Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: stevec004 on June 14, 2026, 10:38:04 pm

Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: jfollows on June 15, 2026, 10:36:46 am
Quote from: InterCity125 on June 15, 2026, 08:56:33 am
Neither notice is compliant with PoFA Schedule 4 Paragraph 9(2).

I don't think they are relying on PoFA.
I completely agree, so the appeal can be simple, that the driver has not been identified and the registered keeper is not liable because PoFA 2012 has not been complied with. Plenty of sample appeals to that end on the forum. If rejected, POPLA can be provided with the same appeal point, but it can be fleshed out slightly to also observe why it’s not compliant if they claim that it is.
Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: InterCity125 on June 15, 2026, 08:56:33 am
Neither notice is compliant with PoFA Schedule 4 Paragraph 9(2).

I don't think they are relying on PoFA.

Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: jfollows on June 15, 2026, 06:13:53 am
A notice dated 8 June is deemed to be delivered 10 June,
Quote
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
, so is also too late for the same reason.

It’s all in paragraph 9 of schedule 4.
Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: stevec004 on June 15, 2026, 06:00:41 am
Quote from: DWMB2 on June 14, 2026, 11:46:10 pm
You may wish to consult paragraphs 9(4) and 9(5):

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Thank you, I like to have my facts straight to ensure I get it right first time.

So, the 2nd ticket (26/May with the notification date of 8/Jun) needs an alternative response as it is just within the 14 days, is that right?
Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: DWMB2 on June 14, 2026, 11:46:10 pm
You may wish to consult paragraphs 9(4) and 9(5):

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: stevec004 on June 14, 2026, 11:31:51 pm
Quote from: jfollows on June 14, 2026, 10:58:17 pm
The PCN for 24/5 is issued too late to use PoFA 2012 to transfer liability from the driver to the registered keeper. It has to reach the registered keeper within 14 days and, with a date of 8/6, it can’t have done.
Please post the 26/5 NTK to see if it has the same failing.

If so, you have a simple single appeal point for both notices as long as you appeal as registered keeper and do not identify the driver.

If you include the other stuff in your appeal they will rebut your appeal on other points and completely ignore the PoFA point, which they can’t rebut.

Unfortunately reading this legislation it seems they have 28 days not 14, and it also applies after they receive the keepers information from the DVLA which can take some days.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Where did yoy see the 14 days so that I can double check?
Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: stevec004 on June 14, 2026, 11:19:40 pm
Thank you so much for your response. I understand what you’ve suggested and will respond with that.

The other ticket for 26/May has the same date of notice, 8/June.

14 days after 26/May is 9/June - technically 1st class post could arrive next day so does this ticket stand, and the driver needs to go with an appeal?

https://share.icloud.com/photos/055-hMcDHkbRvxvXxEb6x1_Lw
Title: Re: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: jfollows on June 14, 2026, 10:58:17 pm
The PCN for 24/5 is issued too late to use PoFA 2012 to transfer liability from the driver to the registered keeper. It has to reach the registered keeper within 14 days and, with a date of 8/6, it can’t have done.
Please post the 26/5 NTK to see if it has the same failing.

If so, you have a simple single appeal point for both notices as long as you appeal as registered keeper and do not identify the driver.

If you include the other stuff in your appeal they will rebut your appeal on other points and completely ignore the PoFA point, which they can’t rebut.
Title: Carparkers Parking PCN – Parking without a valid Pay and Display – Clink Road, Sea Palling, Norfolk
Post by: stevec004 on June 14, 2026, 10:38:04 pm
Looking for advice on two private parking PCNs from Carparkers (Anglia) Ltd at Sea Palling / Clink Road car park (Norfolk).

I have received two Notice to Keeper PCNs (24th May and 26th May), both for exactly the same alleged contravention: “Parked without a valid Pay & Display Ticket”. These were postal notices with ANPR entry/exit photos.


Facts:

* Driver parked in the Sea Palling car park (Clink Road / Clink Lane, NR12 0UL).
* On both occasions, the payment machine nearest to where driver parked was not working.
* Driver walked to the nearest operational machine, which was immediately adjacent and only about a metre from the boundary. Looking at google maps this could possibly be within the neighbouring car park (Beach Rock car park).
* The two car parks are separated only by a low fence with multiple proper pedestrian gaps/openings, making it easy to walk between them.
* There was nothing obvious to the driver indicating that they could not use that nearby machine, particularly given the nearest machine was unavailable.
* Other motorists on both occasions also appeared to use the same nearby machine after finding the nearer one not working.


Importantly, Driver did pay for parking on both visits.

For 24th May, the driver still has the physical pay and display ticket:

* Vehicle registration entered correctly
* Ticket bought 7 minutes after arrival
* Time purchased covered the entire stay
* £3 paid
* Vehicle left before expiry


The PCN alleges “parked without a valid pay and display ticket”, but the driver plainly did purchase one for the registration and stay.

For 26th May, the driver no longer has the physical ticket, but the driver does have a matching bank/card payment around the relevant time.


My suspicion is that because the nearest machine was broken, the driver may have paid at the adjacent car park’s machine without realising the ticket would not apply, but the driver genuinely believed they were complying and had paid.

The driver is planning to appeal both. Does this sound like a reasonable first appeal / POPLA case, particularly around unclear signage/boundaries, machine failure, and evidence of payment?


PCN cover: https://ibb.co/sd1z6Cvn
PCN back page: https://ibb.co/fGL69tmN
Ticket for 24th May: https://ibb.co/My4RzL8M
Car park address which was parked in: Clink Rd, Sea Palling, Norwich NR12 0AL
Image of payment machines (behind the big 'car park' sign is the broken payment machine and on the right is the machine that was paid at): https://ibb.co/5htGBQ7s