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Stung for simply entering Fistral Beach car park
curlykate2017
Posts: 1 Newbie
We have just received a PCN through the post after a recent holiday in Cornwall. Whilst in Newquay we thought we would go to visit Fistral Beach so we followed the signs and ended up in the car park. However, when we arrived it was very very windy and there was lots of sand blowing up from the beach. We have a 1 year old and 3 year old and decided it wasn't safe to take them on the beach. Whilst in the car park our (recently potty trained) 3 year old decided he needed to go to the toilet right then (!) so we let him get out of the car to ensure that there was no accident. At no point was the car left unoccupied.
Once he'd done what he needed to we then drove out of the car park again. This whole process took 12 minutes according to the photograph of us entering and then leaving the car park. We did not consider that we needed to buy a ticket whilst in the car park as we didn't believe we had actually 'parked'.
We believe this ticket was issued unfairly as we didn't realise that merely driving into the car park was a chargeable act and wonder what the best route for appealing is?
Thanks
Once he'd done what he needed to we then drove out of the car park again. This whole process took 12 minutes according to the photograph of us entering and then leaving the car park. We did not consider that we needed to buy a ticket whilst in the car park as we didn't believe we had actually 'parked'.
We believe this ticket was issued unfairly as we didn't realise that merely driving into the car park was a chargeable act and wonder what the best route for appealing is?
Thanks
0
Comments
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Do four things.
1. Read the NEWBIES FAQ sticky, post #1 (no need to read the other posts at this stage).
2. Google search ‘BPA Code of Practice’ and read Clause 13 about ‘Grace Periods’ (note plural).
3. Send the blue text appeal to Smart Parking within their 28 deadline with an added paragraph about the need to allow the Grace Periods on entering and exiting the car park - no identifying the ‘driver’, no ‘I parked’, or ‘I didn’t see the signs’, everything ‘the driver’. Also forget about the ‘toilet story’, sorry, not being harsh, but totally irrelevant in getting this sorted.
4. Do a forum search on ‘Fistral Beach’ and read the dozen or more cases from this summer holiday period, most, if not all, which have been brought to swift, successful conclusion.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
as above
forget the "story" and concentrate on a legal appeal on a technicality
use the blue text template "as is" , appealing as KEEPER
no inferring who the driver was - dont tell em PIKE !!0
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