Smart parking Fistral Beach, Newquay

Jey1981xxxx

Thank you all so very much for your information and support. I will be contesting this and I absolutely will forward on my complaint to Steve Double. I am expecting another letter through within the next couple of days with yet another Smart Parking charge as it took forever to get parked there again last Friday! It it absolutely scandalous and has really upset me. Thankfully I have both parking tickets from both car park stays.

Does it cost £27 per POPLA application?

Coupon-mad

It's free for you. Costs Smart £27, which is why they often fold when they see the template appeal from the MSE NEWBIES thread, which they recognise.

The_Deep

The terms and conditions from GooGle Earth (Jan 2016) appear to run into hundreds of words of very small print. I am sure that many are unfair.

https://www.netlawman.co.uk/ia/unfair-terms-consumer-contracts

This is a car park, not a contract to build a nuclear power station.

finstralwinner

I got a ticket a few months ago. I had paid for parking (twice actually) but with the wrong registration number.

I appealed it successfully using a template i found online which i customised to the car park.


I'm pretty sure my appeal would work for anyone as the detail about actually buying a ticket was buried in the document and not a major part of it.


I've put the file here in case it helps anyone else!

edit - the site won't let me post links, so here it is with some spaces - if anyone wants to repost it then be my guest.


https drive.google.com /file/d/1y4vV27tepVqSL3Oti7nxIIzUDVb8IyTx/view?usp=sharing

Umkomaas

https://drive.google.com/file/d/1y4vV27tepVqSL3Oti7nxIIzUDVb8IyTx/view?usp=sharing

So, did POPLA uphold the appeal, or did Smart not contest it?

Nonetheless, a 'win' is a win, however achieved! :T

finstralwinner

Smart did not contest it.

beamerguy

finstralwinner wrote: »

Smart did not contest it.

Good news, just shows that Smart were scamming you
and all the others at the infamous Fistral beach.

Smartparkingsuksasz

Hello all. I have just joined MSE and I wanted to comment on the Smart parking Fistral Beach, Newquay thread. I hope this is not a violation of the rules. If it is, I apologise and please move my reply accordingly.

I recently managed to successfully challenge a Smart Parking ticket via a POPLA appeal and I just hoped it may help anyone else who has been caught out by this pathetic company. I don't think I have ever come across such a blatantly convoluted system which is has so clearly been designed to catch people out, even when they are trying to use the system correctly.

I was in Cornwall last October and decided to visit Fistral Beach. After driving into the car park with my pregnant wife and 2 young boys in a large 7 seater vehicle we searched for a space but the car park was packed and after several unsuccessful circuits we simply gave up and drove out. I didn't think anything of it until I received a Parking Charge Notice in the post for £100 or £60 if paid within 2 weeks. I was totally bemused as we hadn't parked, got out, turned off the engine or even stopped. After reading the PCN and a few google searches later I realised that the the operators, Smart Parking Technologies manage the carpark and have an ANPR system which logs your entry and exit time. You are then expected to pay for 'parking' from the time you enter until the time you exit, regardless of whether you are parked or not. You would only know this if you read the numerous signs of small print. Having never parked or stepped out of the car I had no idea this was the case. I am aware of ANPR systems in free supermarket carparks etc but you have something like 3 hours which I think is reasonable. It turns out at Fistral beach you have a 10 minute 'grace period' which I inadvertently exceeded and which I believe is totally inadequate to find a space, park, read the T&Cs and decide whether to stay. These T&Cs are impossible to read whilst driving and I would never have thought to do so. There's no rising barrier on entry or exit so no suggestion that you would have to read anything. If you go over 1 second, a 'PCN' or 'Parking Charge Notice'is issued, not to be confused with a 'Penalty Charge Notice' which is also a 'PCN'. These are issued by the local council enforcement officers.

I immediately appealed the case to Smart Parking who rejected it, which is clearly standard procedure based on reading numerous accounts of similar cases on multiple platforms and forums. I therefore appealed through POPLA which is an independent adjudicator that rules on PCNs issued on private land. After 8 weeks or so, I am thrilled to say they ruled in my favour after Smart Parking failed to actually provide any evidence of the car being parked in spite of their T&Cs mentioning the words 'Car Park' or 'Parking' in excess of 30 times (I only read this after being presented copies of the signage as evidence) .

I have copied and pasted an abridged version of the POPLA decision below and would be genuinely delighted if it helps anyone else in the position to get off their fine. It also costs Smart Parking £27 for each and every appeal although if you are unsuccessful you do lose the opportunity to pay the reduced amount. This seems totally unfair as it is clearly going to result in many people just cutting their losses and paying the reduced amount, even when they have a very strong case.

The appellant has identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the driver. The operator has provided photographic evidence of the appellant’s vehicle, entering the car park at **** and exiting at ****, totalling a stay of ** minutes. Before a motorist can enter into a parking contract, they need the opportunity to find a parking space, review the terms and conditions and decide whether to remain parked. On this occasion, the evidence shows the car park is a large one with a long road down into the car park itself. the burden of proof rests with the operator to provide clear evidence that the motorist formed a parking contract and failed to comply with this contract, and consequently, that it issued the PCN correctly. Upon consideration of the evidence provided to POPLA, I am not satisfied the appellant formed a parking contract. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.

The_Deep

It is not very smart to get up the nose of an MP imo. This from
Pete Wishart (SNP, Perth) recently in the HofC

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

fatbelly

Smartparkingsuksasz wrote: »

Hello all. I have just joined MSE and I wanted to comment on the Smart parking Fistral Beach, Newquay thread. I hope this is not a violation of the rules. If it is, I apologise and please move my reply accordingly.

Not a problem. Please let the Newquay mp know about your experience

office@stevedouble.org.uk