Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: bertie2002 on June 15, 2025, 07:56:11 pm
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How do you propose to evidence the mitigating circumstances? Their Notice to Keeper (NtK) is PoFA compliant and so, even if they do not know the drivers identity, they can transfer liability for the charge to the Keeper.
The charge is for an alleged breach of contract by the driver. Did the driver breach the contract? In simple terms... yes. Can you fight it? Yes... but...
You can submit an appeal as the registered keeper explaining what happened, and it’s worth doing to show you’ve tried to resolve the matter reasonably. However, in reality, any initial appeal is always rejected and the odds of an IAS appeal being successful are as likely as winning the lottery. If the parking company won't cancel the charge based on mitigation like a medical emergency, then you can bet that the IAS won't either.
After the appeals are rejected, you will start getting letters from debt collectors. These can be safely ignored, as they have no power to take action. All debt collectors can do is try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. The only time you need to respond is if you receive a Letter of Claim (LoC) or an N1SDT County Court claim form.
If it goes to litigation (likely), what happens next depends heavily on which bulk litigation firm is handling the claim for the parking company. Some firms, like DCB Legal, Gladstones, and Moorside Legal, issue a lot of claims but often drop the case before it reaches a hearing, especially if the defendant puts up a solid defence or challenges their conduct. In those cases, there's a good chance the matter won’t go all the way to court.
On the other hand, firms like BW Legal or QDR Solicitors are more likely to pursue the claim all the way to a hearing. If it gets that far, a court will generally look at whether the terms of the parking contract were clearly displayed and whether they were breached. If you paid for parking but overstayed, and the grace period doesn’t cover it, then unless you have a strong legal argument (such as unclear signage, unfair terms, or procedural errors by the claimant), the court may find in their favour. Courts may accept personal mitigation as a reason not to pay if the terms were breached.
So, while you can and should appeal, the most likely outcome is that the charge won’t be cancelled unless you either win on legal grounds later or the claim is dropped before it gets to a hearing.
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Hi all,
Driver received a PCN yesterday (14th June) once returning from holiday. PCN was issued on the 2nd June and parking infraction occurred on 25th May. Unsure on what date the driver received the PCN letter as they were on holiday until the 14th June.
Driver has drafted the following appeal letter (see below) and attached the PCN as well as photos of the current site. Can somebody please advise on the next steps.
To Whom It May Concern,
Re: Parking Charge Reference [xxx] – Vehicle Registration [xxx]
I am writing to formally appeal the above Parking Charge Notice issued in relation to vehicle registration [xxx]
On the day in question, the driver of the vehicle entered the car park, located a space, parked, and paid for parking using the RingGo application. The parking session was therefore properly registered and paid for in good faith.
Unfortunately, the driver's medical condition unexpectedly worsened while attending an appointment at the nearby property. The driver suffers from wheat-induced anaphylaxis, and during their appointment, they suffered a severe reaction. This required them to remain at the property for a short period of time (approximately 30 minutes) until their symptoms had sufficiently subsided to allow safe travel. This delay was entirely unavoidable, unplanned, and due to an emergency medical situation.
In light of the exceptional and unforeseen medical circumstances, I kindly request that you cancel this PCN. The overstay was due to a genuine medical emergency, and not a willful disregard for the parking terms. Driver can provide medical documentation or a statement from the property where the incident occurred if required.
I trust that you will treat this case with understanding and apply discretion in line with your duty to act fairly and reasonably under the IPC Code of Practice.
I look forward to your positive response.
Yours sincerely,
[xxx]
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