Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: ch340 on July 01, 2026, 08:08:12 pm

Title: Re: Park & Control PCN – Failure to Pay for Duration of Stay – East Heath Road Car Park, Hampstead Heath
Post by: InterCity125 on July 02, 2026, 07:01:55 am

I agree - PoFA Schedule 4 Paragraph 9(2)(f) is completely missing so there is no keeper liability.

Title: Re: Park & Control PCN – Failure to Pay for Duration of Stay – East Heath Road Car Park, Hampstead Heath
Post by: jfollows on July 02, 2026, 06:55:41 am

There is no requirement to explicitly state "Protections of Freedom Act 2012" or similar, but in order to use the legislation to transfer liability there are a number of requirements which need to be satisfied, and in this case they aren't, there are explicit statements which need to be made which aren't made here.

So an appeal can be on the basis that the registered keeper can not be liable in place of the driver, who will not be named, because the requirements of PoFA 2012 have not been met in the notice.

Title: Re: Park & Control PCN – Failure to Pay for Duration of Stay – East Heath Road Car Park, Hampstead Heath
Post by: Sander333 on July 01, 2026, 10:26:51 pm

 I am of the understanding that the PCN should state that they are pursuing the notice under pursuant to schedule 4 of POFA. I cannot see this in the PCN.

Title: Re: Park & Control PCN – Failure to Pay for Duration of Stay – East Heath Road Car Park, Hampstead Heath
Post by: ch340 on July 01, 2026, 09:58:20 pm

Corrected, thanks

Title: Re: Park & Control PCN – Failure to Pay for Duration of Stay – East Heath Road Car Park, Hampstead Heath
Post by: jfollows on July 01, 2026, 08:19:59 pm

Please don’t obscure dates.
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Quote

3. Post the notice(s) you have received – as well as providing important context, the notices may contain/omit details that can be used to help you successfully fight the charge. Upload photos of any and all notices you have received from the parking company. You should show us all pages of the notice(s), remove personal details (name/address, PCN reference number, Vehicle Registration Mark), but show us all dates and times. Details that you think are trivial could help you win, so don’t leave anything out.

Title: Park & Control PCN – Failure to Pay for Duration of Stay – East Heath Road Car Park, Hampstead Heath
Post by: ch340 on July 01, 2026, 08:08:12 pm

Driver had an appointment at Royal Free Hospital. Parking was paid for using RingGo and where possible either extended or new session paid for while in hospital as follows:

19 Jun 2026 11:20 - 19 Jun 2026 12:20

19 Jun 2026 12:20 - 19 Jun 2026 13:20

19 Jun 2026 13:23 - 19 Jun 2026 14:23

19 Jun 2026 14:31 - 19 Jun 2026 15:31

The driver was either at the vehicle or approaching the vehicle at the time of expiry. As they were finished at the hospital they didn't extend the parking any further. Due to temperature in the vehicle and of the steering wheel they were unable to drive away immediately.

PCN received yesterday.

(https://ibb.co/Nd481Mbt)

(https://ibb.co/kgSh25SC)

Thank you in advance for any help you can provide.

https://ibb.co/Nd481Mbt
https://ibb.co/kgSh25SC