy to win!

Trekelynn

Thank you everyone for your encouragement. I'll give it a go. Genuinely had read the newbies post but the sample letter had elements that I couldn't argue hence my queries. Wish me luck and thanks again.