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Please help 5 PCNs - NTK Fistral Newquay

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  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Blue222 wrote: »
    Dear Umkomaas, Redx and Coupon Mad,
    Thank you.
    The entry and exit times were always around one hour / hour and half so grace doesn't apply. So shall I leave it out?

    But it's relative to the amount of time paid for.
    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 Street
  • Blue222
    Blue222 Posts: 20 Forumite
    Ok great I will add it. Thank you
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Blue222 wrote: »
    Ok great I will add it. Thank you

    No, you need to give us the details first, then we might be able to provide you with the correct analysis and the right form of argument to make.

    Ticket 1:

    Entry time:
    Exit time:
    Amount of time purchased.

    Ticket 2:

    Entry time:
    Exit time:
    Amount of time purchased.
    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 Street
  • Blue222
    Blue222 Posts: 20 Forumite
    Ticket 1:
    Thanks Umkomaas

    Entry time:15:04
    Exit time: 16:44
    Amount of time purchased. We didn't pay as we stupidly thought it was free for disabled badge holder so with Coupon-Mads advice we hope we will get off with my first point numbered 1. (Over 14 days. )

    Ticket 2:

    Entry time: 15:19
    Exit time: 16:22
    Amount of time purchased.
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Blue222 wrote: »
    Ticket 1:
    Thanks Umkomaas

    Entry time:15:04
    Exit time: 16:44
    Amount of time purchased. We didn't pay as we stupidly thought it was free for disabled badge holder so with Coupon-Mads advice we hope we will get off with my first point numbered 1. (Over 14 days. )

    Ticket 2:

    Entry time: 15:19
    Exit time: 16:22
    Amount of time purchased.

    OK, without paying you've no chance on a Grace Period appeal. You must surely win on the 'over 14 days', but we don't second-guess POPLA as they have too many assessors who prove regularly (and worryingly) that they do not understand this stuff.
    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 Street
  • Blue222
    Blue222 Posts: 20 Forumite
    Thanks for your time Umkomaas. I hope I have been clear enough with the over 14 days on my point number one. Would you say its ok? I know you have already but just one last double check before I hit submit!
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 September 2019 at 9:14AM
    Please add the points about the contract failing the requirements of the Companies Act that I mentioned in post #44 into your No Landowner Authority section, and make it point 1.

    If you win on that point we can use it for other Fistral cases.

    See post #48 of this thread where I have expanded on the explanation.

    https://forums.moneysavingexpert.com/discussion/60270993
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Make all the recommended changes by me , Umkomaas and Fruitcake and it should be good to go

    Blue badges rarely give free parking on private land , also rare for it to be 3 hours or longer , it's there to allow access to disabled spaces and reasonable adjustment for the condition , not free parking

    Please check signage in future and assume 3 things unless proven otherwise

    Pay and display may be required as in this case

    Time limits may also be in force

    Vehicle registration may be required at a PDT terminal or an iPad or similar


    In other words , there may be lots of hoops for the disadvantaged to jump through , I know because I too have a blue badge and have done so since they were orange
  • Blue222
    Blue222 Posts: 20 Forumite
    Hi all, Thank you for your time. I sent the appeals the evening before Fruitcakes reply (to change the land owner authority to point 1). I will keep you informed. Many thanks
  • Blue222
    Blue222 Posts: 20 Forumite
    Hi Coupon mad
    I have just had the two of the three rejections back along with popla codes. Unfortunately, what we hoped for didn't work - they have written to us rather than my mum (who the original appeal was written from and owner of the disabled badge).

    So do I send the same POPLA appeal as in the newbies and shall I make point 1 as Fruitcake suggested above - I have copied it here too:

    'Please add the points about the contract failing the requirements of the Companies Act that I mentioned in post #44 into your No Landowner Authority section, and make it point 1.

    If you win on that point we can use it for other Fistral cases.

    See post #48 of this thread where I have expanded on the explanation.

    https://forums.moneysavingexpert.com/discussion/6027099/fistral-beach-newquay-inital-parking-please-help&page=3'
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