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Fistral beach - smart parking 2016

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  • Fistral beach - smart parking 2016

    Hi,

    I could do with some advice please. I've had a brief look around on the site and it seems I'm not the only person who's having (or had) a bad experience after using the car park at Fistral Beach.
    I was very suprised to receive a PCN from Smart Parking earlier this week (Tuesday 1st November) stating I have to pay £100 (£60 reduced if I get back to them quickly) for allegedly "not purchasing the appropriate parking time or by remaining at the car park for longer than permitted". I went to Fistral Beach back in September on what was me and my partners first family trip to the beach with our 1-year old daughter. Great memories were made and it was a fantastic day.

    I'll get straight to the point:
    • I 100% purchased a ticket. I know this because I actually ended up buying two tickets. It was a nice day and we wanted to stay a bit longer.
    • Having legitimatley parked by purchasing two tickets using the ticket machine I had no reason to believe I should keep them once we left the beach. Of course, by now I don't have the tickets anymore to use as proof of purchase. I use my car for work and clean it regularly.
    • I do however have at least 6 other people who can testify to the fact I bought two tickets because we went there as a group and they stood next to me when I bought the tickets at the machine.
    • I don't understand how their ticket machine and ANPR cameras which clock you in and out haven't 'spoken' to each other and acknowledged that I'd paid for the time I was there. I even left with time to spare on the second ticket....


    From what I've read on this site, I take it I now have to write an appeal letter to Smart Parking? Which will subsequently get rejected as normal. At which point I can request a POPLA code and take it to them?
    I'd like to know if it's actually even worth me taking this all the way or just paying the fine to get them to go away? It would seem the quicker and easier option at this point.
    It's really frustrating and stressful having to now deal with all of this knowing that I used the car park there legitimatley. It's left a really bad stain on the great memories we made of our first trip to the beach and I really think that Smart Parking are disgusting and dishonest.

    Any advice or help would be really appreciated.
    Tags: None

  • #2
    Re: Fistral beach - smart parking 2016

    If the signage remains as http://parking-prankster.blogspot.co...f-fistral.html then the facts as explained do not indicate a breach of the terms. (providing the reg was entered in full x 2). In those circumstances i would expect Smart to cancel right away.

    http://legalbeagles.info/forums/show...ket-on-vehicle

    The driver having bought a ticket and returned to buy another ticket before the 1st ticket expired left before the 2nd ticket expired and as such no contravention took place.

    M1

    Comment


    • #3
      Re: Fistral beach - smart parking 2016

      Thanks M1.
      I will be replying with this:

      Dear Smart Parking,

      I, as registered keeper, wish to invoke your appeals procedure. The driver having bought a ticket and returned to buy another ticket before the 1st ticket expired left before the 2nd ticket expired and as such no contravention took place. The driver used the on-site ticket machine on both occasions and therefore record of this should be on your system/s.

      I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.

      Should you reject my appeal, please supply a popla code.

      Yours sincerely,

      Registered Keeper.

      Comment

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