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A recent post on Wavelength Facebook Page got a massive response. Not surprisingly as car parking issues are something that probably effects every surfer.
Anyway there was so many good tips and info here I thought it be worth listing for prosperity rather than getting lost in the Facebook void. So get ready for a MASSIVE post . If you have any other stories then here's a good place to put them and give others a heads up.
~~~~~~~~~~~ Facebook post -> https://www.facebook.com/WavelengthSurfMag/posts/10150726790370154
Wavelength Magazine -
Anyone had bad experiences with parkingeye at fistral car park? They are choosing to ignore appeal letters with copies of valid ticket, but just threatening to increase fine. Seems dodge, not sure what else to do.
Chris - It might well be unenforceable, there's a website with the details. Can't remember it but can get it from a guy at work so will let you know!
David - Why not write to the local rag about the outrage that a local business bringing tourists to the town is being pursued when you infact have copies of all the required tickets etc? I'm sure you won't be the only one to have had problems.
Errant - If you ignore the letters they can not enforce them. Only the council and Police can enforce car park tickets. http://www.youtube.com/watch?v=XAIcdi9niHA
How to deal with Penalty Charge Notices issued by private companies
www.youtube.com
This was Part of a discussion about Penalty Charge Notices issued by MET Parking...
Chris -Stick at it dude! They can't fine you if you had a ticket. Also, if it comes to it, it's a statute they're trying to enforce which is only given the force of law when consented to by the governed, so if you don't consent, it's not law.
Sion - Inform trading standards! surely they should be able to do something about corrupt companies.
Joel - Yeh sounds like its worth ignoring it! http://www.bbc.co.uk/blogs/watchdog/2010/10/parking_tickets.html
Jules - Unfortunately, most of the time they can enforce the tickets through the courts. The industry isn't regulated so its a real pain in the arse. You can complain to the SIA but again, they cant really do alot. Trading Standards can't do anything (unless there are no signs with restrictions). The only option left is going to the local MP. Might be worth a try if everybody does it. The government are trying to stop clamping from private companies but it aint gonna be soon.
Ben - what everyone else has said, Just ignore them...that's what the money saving expert on radio 2 says to do...maybe worth googling first tho...I don't want you coming round my house with a baseball bat because I gave you wack advice
Deej - Erant Surf's right. i read in the Cornish Guardian that even one of the local councillors has told people to stick the letters in the bin as they haven't the authority to take people to court.
Errant - Pasty stickers on your licence plates from now on. Revolution at Fistral beach...
Luke - yeh, I got stung by these a few weeks back. 60 bucks i paid out - only to read in the Cornish Guardian last week that the fines are waveable and to ignore any docs issued via the post. Words spoken by a local counciler so make of it what you will!
Beau - Anyone got a petrol angle grinder?
Errant - Ah Luke that sucks, were the free waves worth the £60?
Jules- I haven't read the article in the Guardian but would like to. As far as I know (and i could well be wrong), the car park is private land owned by Britannic Industries who employ parking eye to manage it. They have the right to pursue tickets through the county courts if they say tickets haven't been bought / displayed etc. I've spoken to plenty of people who ended up with CCJ's in this type of situation. It sucks - all im saying is make sure you read up before you bin the ticket. And complain to Britannic - maybe then they'll get somebody else in.
Rob - I've had four letters now telling me to cough up £120!! If you look at the carparking website that they are affiliated with, it clearly states that private car parks cannot enforce legislation! Bunch of bullying greedy bastards if you ask me! Send the grommets down there with spray paint to decorate the cameras!
Paul - Increases are about intimidating you into paying by bullying. Resist and keep evidence of any threats.
Tobias - I got clamped at penhale campsite on 1st march, guy waited in his van for over 2hrs until I got out, told him I couldn't pay the 80 quid so he threatened to tow my car, had to get me mrs to pay over the phone. Was there any way I could have avoided paying? Waves were worth it tho.
