Another Smart Parking at Fistral Beach - won

[GeorgeFormby]

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.

[mystery1]

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

[GeorgeFormby]

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.

[mystery1]

Re: Another Smart Parking at Fistral Beach

From what i hear, that's unusual.

Delete "given how busy the car park is."

M1

[GeorgeFormby]

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.

[GeorgeFormby]

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!