Tower Road Newquay PCN with Smart Parking

HeidiPie1525

I understand there are a few threads with this carpark, however I couldn't find a recent one with Smart Parking as the issuer of the fine.

I parked here on the 15th July 2020, entered the carpark at 13:00, found a space, went to pay using Ring Go so just took my phone, Ring Go wasn't working so had to go back to the car to get cash, waited a bit as there was a queue, got my ticket at 13:08. I paid £4.50, I wanted 3 hours but was 20p short. My ticket shows the amount I paid and the time the ticket was bought, not what time it lasted until. I got back to the car at 15.05ish, had to change a nappy, loaded & strapped the kids in, set the sat nav and left the car park at 15.15.

Today, I receive a PCN in the post for £60. Not happy, found the ticket in the car and I want to contest it. I do not live in Cornwall so I have no way of checking the signage, but I cannot believe that there is no grace period to be able to find a space, park, get a ticket, go back to put the ticket on the car, get the kids out, sort out a pram and leave the car park and then return and have time to load up the kids, strap them in, bung the pram in the car and leave. It takes me a bit longer as I am on my own, however I do not expect a car park to time me from the second I arrive, to the second I leave.

How can I contest this without worrying about further implications down the line? I do not feel that this is fair at all and if they want to charge people from the second they arrive to the second they leave, perhaps they should have a system that you pay for the time you are in the carpark when you leave rather than when you arrive? I am really cross and very reluctant to pay the fine, I feel that it is blatant robbery. I plan to contest it on line but am worried. 

Le_Kirk

1.  It is not a fine
2.  All the cases are the same, you don't need a specific one for that car park and/or PPC; they all claim you broke the rules, you say you didn't.
3.  Back to the NEWBIE sticky, find and send the appeal written for you in blue text.  Do not change, add or delete anything.  Do not mention who was driving - unless you refer to driver - you are appealing as keeper.
4.  If it is an online appeal, make sure that any drop down boxes do not revert to DRIVER before you submit and make sure you take a screenshot before you hit submit.

Redx

Tower rd has featured numerous times on here , as has Smart parking , including pictures of signage , plus there is or was a Newquay Facebook group due to various car park issues so look for it

It used to be monitored by Parking Eye , not Smart parking , I presume it's the church car park ??

Parking companies regularly monitor time on site , not parking time , it's been that way for many years , plus they are not interested in what you do with your time there

Edit your post to only mention what the driver did , do not use the words "My , Me , Myself & I"

Appeal as keeper using the blue text template from the newbies FAQ sticky thread near the top of the forum , appealing as Keeper , no blabbing about who was driving

D_P_Dance

It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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 later this year,

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

Read what Pete Wishart MP said recently in the House of commons about Smart Parking.

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices.

Ralph-y

 the newbies thread/discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1

make sure you start at the first page not last

Ralph

KeithP

HeidiPie1525 said:

...however I do not expect a car park to time me from the second I arrive, to the second I leave.

Why not? Isn't that the time you were in the car park?

Loading the car (of both people and things), changing nappies, setting a satnav, etc, are all things that a driver needs to allow time for. For example, if you know you that to do all those things takes say five minutes, then you must start leaving five minutes earlier. And of course you need to allow a contingency to that, say another five minutes, to avoid running over the allotted time.

It's a bit like setting out to catch a bus. If you arrive at the bus stop late, you miss the bus. That's not the bus company's fault and I'm sure you wouldn't think of blaming anyone but yourself in that situation..

Coupon-mad

However, all Smart Parking cases are winnable at POPLA, becaue they can't hold a keeper liable. 

As long as the driver is mot admitted at any stage this is be a cinch, as all Smart Parking cases are.  This is what the NEWBIES templates for the 2 appeal stages are for!   I've said before, there's no need for any Smart Parking threads, all the time they continue to issue non-POFA Notices to Keeper (please don't reply showing the NTK to us, saying you think it's a POFA one...it's not).

Coupon-mad

KeithP said:

HeidiPie1525 said:

...however I do not expect a car park to time me from the second I arrive, to the second I leave.

Why not? Isn't that the time you were in the car park?

Loading the car (of both people and things), changing nappies, setting a satnav, etc, are all things that a driver needs to allow time for. For example, if you know you that to do all those things takes say five minutes, then you must start leaving five minutes earlier. And of course you need to allow a contingency to that, say another five minutes, to avoid running over the allotted time.

It's a bit like setting out to catch a bus. If you arrive at the bus stop late, you miss the bus. That's not the bus company's fault and I'm sure you wouldn't think of blaming anyone but yourself in that situation..

Except that we all know that the contract in a PDT machine car park only starts when payment is made, and fair parking management requires a consideration period and a grace period!

JonLuc

Dont! DONT use this car park! I had a similiar experiance as Heidi Pie 1525.

Could not get on RingGo had to change my password finally paid for 4- hours parking...phew what a job.

Had a glorious stay in Newquay but was spoilt when back in Nottinghamshire I got a PCN (parking charge notice) from Smart Parking company. Yes very Smart and very clever these people said I did not pay for the time it took for me to pay! Nothing said about the early departure which would have cancelled out the disputed time.

Appealed through POPLA (Parking On Private Land Appeal) and did a second appeal, contacted my Local MP contacted the Mayor of Newquay, who incidentally suggested council parks are cheaper, to no avail.

IF I paid up with no objection £60 because I appealed it now cost me £100 very Smart. DONT use TOWER ROAD Car Park drive on and they've got you!