Free Traffic Legal Advice

I think there's a good chance they'll cancel given the machine faults.

Got a rejection response to my appeal. Not that it matters but it does appear that they reset the 14 day period with the response. Will pay in a couple of days, unless advised otherwise here.

Pasting the reply below:
______________________________________________

26/02/2025

Dear Mr xxxx,

Ticket Number                                       RK2051xxxxx

Issued on                                                   16/02/2025

Vehicle Registration                                           XXXXXX

Location                                                     West Carriage Drive

 

I am in receipt of your correspondence regarding the above Excess Charge Notice.

 
The above vehicle was parked in a Pay & Display bay without displaying a valid Pay & Display ticket, therefore, the Excess Charge Notice has been issued correctly.


According to the evidence collected by the Parking Attendant, no Pay & Display ticket was seen.  Please note a valid Pay & Display ticket is only valid for use for parking when displayed in accordance with regulations in the windscreen of a vehicle.


I note from your correspondence that you were unable to make payment due to an issue with the Pay & Display machine. I acknowledge your comments, however, please be advised, the onus is on the driver to make payment for parking before leaving the vehicle, or alternative legal parking should be sought.


It is never possible for all ticket machines to be out of order in our parks. In every location we have at least two or three machines. If one machine is not working for any reason, the customer should call the help line number where they are advised to use the nearest machine which is usually 3-4 minutes away.


I have carefully considered the points you have raised in your challenge but have decided not to cancel your Excess Charge Notice.


You are, therefore, requested to comply with the Excess Charge Notice. However, the reduced charge of £40.00 will still be accepted provided payment is received within 14 days of the date of this letter. Failure to make payment will result in the full Excess Charge Notice of £80.00 becoming due.


If you still wish to dispute this Excess Charge Notice, the DVLA registered keeper will be sent a Notice to Owner who may make formal representation against the Excess Charge Notice. Please note, the full charge of £80.00 will be applicable at the Notice to Owner stage.


Failure to make payment or submit a formal representation will result in the progression of the Excess Charge Notice resulting in the debt being passed to Trace Debt Recovery UK Ltd to recover the outstanding balance on behalf of Royal Parks. Once the debt has been passed to Trace Debt Recovery UK Ltd, we will not be able to accept any payments. You will need to contact them directly.

 

Payment Options

 

•     Phone 03432082089.

•     Online https://parkingservices.nsl.co.uk/royalparks/notices/default.asp

•     Post Cheques are required to be made payable to ‘Royal Parks’; please include your Excess Charge Notice number, vehicle registration number, and address on the back; then send it to:

I cannot find any reference to an ECN charge of £80 or that the owner may be held liable.

If anyone can, pl post a reference.

The next step in their procedure is a Notice to Owner.

But there's no provision for holding an 'owner' - whatever or whoever this is supposed to be- liable:

2) The excess charge shall be paid to the Secretary of State, or to a person authorised by the Secretary of State to receive such charge on his behalf, by the person who parked the vehicle in the Park within 14 days of the date of a written demand for the same.


Depending on the wording of the so-called Notice to Owner, I cannot find any legal basis for NSL to request the registered keeper's data from DVLA.

I don't know whether NSL would re-offer the lower rate of ECN even after unsuccessful 'reps' but if you/the person on whom the 'NTO' would be served want to chance your arm then as far as I can see the person who is asked to pay on the basis of the 'NTO' would have these arguments (but whether these directly map across to stated grounds of 'reps' in the 'NTO' who knows?):

They were not the driver and therefore the person deemed liable under the 1994 regulations;

There is no basis for an Excess Charge of £80, the most recent regulations enable a charge of £50;

Contrary to the statement in NSL's letter dated *** none of the *** unserviceable machines carried any information regarding phoning for assistance to report broken machines;

Up to whoever thinks they'd receive the 'NTO' as to whether to let matters run this far.

No idea.

There are no regulatory provisions to consult other than those to which I've referred and these don't refer to NTO or anything similar.

I've no idea what hymn sheet NSL are reading from but I cannot suggest the 'owner' risks the discount simply to find out. It's their choice.
 

Found the £80....

https://www.legislation.gov.uk/uksi/2010/1194/contents/made

Reg. 4.

But cannot find anything which means anyone other than the person who parked the vehicle is liable, see the 1995 Regs:


7(2) The excess charge shall be paid to the Secretary of State, or to a person authorised by the Secretary of State to receive such charge on his behalf, by the person who parked the vehicle in the Park within 14 days of the date of a written demand for the same.

(the 14 days has been amended by subsequent regs).

As it's a lease car I think it may be best to pay the discount and get rid of it.

Wait for Mr Anderson but the combination of ECN/lease is not conducive - they may well just pay it and bill it to you and I don't know if they can transfer it to you. They may also charge an admin fee.