smart parking

[mani84]

Hi everyone. I had parked up at fistral beach and little did I know until I got a PCN through the door that you get charged soon as you drive past camera. Well the day I was there I was looking for parking it looked like it was one in one out. There are not signs to say how many spaces are available which would make it easier for everyone. However I was driving slowly round the car park. I found parking after about 10mins. I walked over to the machine purchased a ticked for an hour which was £1.80 however I paid £2 with no change given. I was with my wife and daughter and walked to the beach let her play for while and before my ticket had expired I was back at the car. As kids are there was sand everywhere and whilst clearing that up before she sits in the car we were driving out only to be blocked by someone who was trying to park their motor home in a tight gap as there was no parking. The PCN says I exited the car park 11 mins after my ticked at expired. Would like to appeal because of what had happened. What should I do? Please help.

[ostell]

Re: smart parking

Fistral Beach appears regularly in the private parking forums in pepipoo.com. One of the latest is that someone that had driven round looking for a spot and then given up had their PCN well and truly squashed by the judge.

Edit your first post so that the driver is not identified.

You will be appealing that a timely exit from the site was frustrated by another driver. The parking space was vacated within the time paid for and therefore did not breach any contract.

But first of all post up a copy of the PCN to see if they got it right

[mystery1]

Re: smart parking

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

"The driver left within the time allowed but was delayed by the other traffic leaving the site"

M1

[jpn]

Re: smart parking

I hope your appeal is successful. We have had a similar nightmare with this car park and have noticed a couple of discrepancies, which I hope may strengthen an appeal.

Someone (who it is best not to name) had a similar experience whilst driving my wife's car last year at Fistral. Took around 20 minutes to leave the car park, partly due to loading surfboards, partly due to the queue for the toilet and partly due to a vehicle blocking the exit whilst dropping off disabled children and their wheelchairs.

On this occasion we argued that Section 9 (2) (e) of Schedule 4 of the Protection of Freedoms Act 2012, states that a valid 'Notice to Keeper' must state who is liable to pay. On our document, it just stated that a charge is payable but did not say who was liable.

We took the slightly dangerous route of waiting 28 days then wrote to them to explain that the Notice to Keeper did not comply with the law and therefore there was no keeper liability. To be honest, its been a bit of a nightmare, with lots of threatening letters, threats of court action and official looking debt recovery letters. On each occasion, we've written back to ask for an explanation of why they didn't send a legally compliant Notice to Keeper and they have ignored our request. They seem to have gone quiet for now, but the case is now reaching its first anniversary. Part of me is hoping it does go to court, as it end up with all such Notice to Keepers being rendered as unenforceable.

I'm also slightly confused by this car park describing itself as a Pay and Display car park, where the charging method is actually entry/exit. (Surely in Pay and Display car-parks you are only expected to pay for the time you are physically parked in the space, and the time sitting waiting to exit is irrelevant?) I think this is very misleading.