1 day, 2 tickets Newquay

Ncranny · 1 October 2018 at 4:10PM

Got the SAR back as well, the ticket was issued for waiting 20 minutes for a parking space.

Coupon-mad · 1 October 2018 at 4:30PM

That's fine!

As long as you never say who was driving, the car could have been there 20 hours!

The_Deep · 1 October 2018 at 6:14PM

Have you read this?

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

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Ncranny · 8 January 2019 at 2:56PM

Quick update.

Smart Parking cancelled immediately.

Popla appeal against ParkingEye has been allowed - but not for what I appealed for which was the late issue of the PCN. Instead they seem to have cancelled it simply because they couldn't prove who was driving.

The operator has stated in its evidence pack that it considers the appellant is the keeper. Having reviewed the evidence, I do not consider the appellant has admitted to being the driver in their appeal. However, he is the registered keeper. I will therefore be considering his responsibility as keeper of the vehicle. In order for the keeper to be liable for the parking charge, the operator has to follow the strict requirements of Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. Having reviewed the evidence the operator has not referenced that they are attempting to transfer the liability for the PCN from the driver of the vehicle to the keeper of the vehicle using PoFA 2012. As the operator has not complied with PoFA 2012, the appellant cannot be held liable for the PCN as the keeper. As such, I conclude the PCN has been issued incorrectly, and therefore I must allow this appeal. While I acknowledge the appellant has submitted further grounds of appeal in support of their case, as I have allowed this appeal for other reasons, I do not consider it necessary to consider them further.

Thanks for all your help!

Fruitcake · 8 January 2019 at 3:10PM

A reasonably clued up assessor for a change.

Well done, but you would have won on late NTK = no keeper liability if the assessor had got that far.

Now you know how to deal with this sort of scam, tell everyone you know what to do if they get a PCN, and please do complain to your MP. It really is the only way to stop this unregulated scam, and it will be helping us in return for us helping you.

1 day, 2 tickets Newquay

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