Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Jonesy23 on July 02, 2026, 02:22:40 pm

Title: Re: Smart parking charge - OK Diner, Oswestry
Post by: Jonesy23 on July 02, 2026, 06:17:45 pm

If they transfer it over into my name, would that stop me arguing the 14 day rule ( I have read online that they need to issue within 14 days.. if that’s correct)
I don’t believe my work would want any hassle if they were the ones having to argue it? I was told by my employer “could you sort this ticket out asap to save any more letters” I could always ask ..

Title: Re: Smart parking charge - OK Diner, Oswestry
Post by: RichardW on July 02, 2026, 06:08:50 pm

Currently you can't do anything as the PCN is not in your name.  The notice has been issued too late to transfer liability to the keeper, but that would need an obliging employer that was prepared to defend it, including a possible small claim court case. The alternative is they name you as driver and you get a PCN in your name - but this cuts off a lot of the technical appeals / defences.

Title: Re: Smart parking charge - OK Diner, Oswestry
Post by: Jonesy23 on July 02, 2026, 05:23:51 pm

https://ibb.co/27RPZk3h
https://ibb.co/cng2X62

Title: Re: Smart parking charge - OK Diner, Oswestry
Post by: Jonesy23 on July 02, 2026, 05:14:16 pm

I am not the registered keeper. I do not lease this vehicle from my employer.

Title: Re: Smart parking charge - OK Diner, Oswestry
Post by: InterCity125 on July 02, 2026, 03:04:51 pm

Post up the PCN.

Is this technically a car you lease from your employer?

Title: Re: Smart parking charge - OK Diner, Oswestry
Post by: jfollows on July 02, 2026, 02:28:59 pm

The driver enters into a contract by reading the signs and parking.
The driver can be pursued for breach of contract for six years.
If the identity of the driver is not known, the liability can be transferred to the registered keeper, but only if the requirements of https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 are complied with.
One of the requirements is that the Notice to Keeper needs to be sent in time to arrive within 14 days of the parking event.
Please post what you have received. Are you the registered keeper?

Title: Smart parking charge - OK Diner, Oswestry
Post by: Jonesy23 on July 02, 2026, 02:22:40 pm

I have just been given a parking charge from my employers and have been asked to deal with it asap.
I stopped off at KFC on the way back from work, when I got to KFC the car park was full so parked my van in the car park closest to OK Diner. I’m guessing there is signage stating this is only for the use of OK diner guests. Unfortunately I never seen this.
I entered the car park on 10/06/26 at 17:46 and left the car park 10/06/26 at 17:59.
“Date issued” on the letter is 25/06/26.
Am I correct in thinking they have to issue within 14 days and this could void the penalty charge, being issued on the 15th day?

Thanks in advance