time of alleged breach.???

gd14sts

New to forum so Hi to all,
Having received not 1 but 2 pcn's from smart at fistral beach via anpr, to say i,m unhappy is an understatement having spent the last 15 years going to cornwall without any past problem, even when parking eye controlled it.
Going through their initial online appeal process (not admitting to be driver) and knowing it would be rejected, i noticed that when pcn number was entered and the details came up on screen (of which i saved copies) they specified the time of breach as the time on which i actually entered the car park. Given this is a p&d car park to which i purchased a ticket for 2 hours, am i wrong in saying that surely the time of breach would be at least 2 hours and 1 minute after entering car park, and can this be used in my defense of pcn.
Also , both pcn,s arrived through post 15 and 16 days after date of alleged breaches, does this still help as breach of pofa,
Thank you in advance for help and advice,

The_Slithy_Tove

It's not something I would hang my entire "defence" on. It's a minor point. There are many more relevant arguments against their unreasonable charge.

Le_Kirk

The_Slithy_Tove wrote: »

................more relevant arguments against their unreasonable charge.

..... and one of them would be Grace Periods. Check it out in the NEWBIE sticky on the first page of the forum.

Umkomaas

Do the ticket machines there now require a VRM input to validate the P&D ticket?

gd14sts

Yes they do Umkomaas,
As far as grace periods are concerned they do not seem to give much. One ANPR at the entrance to car park, a one way system around, no separate pedestrian walk way, campers and vans bottle necking all the way round obscuring any additional signage they claim, no where on any signage saying your period of payment is when you enter and exit car park, unmanned between the payment periods,
My 2 pcns claim not enough time paid for,
1st 120 mins paid for, anpr time 148 mins =28 mins over
2nd 120 mins paid for, anpr time 138mins =18 mins over
My initial argument was days taken to receive pcns, 1st - 15 days, 2nd - 16 days
Middle of a world cup, middle of a heatwave, very busy with cars and pedestrians with kids and pushchairs, time taken to get into car park and find a space, then to exit car park, back at car before expiry time of ticket on both occasions,

As said, been using Cornwall car parks including Fistral hundreds of times in the last 15 years, never once had a ticket, letter, pcn, ever.

Thank you for your replies

Coupon-mad

both pcn,s arrived through post 15 and 16 days after date of alleged breaches,

Were they Golden Tickets? See the link in the NEWBIES thread. Compare the back.

System

There is a video of the car park at Fistral Beach from a few years ago. The OP took it to show the judge why a 10 minute grace period was nonsense for that car park in the summer. There is no way you can get to the parking spot at the far end and back in the "average" grace period.

Check C-M's comment but you can trash their "grace" period too.

Castle

IamEmanresu wrote: »

There is a video of the car park at Fistral Beach from a few years ago. The OP took it to show the judge why a 10 minute grace period was nonsense for that car park in the summer. There is no way you can get to the parking spot at the far end and back in the "average" grace period.

Check C-M's comment but you can trash their "grace" period too.

In the Parking Eye v Mrs X ("driving around for 31minutes is not parking") case, Parking Eye confirmed that a 20 minutes grace period, (at para 23), applied to this car park.

Umkomaas

IamEmanresu wrote: »

There is a video of the car park at Fistral Beach from a few years ago. The OP took it to show the judge why a 10 minute grace period was nonsense for that car park in the summer. There is no way you can get to the parking spot at the far end and back in the "average" grace period.

Check C-M's comment but you can trash their "grace" period too.

Here you go - Ivor Pecheque's YouTube vids of the parking chaos at Fistral.

https://forums.moneysavingexpert.com/discussion/5349269/fistral-newquay-tower-road-newquay-golf-club-parking-eye-and-smart

gd14sts

Thank you all for replies, I P's video is a great indicator to what chaos could ensue, I just wish i could find a video of the complete carnage experienced this year by us.
C M I strongly believe these are what you call golden tickets, could i be so bold as to ask if i can pm scanned copies for you to double check and confirm as i,m not sure of what exactly i could copy to forum within rules.
I really appreciate the time you guys take to help.

Umkomaas

To upload a photo/scan:

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've got a few posts under their belt.