Fistral beach ticket - Worth appealing?

Timbers07

Hi, new to this board.

I have read several related threads, looking through caselaw and templates etc, all very helpful but of course each case is different and I’m wondering if my case is worth appealing.

Firstly I’ve shot myself in the foot by admitting to being the driver on my initial appeal to ‘Initial Parking’.
(Or at least I think I did but unless I contact Initial Parking for details of my initial appeal I won’t know)
This was a naive kneejerk reaction on my part in disbelief at the time trying to get the ticket rescinded without thinking to research forums etc.
My circumstances are as follows: It was a very busy day and cars were queuing from the round about to find a space. Sat in stationary traffic for about 15 minutes, eventually got one. Then at the ticket machine the screen was blank, quick look up and the instructions said to insert the number plate of the vehicle. Typed in first letter, blank still. Typed first letter again with a harder press just incase first not registered, blank again so just put £6 in as we wanted 3 hours. Ticket then came out with my number plate as ‘**’. 

Screen then had a prompt for the next customer ‘enter registration’.

Obviously an error but Knew they’d be a problem for me straight away but was not going to pay for another ticket. 

Instead I wrote a note on my ticket before placing it on the windscreen.
(At that point I did not know the car park was entirely governed by ANPR)
Anyway we stayed within our 3 hours and left the car park in time. 

After getting home from holiday there was a penalty notice on the door mat.
The notice was for ‘unpaid tariff time’.
The entry ANPR hit at 14.13 and the ticket was purchased at 14.32.
ANPR exit 17.29.
I expected a ticket because my number plate was not associated to a payment being made but thought that by keeping my ticket would be proof that payment was made and that it would then be waived however the appeal to Initial Parking was rejected, they accept that I paid for 3 hours parking but state that I stayed for an extra 16 minutes 20 seconds.

‘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 **, the vehicle was parked without this payment being made. This was a breach of these terms and conditions.’
What I pick up from this is ‘Parked on site’, I was literally parked for 2 minutes before I purchasing a ticket.
As has been discussed on here previously ‘circling is not parking’.
Surely the grace period has to be longer when it is so busy.
All things considered guys, where do you think I stand with appealing to POPLA?
Thank you in advance 

Redx

It's not a penalty notice , not a fine either , it's a parking charge notice , PCN !!  An invoice

If Initial Parking complied with POFA , then outing the driver is irrelevant

Grace periods are covered in the BPA CoP , clause 13 , they are minimums , dependent on how busy it is etc

Frustration of contract is another point when it's busy

Read the section on mis keying , if there was as typo

Overstaying or not enough time paid for is dependent on grace periods , not mis keying

Popla is a lottery , so the technical aspects are all of these for an admitted driver


No landowner authority
Poor and inadequate signagethe BPA CoP
Grace periods
Mis keying issues
Frustration of contract
The CRA 2015

Umkomaas

The holiday season is starting, Initial are rubbing their hands with glee, as the harvest season starts for them, and we'll have at least a dozen Fistral Bay cases to deal with in the next few weeks. Happens every year. A car park everyone should avoid, or face a £100 charge in the post to sort out. 

As well as following the process as outlined in the NEWBIES FAQ Announcement, read other Fistral cases as they inevitably find their way onto the first page of the forum in the coming days and weeks to pick up other bits of information that might help. 

Coupon-mad

Appeal to POPLA anyway.  Do you have dashcam footage as evidence? If not, how about a witness statement from a passenger that it took 15 minutes of circling before a parking space became available, given this location borders the very popular Fistral beach. 

Append the 31 minutes looking for a space at a Newquay beach car park is not parking’ transcript (see Parking Prankster case law pages online for that Judge’s transcript). 

Also search the forum for POPLA NCP Green button’ and copy that wording and grab that transcript too. 

Timbers07

Coupon-mad said:

Appeal to POPLA anyway.  Do you have dashcam footage as evidence? If not, how about a witness statement from a passenger that it took 15 minutes of circling before a parking space became available, given this location borders the very popular Fistral beach. 

Append the 31 minutes looking for a space at a Newquay beach car park is not parking’ transcript (see Parking Prankster case law pages online for that Judge’s transcript). 

Also search the forum for POPLA NCP Green button’ and copy that wording and grab that transcript too. 

No dashcam, but my wife could provide a witness statement. 

Is it a case of just using the template on here but taking out what is not relevant in my case? Is there anything else I can add?
Just wanted a gauge on how likely I am to overturn through POPLA, don’t fancy 6 years of harassing/threatening debt collection letters but at the same time out of principle want to contest it. Thanks 

Redx

Popla is a lottery , no guarantees !!

There are no Popla templates on here , or anywhere for that matter , every popla appeal is bespoke

I already gave you a list of what is relevant to your case , with coupon mad telling you what else to add to it

If you read any POPLA appeal listed on here over the last 18 months , you can pick and choose copy , paste , adapt , paragraphs

That fistral beach car park has been trapping motorists for over 9 years , under Parking Eye , Smart Parking and now Initial Parking. The circling is not parking case is about 7 years old !! So no change there

Castle

Coupon-mad said:

Appeal to POPLA anyway.  Do you have dashcam footage as evidence? If not, how about a witness statement from a passenger that it took 15 minutes of circling before a parking space became available, given this location borders the very popular Fistral beach. 

Append the 31 minutes looking for a space at a Newquay beach car park is not parking’ transcript (see Parking Prankster case law pages online for that Judge’s transcript). 

Also search the forum for POPLA NCP Green button’ and copy that wording and grab that transcript too. 

It's the same car park.

D_P_Dance

This is a well known toutist trap,  Complain to thr Tourist Office, the CofC the landowner, local media and your MP.  Read this

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

KeithP

D_P_Dance said:

This is a well known toutist trap,  Complain to thr Tourist Office, the CofC the landowner, local media and your MP.

For those of us who don't mix in the right circles... who is the CofC?

D_P_Dance

Chamber of Commerce

Coupon-mad

Castle said:

Coupon-mad said:

Appeal to POPLA anyway.  Do you have dashcam footage as evidence? If not, how about a witness statement from a passenger that it took 15 minutes of circling before a parking space became available, given this location borders the very popular Fistral beach. 

Append the 31 minutes looking for a space at a Newquay beach car park is not parking’ transcript (see Parking Prankster case law pages online for that Judge’s transcript). 

Also search the forum for POPLA NCP Green button’ and copy that wording and grab that transcript too. 

It's the same car park.

Is it? I thought the court case was about Tower Rd and this one is about Fistral next door but either way it’s very relevant!