Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: ajpaul248@gmail.com on February 01, 2025, 08:01:02 pm
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The Notice to Keeper is PoFA compliant which means that if the driver is not identified, they can hold the Keeper liable for the charge. The only way they cannot hold the Keeper liable is if the signs are incapable of forming a contract because the charge is not adequately brought to the attention of the driver. PoFA 2(3)(b)(ii) applies.
You would need to show us a close up of the sign and then a photo of the sign in the same lighting conditions at the time of the alleged contravention. Do not use flash or headlights. Also a general view of the car park in the same lighting conditions. Does the car park have an entrance sign that warns the driver that it is private land and that they should seek the sings with the terms and conditions?
Al these are questions that need answering and are useful in a defence should this ever escalate to litigation.
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I guess it was a mixture of it being at night 10.30pm and also not looking for this (I think this is relatively new). Thanks.
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Why do you think the driver did not "see" the signs with the terms of parking? The will have to be the backbone of any defence of this PCN.
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Attached is the letter I received from MET.
[attachment deleted by admin]
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https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
Please, we need slightly more information than you’ve given.
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Hi the registered keeper received a PCN for staying 73 mins at McDonald’s whittlesford. Apparently the max stay was 60 minutes but the driver did not see this. This occurred at 11:30pm at night when restaurant and car park were empty so fine seems ridiculous. Any advice for response would be welcome.