Intial Parking Appeal Rejected - Fistral

Guybrush01

Hi all


I have just had my appeal with Initial Parking rejected after using the template in the newbies thread, I gave it a go as I saw other people had had theirs accepted. The rejection notice is as follows:


“Re: Parking Charge Notice Number


Site: Fistral Beach, Newquay


Issue date: POPLA verification code:.


Thank you for your appeal received on xxxxx regarding the above detailed Parking Charge Notice. We have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me.


On this occasion, your appeal has been rejected and we are satisfied that this Parking Charge Notice was issued correctly. Fistral Beach, Newquay is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme. These terms and conditions are stated on the signs installed at the site, which are displayed in clear and prominent positions. The terms and conditions of the scheme at this location state that a valid payment must be made for the length of time the vehicle is parked on site. On 11/06/2019, the vehicle was parked without this payment being made. This was a breach of these terms and conditions. Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid. I appreciate that this may not be the desired outcome, however, you have now reached the end of our internal appeal process.


The three options available are listed below: Your options 1) Pay the PCN at the reduced amount of £60 by 14 days. After this time the opportunity to pay at the reduced amount will no longer be available and the amount outstanding will rise to the full amount of £100. This will need to be paid by 14 days. Payment can be made online by phone or by post. Go to call 0333 023 0138. Payments can also be made by cheque or postal order made payable to Initial Parking Limited. Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. Payment can be made using a debit or credit card by calling the automated payment line on 03330230138. For our full Complaints Procedure please visit 2) Make an appeal to POPLA (the Independent Appeals Service) online at using the verification code at the top of this response. The only grounds for making an appeal are stated on the website and the appeal must be received by POPLA within 28 days of the date of this response. If you choose not to submit your appeal online please goto for further detail or you can ask us for a form to complete. If you appeal to POPLA, we will suspend recovery activity on the PCN. The charge will not increase further until the appeal outcome has been determined. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £100. The opportunity to pay and the reduced amount will no longer be available. If you choose to pay the PCN you will not be able to appeal to POPLA. 3) If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the full PCN amount. More Information By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.”


The car in question was in the car park for 20 minutes, I have stated I am the keeper of the driver only. There is no evidence of the car being parked just entering and exiting the car park. I have seen a POPLA appeal that was sent to the previous company running this car park that were called SMART. Im appealing on the basis that no contract could have been formed due to the lack of legible signage and terms, the terms stating that you have to pay within ten mins are in small print on a separate sign halfway down a hill to the entrance of the carpark. I do have some photos of the signs from that appeal however they still have the smart name and logo on, even though the signs are identical could Initial say they are out of date?


I now need to weigh up whether its worth taking it to POPLA as I will have to pay £100 rather than £60. Any advice would be appreciated.


I have enclosed that previous POPLA appeal, would people recommend sending that off?


Thanks in advance!


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

Coupon-mad

Pretty sure I commented on an Initial Fistral beach POPLA appeal only yesterday, so search the forum for Fistral, being the most unusual word.

You will win on no keeper liability if the NTK isn't POFA-worded for keeper liability.

Fruitcake

You need pics of the site and signs as it is now, not when Not-so-Smart were mis-managing it.

Use all the appeal points available to your from post 3 of the NEWBIES, then post your draft here for checking before you submit it.

Check the dates and wording of the PCN/NTK against the PoFA requirements to see if they have failed to transfer liability to the keeper.

Other points are, not the landowner, no standing to issue charges in their own name, inadequate signage, and grace periods.

Your link made live. Some of those points can be used but you do need up to date photos and to check the NTK against PoFA in order t use the other points.

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

Guybrush01

Unfortunately the notice itself does mention POFA:

https://
ibb.co/9YsSQwr

https://
ibb.co/YXR7Y2X

Coupon-mad

https://ibb.co/9YsSQwr

https://ibb.co/YXR7Y2X

Yes it's a POFA one. Was it sent in time to arrive within 14 days?

Guybrush01

Yes it arrived by post on the 14th day after the alleged offence.

Redx

The 10 minute rule applies across the industry more or less

Read the BPA Cop, it's been a factor for about 7 years

The 10 minute rule also applies a lot on public roads and council car parks etc too

The EA2010 covers disabled people and their needs, such as reasonable adjustment

A well worded popla appeal can win out, if thought about and worded correctly

But a defeatist attitude will lose

MistyZ

Do you want to win this?

Let's put it this way, the circumstances do you no disservice so don't dwell on them. In fact edit out some of the defeatist statements 'cos the parking companies do lurk here and have been known to use people's posts against them.

There will be technical points you can use at POPLA.

The_Deep

Complain to the landowner, the Tourist Board, local papers, Facebook and your MP.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.