Initial parking at Marizion in Cornwall

Redx

hx561civic said:

The driver has tried every best way to pay via app/phone but no success. 

I don’t feel the driver has any faith winning if this goes to court, he is thinking maybe just pay for the £60 for these scumbags and close the file 

But the sign clearly says £2.50 for up to 2 hours , meaning more than the one hour paid for !!

We understand it was difficult to pay , but to pay £1 makes no sense , but the invoice from Initial Parking does

The paying person clearly underpaid by £1.50! The invoice for £100 proves it when we see the signs and ticket stub. That is how Popla and. Judge will see it

hx561civic

Thrugelmir said:

Coupon-mad said:

Or should have avoided any private car park and parked on street, even if it meant a short walk.

Or stayed at the vehicle while another memember of the party resolved the payment issue. Given there were a variety of options available.  No one seems to be bothered about parking on double yellow lines these days, even in extremely dangerous locations. Why should car parks be any different. 

Yes this is exactly what happened! Only one member of the family went to sort out the payment while the rest waited in the vehicle. 

hx561civic

We didn’t expect the first half an hour was calculated while the driver struggled to pay. Oh well a lesson learned! £60 for the lesson 

hx561civic

Thanks everyone for all the advice anyway. 

Redx

I am afraid that it's a very harsh life lesson , but although your defence could be used in court , getting a judge to agree might be difficult , but not impossible , but a loss in court is about £200

hx561civic

Redx said:

I am afraid that it's a very harsh life lesson , but although your defence could be used in court , getting a judge to agree might be difficult , but not impossible , but a loss in court is about £200

Yes you’re right. And the time and stress of going through court is not something the driver wants to go through. Thanks 

Redx

Your argument is similar to this 7 year old case at Fistral beach , Newquay

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

So not an impossible argument , but is the driver willing to risk £200 on it ? That is the real question here , because persuading POPLA will be an uphill struggle , and this Initial Parking case is about underpayment , not waiting for a space

Le_Kirk

hx561civic said:

The ANPR system is so unfair, the driver spent almost spending 30 mins to find a parking space and try to pay, then ended up being send a bill for underpayment! it absolutely defeat the purpose of the convenience of using a carpark! 

In this scenario, they win and the driver lose 

There's clearly no convenience in using a car park if you have to go through hassle for 30 minutes trying to pay.  Despite the fact that the terms board are ambiguous and contra proferentum should kick in, you didn't pay for the whole session of parking.  As others have now pointed out, if you had paid for two hours it would have included the first hour of faffing and the second hour of parking.

Coupon-mad

Coupon-mad said:

Or should have avoided any private car park and parked on street, even if it meant a short walk.

Or stayed at the vehicle while another member of the party resolved the payment issue.

That would not have helped in a private car park, but would be OK on street.   

No idea why people always seek out car parks in towns like Newquay, where the streets are not all permit only or DYL.  I almost never use a private car park, only at Sainsburys or Tesco, really.

hx561civic

It was our first staycation and first visit to Cornwall. What a lovely place it is with beautiful scenery but the down side was a very expensive trip to visit the beach 
Now we’ve learnt our lesson and will be absolutely cautious next time whenever I see the word “ANPR”