Tobias - I thought this was funny...might work in the private car park situation. Fixed Penalty Notices: The clue is in the name
Fixed penalty notice is a deceptive instrument, because it looks like a serious document which has been dutifully attached to your car. It carries precisely zero authority. You park on a double yellow line, you get one.
A notice is not a bill. A notice is not a demand. A notice is nothing more than... an OFFER. It is an offer to discuss the notice with which you have been served.
You can discharge a notice with a notice of your own sent by recorded delivery. So if you receive a fixed penalty notice then don't ignore it! To do so is accepting the views the notice expresses, whatever they are!
Action you can take:
These fixed penalty notices are not helping anyone but the state, so why not write your own notice and see how they respond? Your intentions are honest - you simply want to understand what it is they are saying in their notice, and it is precisely how I became involved in this in the first place.
The first thing to remember is be civilised. Write your own notice straight back. Don't protest unless you are certain of mistaken identity; simply accept what they have said to you, but with your conditions attached. This notice is known as a 'Notice of conditional acceptance', and effectively pops the ball back into their court.
Your notice can say whatever you like. I would suggest you keep it on topic, and try to question the facts as laid out in their notice. Your notice could be as simple as 'I have read and conditionally accepted your notice, providing you answer the following questions 1) 2) 3)'. Think up some questions. Is there anything about the Traffic Management Act 2004 you don't understand? If you can't think of any questions to ask, why not take a look at our model answer?
To get you started, how about this for a 1st reply:
==============================================
[ADDRESS]
[DATE]
Re: FIXED PENALTY NOTICE AB12345678 - Issued [date]
Notice of Discharge of Outstanding Penalty Notice and Request for Clarification.
To [address]
You have apparently made allegations of criminal conduct against me.
You have apparently made demands upon me.
I do not understand those apparent demands and therefore cannot lawfully fulfil them.
I seek clarification of your document so that I may act according to the law and maintain my entire body of God given Natural Rights.
Failure to accept this offer to clarify and to do so completely and in good faith within 7 days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.
I conditionally accept your offer to agree that I am NAME and that I owe £??.??, upon proof of claim of all of the following:
1. Upon proof of claim that I am a person and not a human being.
2. Upon proof of claim that you know what a ‘person’ actually is, legally speaking.
3. Upon proof of claim that you know what the difference between a ‘human being’ and a ‘person’ actually is, legally speaking.
4. Upon proof of claim that I am NAME and not Name
5. Upon proof of claim that the charge was the result of a lawful investigation unmarred by prejudice.
6. Upon proof of claim that I am a member of the society whose statutes and subsisting regulations you are enforcing.
7. Upon proof of claim that I showed you some sort of identification.
8 Upon proof of claim that there is a nameable society that I belong to and that the laws covered within this alleged transgression state that they apply to me within that named society
Sincerely and without ill will, vexation or frivolity
Eden - Two words angle grinder
Patrick - Do not reply to them in anyway whatsoever if you do you are admitting liability for the invoice !! They cannot fine you only invoice you. As money supermarket says DO NOT REPLY just ignore they have no rights , they will not take you to court, they rely on people panicking and paying up
Paul - We had the same problem at the new asda car park in town! Wife parked there for the free hour whilst went into asda to do her shopping, then returned home! Later that day popped back to asda to pick something else up! Letter received from parking company stating the car was parked there all day! Conveniently they only had the first morning entrance and last afternoon entrance on there cameras! Several serious letters later we ended up paying £60 fine. It just gets to the point were everything has been tried, and there isn't any help or clarifyable information out there on these thieves!
Traditional Surfing - very good info here...
Paul - If Asda did that to me I would never shop there again and would give my custom to one of the other supermarkets.
Paul - It's not so good if you have to pay in Fistral car park just to nip in one of the surf shops for a couple of minutes just to purchase some wax or the like.
Wavelength Magazine - Tell us about it Paul, I feel a parking revolution coming...
Patrick - Best advice ,don't buy a ticket to start with. It is only council or police parking that can be enforced. Morrisons advise their customers not to pay them if they get a letter. Spray paint the camera ??? |
