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Another Smart Parking at Fistral Beach - won

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  • Another Smart Parking at Fistral Beach - won

    Hi,

    Got the PCN through the door this morning, no ticket on windscreen issued.

    Background story is we drove in, never exited the vehicle, decided we didn't want to stay as charges were excessive and nothing to do there, re-programmed satnav to take us elsewhere and left the car park.

    Time in ******* and time out ******* so 13 mins and a second.

    Having read this forum should i appeal with the following :-

    Dear Sirs,

    I, as registered keeper, wish to invoke your appeals procedure. The driver did not wish to enter into a contract after thoroughly reading your terms and conditions and opted to leave immidiately.

    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


    Any assistance or advice much appreciated.
    Last edited by GeorgeFormby; 3rd October 2016, 13:48:PM.
    Tags: None

  • #2
    Re: Another Smart Parking at Fistral Beach

    Dear Sirs,


    I, as registered keeper, wish to invoke your appeals procedure. The driver did not wish to enter into a contract after thoroughly reading your terms and conditions and opted to leave immediately. I note from the code of practice that a grace period on entry and a minimum 10 minutes on exit are required which should more than cover the time taken for this given how busy the car park is.


    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


    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

    Comment


    • #3
      Re: Another Smart Parking at Fistral Beach

      Many thanks Mystery1.

      The car park did only have around 20 cars in it though, was almost empty. Assume they would know this through amount of tickets paid and issued?

      Still a valid argument?

      Thanks again.

      Comment


      • #4
        Re: Another Smart Parking at Fistral Beach

        From what i hear, that's unusual.

        Delete "given how busy the car park is."

        M1
        ********************************Signature********* ************************

        Private messages are off as all help on this site is on board.

        Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


        I can only help with what you tell me. Post up information (other than names and addresses!).

        I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

        Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

        If you want to tell someone YOU were driving, go to confession.

        I,I,I,I,I,I should be avoided unless you are Jim Diamond.

        Comment


        • #5
          Re: Another Smart Parking at Fistral Beach

          Have sent them:-

          Dear Sirs,


          I, as registered keeper, wish to invoke your appeals procedure. The driver did not wish to enter into a contract after thoroughly reading your terms and conditions and opted to leave immediately. I note from the code of practice that a grace period on entry and a minimum 10 minutes on exit are required which should more than cover the time taken for this given the locations of signage and how busy the car park normally is.

          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

          GeorgeFormby

          - - - Updated - - -

          Many thanks again.

          Yes it was only last week and out of season. We were surprised how empty it was too!

          Much appreciated and i'll let you know how i get on.

          Comment


          • #6
            Re: Another Smart Parking at Fistral Beach

            Communication from Smart Parking:-

            Dear Mr *********

            Thank you for your recent communication received.

            I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

            If i can be of any further assistance please do not hesitate to contact me.

            Yours sincerely
            Smart Parking Ltd.

            **************

            Many thanks to Mystery1 and the forum!

            Comment

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