Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Stave on October 07, 2025, 05:38:34 pm

Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: Stave on October 10, 2025, 12:20:19 pm
This PCN has now been cancelled.

Many thanks to @DWMB2 and @InterCity125 for your valued response's and assistance with this.

Keep up the good work  ;)
Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: Stave on October 08, 2025, 12:01:04 pm
Quote from: DWMB2 on October 08, 2025, 11:50:45 am
Quote from: Stave on October 08, 2025, 11:46:46 am
Is this due to the delay (i.e. 9 weeks) in sending the NtK?
I've looked at Schedule 4 and I can't pin-point the exact Paragraph this statement refers to - Is it 5(2) ?
9(4) and 9(5) - any notice that is to be relied on as a Notice to Keeper must be delivered within the relevant period - the relevant period is defined as "the period of 14 days beginning with the day after that on which the specified period of parking ended". 9 weeks is clearly far longer than that.

Quote from: Stave on October 08, 2025, 11:46:46 am
In addition, do I need to supply my name in the reply, i.e. after "Yours," ?
If you're the person the notice is addressed to, yes.

Quote from: Stave on October 08, 2025, 11:46:46 am
Equally frustrating is that the vehicle in question in no longer owned.
It was sold the month after - (not that it would matter in this case).
The only relevant matter is who the registered keeper was at the time of the event. Whether the vehicle has subsequently changed hands is irrelevant here.

Understood

Thanks again for all your support @DWMB2, it is appreciated...

I will follow-up with any response I get  :)
Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: DWMB2 on October 08, 2025, 11:50:45 am
Quote from: Stave on October 08, 2025, 11:46:46 am
Is this due to the delay (i.e. 9 weeks) in sending the NtK?
I've looked at Schedule 4 and I can't pin-point the exact Paragraph this statement refers to - Is it 5(2) ?
9(4) and 9(5) - any notice that is to be relied on as a Notice to Keeper must be delivered within the relevant period - the relevant period is defined as "the period of 14 days beginning with the day after that on which the specified period of parking ended". 9 weeks is clearly far longer than that.

Quote from: Stave on October 08, 2025, 11:46:46 am
In addition, do I need to supply my name in the reply, i.e. after "Yours," ?
If you're the person the notice is addressed to, yes.

Quote from: Stave on October 08, 2025, 11:46:46 am
Equally frustrating is that the vehicle in question in no longer owned.
It was sold the month after - (not that it would matter in this case).
The only relevant matter is who the registered keeper was at the time of the event. Whether the vehicle has subsequently changed hands is irrelevant here.
Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: Stave on October 08, 2025, 11:46:46 am
@DWMB2, thank you so much for your reply. It is vey much appreciated...

Apologies for the newbie question but can you please clarify on the below:

"You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so."

Is this due to the delay (i.e. 9 weeks) in sending the NtK?
I've looked at Schedule 4 and I can't pin-point the exact Paragraph this statement refers to - Is it 5(2) ?

In addition, do I need to supply my name in the reply, i.e. after "Yours," ?

Equally frustrating is that the vehicle in question in no longer owned.
It was sold the month after - (not that it would matter in this case).

Thanks again
Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: DWMB2 on October 08, 2025, 10:56:09 am
Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,


CC yourself in, and keep a close eye on your spam folder for their response. If they do not respond within the promised timescale, chase them.
Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: Stave on October 08, 2025, 10:42:08 am
Thanks for your reply @InterCity125

Is there any specific wording I need to use to lodge an appeal?
Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: InterCity125 on October 08, 2025, 10:18:52 am
Yes - it's out of date for keeper liability.
Title: Re: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: Stave on October 08, 2025, 09:04:31 am
Anyone !

Is there any grounds for appeal on this?
Title: Retail Park Ltd - NTK after 9 weeks - Overstaying "Free" Parking - Merry Hill Shopping Centre
Post by: Stave on October 07, 2025, 05:38:34 pm
Apologies if this hasn't been done right...

Returned from holiday to find a NTK.
Date of sending: 15th September 2025 (according to the letter)
Date received: 24th September 2025 (confirmed by Daughter)

Date of "offence": 11th/12th July 2025 (as shown on the letter)

All of the received paperwork can be seen in the "links" below:

https://postimg.cc/rD1czvVN
https://postimg.cc/fJXQg60H

The registered keeper's name was also on the paperwork, which has been redacted.

This paperwork came after 9 weeks of the alleged "offence", and the reason for issue is "Overstaying Maximum stay Period".

Having just returned, I can see that the 14 days for reduced payment has now lapsed, if we consider the date of sending.

Is there anything that can be done?

Below are 3 "links" to the car park signage -
The 1st is inside the car park.
The 2nd is on entry and mentions "Please see the signage inside the car park for full details" - There isn't any !
The 3rd image, with T&C's is on the other side of the road to the car park, at the entrance / exit to the Shopping Centre...

https://postimg.cc/Hrg1GBw3
https://postimg.cc/xk6wzQWC
https://postimg.cc/zHg66g3w

Can you please advise on the validity of this Notice, and the next steps?

Thanks in advance for your assistance.