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Overstay Waitrose

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Overstay Waitrose
on:
#1
Received a Parking Charge Notice to Keeper today. As I wasn't driving cannot comment on the veracity of the alleged overstay or any signage issues.

However, the 'date of contravention' is 17/07/2026. The 'date of this notice' is 26th/08/2026 and I received the invoice yesterday, the 07/09/2026.

Presumably I just need to highlight the date contravention and that I will not be giving details of the driver?

Thanks in advance
Re: Overstay Waitrose
Reply #1 on:
#2
Assuming that you are the reg keeper and the V5C address is correct, then on the face of it, the NTK is served out of time to transfer liability.

Please confirm the above, and post the NTK?

If driver was Waitrose customer, worth having a go with the store to get it cancelled - whereabouts was it?
Re: Overstay Waitrose
Reply #2 on:
#3
As above need to see the NTK and ideally photos of the signage.
Re: Overstay Waitrose
Reply #3 on:
#4
Assuming that you are the reg keeper and the V5C address is correct, then on the face of it, the NTK is served out of time to transfer liability.

Please confirm the above, and post the NTK?

If driver was Waitrose customer, worth having a go with the store to get it cancelled - whereabouts was it?

All above correct.

Re: Overstay Waitrose
Reply #4 on:
#5
That is woeful from Britannia  :o   They haven't even tried to invoke POFA, and have carefully used 'the motorist' rather than driver (who, if anyone, is actually liable).  I would appeal on the basis of the date of issue and failure to even try and comply with POFA to transfer liability.  Once you get the inevitable rejection I would also:

Send the NTK to the CMA who are investigating private parking cos
Complain to the BPA that Britannia are not complying with POFA / code of practice
If they refuse the appeal, complain to their DPO and the ICO that they are misusing your data.
Re: Overstay Waitrose
Reply #5 on:
#6
Compliance with PoFA is not mandatory, so I'm not sure that a lack of compliance would, on its own, be grounds for complaint to either the BPA or CMA. Their conduct once this is pointed out might be.
Re: Overstay Waitrose
Reply #6 on:
#7
Compliance with PoFA is not mandatory, so I'm not sure that a lack of compliance would, on its own, be grounds for complaint to either the BPA or CMA. Their conduct once this is pointed out might be.

Presumably, the lateness of the notice and the fact I was not the driver, will be enough to win at POPLA (as I guess there’s no chance on first appeal)?
Re: Overstay Waitrose
Reply #7 on:
#8
We can’t predict what POPLA might or might not do, but even if they don’t uphold your appeal it’s unlikely you will ultimately pay anything, it’ll just take longer to get to that position.

My advice is that if you do have to appeal to POPLA, keep it simple, stick to the fundamental point and don’t confuse them with multiple appeal points, becaused then they’ll simply ignore the main point.
Last Edit: September 08, 2026, 01:58:52 pm by jfollows
Re: Overstay Waitrose
Reply #8 on:
#9
That you were not the driver and can positively state as such reduces their scope to try their usual trick of saying they'll assume you were the driver.

Here's an example of the sort of thing you could send as the keeper:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

I was not the driver at the time of the alleged contravention.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.
Re: Overstay Waitrose
Reply #9 on:
#10
OP, can we clear some points pl.

Is the notice addressed to an individual as registered keeper or a corporate body;

Is the addressee the registered keeper or perhaps a hire or lease company?

Do you have any evidence that you were not the driver at the time (not naming the actual driver if you know), for example you were at a meeting in Timbuktu or whatever?
Re: Overstay Waitrose
Reply #10 on:
#11
Your first two questions can be answered by reading the thread.

Quote
Do you have any evidence that you were not the driver at the time (not naming the actual driver if you know), for example you were at a meeting in Timbuktu or whatever?
I wouldn't let the answer to this delay the initial appeal. If Britannia want to gainsay the OP, and allege he was driving, it is for them to prove he was driving, not for him to prove he wasn't. If he can offer such evidence at a later stage, great.
Re: Overstay Waitrose
Reply #11 on:
#12
I should have looked to see what 'All above correct' meant (Reply #3), my fault.