Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: goldfinch on September 25, 2024, 02:22:05 pm
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Thank you b789, I hadn't considered the manager might have some control over this. I'll try contacting them and get back to you.
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Have you tried Plan A? Get in touch with the management and complain politely that you would like them to get the PCN cancelled. It will do their business no good if too many of their patrons get invoiced by an unregulated private parking company, especially because there is inadequate signage or notification about any requirement to enter a VRM into a terminal in the pub. Also, why aren't their staff advising visitors to take sure they have entered their VRM into the terminal.
AN appeal to ECP will be rejected but you could have a go with POPLA. However, POPLA will not accept any mitigation and will only look at whether the PCN was issued correctly and in accordance with the BPA Code of Practice (CoP) and any relevant legislation.
If Plan A or any appeal is unsuccessful then it will go to a county court claim. That is good because there is then over a 99% chance that they will eventually discontinue.
So, try Plan A and if no luck, appeal before the 28 day deadline as the Keeper only with the following:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. ECP has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. ECP have little hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
As stated, this will be rejected but they then have to provide a POPLA code.
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Hello all, after reading this letter and doing some browsing here, I hope you can help me out!
The driver entered the car park, didn't see any signage or machines, and parked in the spot immediately to the left of the entrance. They then met their family inside the restaurant for a meal. No members of staff advised the driver about any parking controls. Today the keeper received this letter and is quite baffled...
I can't spot any signs here on Google Maps, which states these photos are from July 2024:
https://www.google.co.uk/maps/@52.5961948,-2.1580844,3a,75y,9.73h,91.26t/data=!3m6!1e1!3m4!1sLmB1Q08xqOrv8LzV_4G0sQ!2e0!7i16384!8i8192?coh=205409&entry=ttu&g_ep=EgoyMDI0MDkyMi4wIKXMDSoASAFQAw%3D%3D
I see there are some notices on the door which can't be read from those photos. It's possible I can get some better photos if necessary.
Here are scans of the PCN itself:
https://imgur.com/a/SbfxFHL (https://imgur.com/a/SbfxFHL)
Could someone advise about what the right course of action here is?
Many thanks.