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Falmouth parking fine in fog appeal
adeyooo
post Tue, 18 Sep 2018 - 20:21
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Hello all,


Trying to keep it to the point,


The driver went on holiday to Cornwall, visited Falmouth one evening (1st Sept 2018) went to a chinese takeaway, pulled up in the (empty) maritime car park (TR11 3QY), ate food and left.



Got back and saw a PCN from "Premier Park Ltd" (£60 within 14 days or £100 within 29 days)



Entry time 8.06pm
Exit time 8.38pm


1. Are they a private (not council) company? (they are part of the BPA)


2. Should the driver pay it or appeal? (14 days is up on the 20th sept)



Tried to find something similar but unsure if there is a lot simpler way to not pay this pcn so asking here and pepipoo (would rather not have the "long winded-ness" of court/debt letters etc but if it's necessary then that will be)



It was extremely foggy that night and it kind-of shows on the pictures they have of the drivers car, does anyone think the driver has grounds for unclear signage based on the dense fog and therefore couldn't see it as the driver never left the car? Also being that the driver only stayed 35 minutes in the car park?



Thank you all in advance; any decent links to other advice would be much appreciated



Hopefully it won't have to be such an expensive Chinese!

This post has been edited by adeyooo: Tue, 18 Sep 2018 - 20:37
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post Tue, 18 Sep 2018 - 20:21
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ostell
post Tue, 18 Sep 2018 - 21:23
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If you can find out if the car park is covered by the harbour bylaws then you have a fighting chance,
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nosferatu1001
post Wed, 19 Sep 2018 - 08:52
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Theyre clearly private!

If the signs could not be seen then there could not be a contract
If the car park is covered by BYELAWS theen there cannot be KEEPER liability, so it is important the driver is NEVER revealed.
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bearclaw
post Wed, 19 Sep 2018 - 09:25
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This SI may be of interest...

http://www.legislation.gov.uk/uksi/1985/16...19851678_en.pdf

You can of course just email the Harbour commissioners and ask for an email of the map back that shows the area they control and the bylaw jusrisdiction.
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ostell
post Wed, 19 Sep 2018 - 09:58
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We don't exactly know which car park was used so if the OP finds out then it would help greatly.
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