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Fistral Beach - Initial Parking

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  • Redx
    Redx Posts: 38,084 Forumite
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    Plus that is definitely true if the keeper was not the driver, in which case both points are very strong
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    edited 23 July 2019 at 1:33PM
    Zzzubbb wrote: »
    Thanks The Deep :Does the law clearly state this and if so where can i find this for reference.?


    It is not defined in law, but this case at the other Fistral beach car park was thrown out for this reason.

    http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

    Alas the comment about not a genuine pre-estimate of loss (GPEOL) is no longer valid, so delete that part.
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Thanks The Deep des the law clearly state this and if so where can i find this for reference.?

    IANAL, I suggest that you ask Trading Standards.
    You never know how far you can go until you go too far.
  • kml
    kml Posts: 20 Forumite
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    Here is a link to the signage provided by Initial Parking in my POPLA appeal response. In case you want to go down the 'insufficient signage' path as part of your appeal.

    hxxps://imgur.com/a/c5XMstZ

    Contains Contract between Landowner & all signage from Fistral Beach
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
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    https://imgur.com/a/c5XMstZ

    So the aerial view mock up map admits to NO signs for any of the cars that park facing the beach, then?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    edited 2 August 2019 at 9:17AM
    Coupon-mad wrote: »
    https://imgur.com/a/c5XMstZ

    So the aerial view mock up map admits to NO signs for any of the cars that park facing the beach, then?

    I don't believe the contract is valid so should be a major appeal point. kml, do you have a copy of the rest of the contract?

    From the Companies Act 2006, section 44,

    2)A document is validly executed by a company if it is signed on behalf of the company—
    (a)by two authorised signatories, or
    (b)by a director of the company in the presence of a witness who attests the signature.


    Discussed here including a case thrown out by a judge for this reason.

    https://forums.moneysavingexpert.com/discussion/5772224/motorists-2-ppcs-0

    Complaints should be made to the DVLA that the scammers are operating without a valid contract from the landowner.

    Complaints should also be made to your MP about this unregulated scam.

    I suggest the OP sends a pm to kml to see if they have a copy of the full contract.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • kml
    kml Posts: 20 Forumite
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    That is the entirety of the contract that Initial Parking provided to prove their Landowner Authority.
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