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Smart Parking at Fistral Beach, No signage at entrance plus more
XC70USER
post Thu, 2 Aug 2018 - 08:02
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Good morning all.

Came home yesterday to find 2 PCNs from those fine fellows at Smart Parking for a transgression at Fistral Beach Newquay. It seems they weren’t happy with one ticket - both have the same PCN number and the same close up photo and times that gives no idea of location from their ANPR camera. The only difference on the two letters is a variation in the format of my name (how odd).

The driver uses a Mobility car and is therefore not the registered keeper. No copy of hire documents have been provided so that is perhaps one avenue to pursue.

I will be trying to short cut the entire process by speaking (on behalf of the driver) to the Surf Hire shop who apparently are the ones who have the lease on the car park to ask them to cancel as The driver was a genuine customer and luckily has retained receipts. Don’t hold much hope as I’ve been warned theyr3 not very nice people but worth a try..

I will try to add photos to this thread to support the drivers assertions. The entrance to the beach has no signage at all from Smart Parking (not so Smart perhaps?) the driver is only now aware that this is a chargeable car park by using street view. Halfway down the car park there is a 1000+ word sign that is too small to read and was probably obscured from the drivers view by various VW camper vans that park up. Also the road is very narrow and youd have to be very cautious watching for emerging cars, cars coming out and numerous kids and surfers walking in the roadway as there are no pavements it would be easy to contend that avoiding a collision with another vehicle or a pedestrian would be a priority over looking for signage. See photos..

The driver parked on double yellow lines (which in themselves hint at this being highway rather than car park) on the roundabout using blue badge privileges. There are no marked parking bays there. The driver did not proceed as far as the lower parking area so the signage there was not observed.

So what do you chaps think?
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post Thu, 2 Aug 2018 - 08:02
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ostell
post Thu, 2 Aug 2018 - 08:14
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Use the failure to provide documents point, 14 (2) (a) as this is a POFA fail that will be upheld at POPLA. Respond towards the end of the 21 days that they have to issue the PCN so that they don't get the chance to correct the error within the relevant period.

By all means speak to whoever holds the lease for the car park and see if they will order Smart to cancel.

This post has been edited by ostell: Thu, 2 Aug 2018 - 08:14
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XC70USER
post Thu, 2 Aug 2018 - 09:36
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I’m waiting for the surf shops busy period to pass before calling.

Can see tiny photos which I think can be clicked to enlarge. Do you think it’s non compliant (not to say outrageous entrapment) that there’s no signage at the entrance?
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nosferatu1001
post Thu, 2 Aug 2018 - 11:58
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No such thing as entrapment. too many US Cop shows

No signage is a rbeach of the BPA CoP, of course.
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XC70USER
post Thu, 2 Aug 2018 - 13:18
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Fair comment. What I rephrased it to enticing someone I n with a lovely big beach sign but there’s no warning at all of the fact that it’s an ANPR camera controlled pay and display car park. Sharp practice at least.
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XC70USER
post Fri, 3 Aug 2018 - 11:29
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Very quiet around here, thought there might have been a few more replies perhaps with comment on the signage.

Anyhoo - the surf shop aren’t responsible apparently but were in fact very nice and helpful. They’ve put me onto the Beach Managers via email and I’m waiting to hear back. If I get good news I’ll post up the email for others to try.
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nosferatu1001
post Fri, 3 Aug 2018 - 12:00
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Why would you expect more?
We see this every day
THe precise winning point was given. Para 14 non-compliance.
Poor signage is literally on every appeal....
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XC70USER
post Thu, 9 Aug 2018 - 21:30
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Despite 2 polite emails to the beach manager I’ve not even received the courtesy of a reply so as the 21 days are almost up I sent in an email to Smart pointing out the provision of document breach. So hopefully I’ll get a cancellation notice before too long.
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ostell
post Fri, 10 Aug 2018 - 06:50
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I was just about to suggest you sent that now. Hope you didn't identify the driver!
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The Rookie
post Sat, 11 Aug 2018 - 07:20
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According to Mobiltiy the person the car is supplied to IS the registered keeper, it’s a unique arrangement where DVLA have the name and address but the V5c is sent to Mobility, so that angle is a dead end I’m afraid.

This is a common issue in the criminal forums due to the unique arrangement causing a confusion.

This post has been edited by The Rookie: Sat, 11 Aug 2018 - 07:21


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