Advice sought on PCN - Smart Parking Fistral Beach

[Jonny5ive]

Evening All,

Received a PCN from the above company following a visit to Fistral beach on 16.07.17. Rough calculations suggest that vehicle overstayed ticket time on exit by about 4 minutes.

I welcome advice on appeals process

Thank you kindly

J5

[ostell]

Re: Advice sought on PCN - Smart Parking Fistral Beach

How rough were the calculations? They are in the BPS and the Code of Practise is that there should be a grace period of 10 minutes for leaving after the expiry of the ticket

[Jonny5ive]

Re: Advice sought on PCN - Smart Parking Fistral Beach

How rough were the calculations? They are in the BPS and the Code of Practise is that there should be a grace period of 10 minutes for leaving after the expiry of the ticket

Apologies. Detailed info below

Entry time according to photograph: 13.58:56

Ticket purchased time: 14.07hrs
Ticket expiry time: 16.07hrs

Exit time according to photograph: 16.11:51

[ostell]

Re: Advice sought on PCN - Smart Parking Fistral Beach

So you left within the 10 minutes grace period that is in the BPA. The time on the cameras is not parking, the car was moving. There is a court case involving this car park where it was found that driving around looking for a space is not parking. Here's details of the case

An appeal to Smart mentioning that you exited the car park, as shown by their own evidence, well within the minimum 10 minutes grace period contained within their Code of Practise.. Remind them of that court case that decided that driving round the car park did not constitute parking.

If they do not drop it after that then they should issue a POPLA code that should finally see it off.

[Jonny5ive]

Re: Advice sought on PCN - Smart Parking Fistral Beach

Thank you very much. Are there any templates for appeal letters please?

[ostell]

Re: Advice sought on PCN - Smart Parking Fistral Beach

No templates. Make up your own but put it on here for critique first. Make sure you have the full reference to that case included and look up the BPA code for a full definition of the grace periods in the Code of Paractise.

[Jonny5ive]

Re: Advice sought on PCN - Smart Parking Fistral Beach

No templates. Make up your own but put it on here for critique first. Make sure you have the full reference to that case included and look up the BPA code for a full definition of the grace periods in the Code of Paractise.

Here is the first draft - Critique away!!

Smart Parking Limited
Unit 43
Elmdon Trading Estate
Bickenhill Lane
Marston Green
Birmingham
B37 7HE

XX August 2017

Ref: Parking Charge Notice number TC45794237



Dear Sirs,

I write as the registered keeper pf vehicle registration number XXX XXX to lodge a challenge to the above parking charge notice.

The basis for the challenge are as follows:-

1. Smart Parking Limited details by means of photograph vehicle registration number XXX XXX entering site at 13:58:36 on 16.07.17. The photograph has double yellow lines clearly visible and thus I am challenging that this picture is in fact of the vehicle on the Public Highway and not Private Land

2. Smart Parking Limited displays the British Parking Association Approved Operator logo on the aforementioned Parking Charge Notice. On the date in question a fee of £3.00 was paid for (receipt attached) at 1407hrs with an expiry time of 16:07hrs. The BPA Code of Practice V6 – October 2015 states that:-

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

Smart Parking Limited details by means of photograph vehicle registration number XXX XXX leaving site at 16:11:51 – a period of four minutes and fifty one seconds after the ticket expiry time; less than half of the minimum grace period detailed in the BPA code of practice.

I trust that you will consider the above points and see fit to cancel the parking charge forthwith

Yours sincerely

Jonny5ive

[ostell]

Re: Advice sought on PCN - Smart Parking Fistral Beach

That looks good, everything looks to be in.

[Jonny5ive]

Re: Advice sought on PCN - Smart Parking Fistral Beach

PCN upheld on the grounds that the vehicle was 'on site' for a duration of 133 minutes and parking for 120 minutes paid for. POPLA code received. I'll upload full letter later.

Hopefully you esteemed members can assist with the POPLA appeal.

[Jonny5ive]

Re: Advice sought on PCN - Smart Parking Fistral Beach

Body of appeal rejected letter as below.

<iframe src="https://onedrive.live.com/embed?cid=...fd8qM4VjU&em=2" width="476" height="288" frameborder="0" scrolling="no"></iframe>

Your advice on appeal wording and references for inclusion to POPLA are welcomed :thumbup:

In essence I feel that grounds for appeal are that whilst the vehicle may well have been 'on-site' for 133 minutes, being 'on-site' waiting for an available space, occupying space, reading terms and conditions, deciding whether to enter into parking contract, entering registration deatais, returning to vehicle and displaying ticket does not all constitute 'parking'.

Moreover, a delay exiting the car park was also experienced due to volume of traffic I'm the car park, not to mention emergency vehicles attending the Lifeguard station causing delays to exit.

[charitynjw]

Re: Advice sought on PCN - Smart Parking Fistral Beach

Ok, on to POPLA.

Given that there is a 10 minute grace period to exit the site, 3 mins does not allow time to find a parking space, read site signage etc. at any site.
& certainly not at Fistral.