Smart parking fine fistral beach

JedTheDog

Hi
Hopefully someone can point me in the right direction with the parking fine that has just landed through my letterbox.

The date of the contravention is 21/04/18
Date on the letter is 06/06/18
Vehicle entering site 15:51:05
Vehicle leaving site 18:12:22

It was very busy on the car park that day with no spaces available straight away.

Does the driver / keeper have any recourse on the fine ?

Thanks in Advance

pogofish

Please start by having a good read of the Newbies Sticky at the top of this forum - it will inform you and lay out your range of options.

beamerguy

JedTheDog wrote: »

Hi
Hopefully someone can point me in the right direction with the parking fine that has just landed through my letterbox.

The date of the contravention is 21/04/18
Date on the letter is 06/06/18
Vehicle entering site 15:51:05
Vehicle leaving site 18:12:22

It was very busy on the car park that day with no spaces available straight away.

Does the driver / keeper have any recourse on the fine ?

Thanks in Advance

Once you read the NEWBIES thread then you have more
to read about Fistral as it is a well known scammers cash
cow

Once a Parking Eye scammers paradise, Smart now scam
the car park
http://parking-prankster.blogspot.com/search?q=FISTRAL+BEACH

http://parking-prankster.blogspot.com/search?q=smart+parking

Smart have been kicked out of major car parks like Asda
for their scam methods.

You were picked up by ANPR cameras and you must
watch this BBC Watchdog video about ANPR
https://forums.moneysavingexpert.com/discussion/5833463/bbc-watchdog-for-those-who-missed-it-regarding-anpr&highlight=bbc+watchdog

You state the time in the car park as 2hr 61 mins so one minute
over 3 hours. What did the signs say was it free for 3 hrs ?
They must allow a grace period of about 10mins
either side.

You need to get all facts straight and by all means appeal
to Smart but don't expect too much as they are scammers/cowboys.

Next will be POPLA who you appeal to and as you will see
from the video POPLA admit to making mistakes about ANPR

Fruitcake

JedTheDog wrote: »

Hi
Hopefully someone can point me in the right direction with the parking fine that has just landed through my letterbox.

The date of the contravention is 21/04/18
Date on the letter is 06/06/18
Vehicle entering site 15:51:05
Vehicle leaving site 18:12:22

It was very busy on the car park that day with no spaces available straight away.

Does the driver / keeper have any recourse on the fine ?

Thanks in Advance

It is not a fine.

If those dates are correct then the keeper cannot be held liable, assuming this was an ANPR NTK, so you will win at PoPLA as long as the driver's identity is never revealed.
Make sure you keep it that way.
Only ever refer to The Driver and The Keeper.

Follow the advice in the sticky thread for NEWBIES.

JedTheDog

So another spanner in the works ... the car is leased ? Will I have to check if and when the cowboys contacted them?

By my calculations the car was on said land for 2hrs 21mins 17seconds. I can!!!8217;t remember how much was put on the car but we paid cash and paid and displayed. It was either 2hrs or 3hrs ... is there any way of finding out ( we no longer have the ticket displayed).

Once again thanks for all your help

pogofish

Please read the Newbies Sticky - this is already covered there.

Coupon-mad

Simply read the section in the NEWBIES thread on company/lease cars and use the Edna Basher version of appeal, which talks about why the lessee/hirer is not liable.

Stop thinking about what happened/proving it. The LAST thing to do is to suggest the hirer/lessee might have been there/driving! Eekk! no.

The fact it's a lease car is not a spanner in the works - a WINNING POPLA appeal point, hard to lose this one! The combination of Smart Parking and a Notice to Hirer suggests to me that it is 100% certain you will win, just by using the Edna Basher version of the appeal template at first stage.

In fact lease/company car drivers are laughing in most cases unless they have a dreadful Fleet Manager or Lease firm who just pay these fake PCNs.

JedTheDog

So I!!!8217;ve just heard back from the lease company (it!!!8217;s taken ages and numerous phone calls and emails) to confirm the date they replied to the PCN. The date they sent the reply was 27th May 2018. The date on the PNC that we received in the post was 06/06/18.

So from reading the newbies thread I!!!8217;ve got a case as they have taken over 21 days to send the letter.

In the meantime though i have received 2 more letters threatening court proceedings.

Am I too late to appeal this ?

Redx

too late to appeal it


you should have appealed it with SMART using the edna basher template as you were told to do some 6 weeks ago

The_Deep

You should not have to pay for time spent looking for a space

https://www.google.co.uk/search?source=hp&ei=8llhW42NHo-SsAfU96R4&q=31+minutes+is+not+parking+pranksterl&oq=31+minutes+is+not+parking+pranksterl&gs_l=psy-ab.3...3956.23688.0.24866.37.36.0.0.0.0.784.4546.20j14j4-

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

JedTheDog

I didn’t have the information from the lease company until the other day.