26 September 2023 , 09:50
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A tourist slapped with a £100 parking fine was left so furious that he penned a song to the company for what he called a "money-making scam".
Richard 'Grant' Stewart and his partner were enjoying a peaceful stay near Padstow, Cornwall, looking after a friend's house. On August 30, they decided to explore the local area and drove down to Trevone Bay. But after checking out the beach and a nearby cafe, they decided to postpone their visit until the next day.
A month later, Stewart was stunned to receive a letter from Alliance Parking demanding £100 for parking his car for 11 minutes, even though they did not end up staying there. The 71-year-old, from Weston-super-Mare, described the entire ordeal as leaving a nasty taste in his mouth.
He told Cornwall Live: "Having just been awarded a nonsensical £100 parking fine at Trevone Bay Car Park, which I was tempted to pay for an easy life, but haven’t, I went online to see if anyone else had experienced a similar problem and discovered hundreds of similar stories.
"Apparently, some people have even received a fine two months after they parked, by which time they have obviously thrown away their ticket and therefore have no evidence to prove that they paid. It would appear that according to the letter of the law no scam is taking place, because there is 'clear signage' that when you go over the threshold of the car park you are entering into a legal contract.
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"On a narrow beach road, are you really expected to stop on the threshold of the car park to read the small print, while cars are quite likely to be queueing up behind you? Hidden cameras lull prospective customers into believing that they can park for a few minutes just to assess the beach, the cafe and other facilities before deciding whether they wish to stay."
Grant labelled it as "ludicrous" that drivers receive a penalty charge notice (PCN) without any grace period to find a parking space or decide to leave after a few minutes. He continued: "You have to drive into the car park and read the signs to know what the terms and conditions are by which time, if you decide to leave, you will have broken those very terms and conditions because apparently you've entered into a contract with the operator the second you drove through.
"It is ludicrous and a complete rip-off. It is causing a lot of upset and angst. I haven't paid any money and certainly have no intention to do so. So we'll see how far he plans to take it." Grant said he was so enraged about the situation that he channelled his fury and wrote a song about it.
In his song, entitled 'Scam Us', Grant begins: "There’s pirates and smugglers in Cornwall / Ain’t telling you nothing new / But I never knew there were cowboys / To add to the motley crew." He then goes on to say how parking companies are out to 'scam' tourists, and are 'rubbing their hands in glee' as 'another mug gets a hefty fine'.
He continues: "You can take me to court, have me put behind bars / But ain’t gonna pay your ludicrous fine. The law is a wall to keep us all safe / Not for crooks to lurk behind / You need to pay back all those you’ve ripped off / Say sorry to those you’ve fined / This song may even go viral / You can never tell these days / Mightn’t look so good on your LinkedIn Page / When I’ve shared your despicable ways."
In a letter to Grant, Alliance Parking reportedly wrote: "As per the clear and prominent signage at this location ('The Contract'), by parking or remaining, drivers agree to pay the sum of £100 if payment for the duration of your vehicles stay has not been made in full. The contract also details that a) the tariff applies from the time of entry until the time of exit; and b) it is necessary to enter your full correct registration when making payment.
"Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking within a reasonable period. By remaining, the driver is deemed in law to be bound by the terms of the contract. A search of our records confirms that no payment was made for your registration therefore, your appeal is declined."
Grant added: "It may be the case that you feel that the charge is unfair. However, there is no legal basis to now reject a charge that the driver has already agreed to pay."
A spokesperson for Alliance Parking said: "Drivers are afforded sufficient time to enter a car park, read the signage/tariff and either remain or leave; this is known as the ‘Consideration Period’.
"It is widely accepted that a reasonable Consideration Period is 5 minutes; however, we afford drivers double that at this time. Mr Stewart occupied the car park for circa 12 minutes, and has stated that he spent the time ‘checking out the beach’ and reading the menu of a local Cafe; therefore, the complaint has no merit."
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