Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Foxy01 on September 29, 2024, 11:57:15 am
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Do you know when the terms of parking were changed from 1 hour to 30 minutes? If so, were they changed within the last 4 months?
Also, the NtK is not fully compliant with all the requirements of PoFA as there is no “invitation”, nor any synonym of the word, for the Keeper to pay the charge as required by PoFA 9(2)(e)(i).
So, any appeal must be as the Keeper and decline to identify the driver as there is no legal obligation to do so to an unregulated private company.
TPS are not going to accept it but you will get a POPLA code. Knowing when the terms at the car park were changed would be a good point for any subsequent POPLA appeal.
For now, try Plan A, contacting the landowner or their agent who contracted TPS and get them to cancel the PCN. Plan B will be your appeal to the operator. Use this as there is little point putting much effort into an appeal that is not going to be accepted under any circumstances:
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, namely paragraph 9(2)(e)(i), 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. TPS 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.
Additionally, TPS have breached the BPA Code of Practice (CoP) section 19.10. No notification of a change in the terms of parking was evidenced as required by this section.
TPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
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Registered keeper has received the attached NTK from Total Parking Solutions. The vehicle overstayed in a free to use ANPR controlled car park. The driver on the day was a Blue Badge holder. The signage in GSV shows one hour maximum but the RK understands this has now been reduced to 30 minutes maximum. Reason for overstaying not clear. Not in the area so unlikely to be able to get up to date pictures of signage soon.
GSV (https://www.google.com/maps/@51.9020207,-2.071381,3a,75y,297.81h,77.4t/data=!3m7!1e1!3m5!1syha650tvfyNNwEi6EB-mqA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D12.597174477729155%26panoid%3Dyha650tvfyNNwEi6EB-mqA%26yaw%3D297.8084445734433!7i16384!8i8192?coh=205410&entry=ttu&g_ep=EgoyMDI0MDkyNS4wIKXMDSoASAFQAw%3D%3D)
(https://i.imgur.com/tNo7SOr.jpeg)
(https://i.imgur.com/U99KFVA.jpeg)