St Michael’s Mount & Long Stay Marazion Car Park

devonfan

Received a PCN by post from Initial Parking: for Unpaid Tariff Time.

As advised in the forum Newbie section, PLAN A is to write to the car park
land owner (St Aubyn Estates) to complain with our story/account events of
what happened that day and ask for the PCN to be cancelled.  However, unsure
how to do this honestly without the obvious need to admitting to being the
driver, which the PLAN B advises against?

Concerned because if this email letter fails/is ignored or simply forwarded
to the parking operator, then my PLAN B to next send template "as keeper" to
the operator online appeal page, will be contradictory.

Any suggestions or am I totally misunderstanding the best course of action
here?

Many thanks.

Le_Kirk

Dear Sirs, I wish to complain about the tactics of the parking company that you have contracted with at ...........  The keeper of the car in which I was a passenger........

Redx

Or , We visited ,... and I am dismayed because we have received a PCN ,..........  Or similar

It's called the royal WE !!  We are not amused

Have a read of the recent Marazion discussion thread lower down the page or on page 2

https://forums.moneysavingexpert.com/discussion/6284025/pcn-for-marazion-long-stay-and-overflow/p1

Coupon-mad

Yep, 'we did this/that in good faith and we are horrified...'

Amazes me that people can't think how to word a complaint without saying who was driving!

devonfan

Thanks... yes... definitely written using only WE... lets see what happens

D_P_Dance

Complain to your MP and the local tourist office, and write bad stuff on social media..

devonfan

As the newbie FAQ advises, I tried PLAN A making a written complaint directly to the land owner... they were very polite and said they would look into the matter for me... but now, after waiting 8 days for a concluding reply... they have very coldly just said today any challenge has to be taking up with Initial Parking.

The time window for reduced fine has now past off course.

Is PLAN B now to 'appeal as keeper' using the blue text template?  

Redx

devonfan said:

As the newbie FAQ advises, I tried PLAN A making a written complaint directly to the land owner... they were very polite and said they would look into the matter for me... but now, after waiting 8 days for a concluding reply... they have very coldly just said today any challenge has to be taking up with Initial Parking.

The time window for reduced fine has now past off course.

Is PLAN B now to 'appeal as keeper' using the blue text template?  

Correct , that is following the correct steps

Coupon-mad

The 14 days doesn’t affect you anyway as you were not going to pay it!

devonfan

Plan A rejected (by landowner), Plan B auto-rejected by IP (did the blue template), now ready for Plan C to appeal POPLA...
 
Tempted to simply send POPLA the exact same letter (sent to the landowner), which explains in detail what happened.  Everything will be on Initial Parking's CCTV (if they have that) as well as ANPR?

Essentially, after parking for less than an hour we were in essence "prevented" by a very curt Initial Parking employee from actually paying (the 1 pound parking fee) as he didn’t like that my young son's bike rack (for his Disability Trike) stuck out some 50cm or so from the rear of our camper.  He said it made it over-length... and sternly told us to leave the carpark immediately OR would get a 100 pound fine!!  The clear understanding being if we just left, that would be the end of it.  

Being a Blue Badge holder and needing to park as physically possible to the playground (our lad wanted to visit) we were shocked at the IP employee's uncaring attitude and stance.

Signage clearly stated (as does landowner's own website) that payment can be made at ANY time and yes we WANTED to pay.

Researching since... the owners website does mention vehicles over 5.5m (inc vehicles with a trailer) should park in the Overflow car park opposite, but nothing about a 100 fine if you cannot or don’t?  I think our camper is about 5.6m

The PCN is for unpaid tariff time, not for being 10cm over-length?

Seems we don’t come under any of the 'reasons for appeal' that POPLA list.  Also, seems the forum advice is never to admit as being the driver but still unclear how to correctly appeal to POPLA without simply telling the truth.

Suggestions anyone?
 

Redx

If IP complied with POFA then no problems using a driver based appeal

When uploading Popla appeal , you choose OTHER , it's that simple

POPLA will rule on points of law and rules , not mitigation , so the Popla appeal should concentrate on the following

No landowner authority
Poor and inadequate signage
Frustration of contract
The BPA CoP
The CRA 2015
The Equality Act 2010
POFA 2012 if not complied with , as keeper

Etc