Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: PJ765987 on November 17, 2023, 05:01:08 am
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Looks pretty PoFA compliant from a quick look, so they're able to pursue you as the keeper if you don't provide a name and address for service for the driver. This would need to be an address at which she could receive and respond to post.
The argument around disproportionate charge compared to financial loss is unlikely to work - ParkingEye vs Beavis in the Supreme Court in 2015 killed of much of that argument. They're not claiming for financial loss, they're claiming that the driver entered a contract by which they agreed to pay £100 if they parked outside the markings of a bay.
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Thanks very much for your reply. She was intending to appeal on the grounds that the charge imposed for the parking contravention is disproportionate to any financial loss suffered by GXS or their client. The car park was virtually empty at the time, there were numerous other available parking places and the driver was still in the car so could have easily moved it if required. It was high tide at the time, the sea was very rough (the day after Storm Ciaran) and there were waves breaking over the car park so parking side on away from the seaward edge of the car park was deemed a safer option. The parking session had also been paid for.
I can prove I was not the driver at the time but I guess I still have to supply a postal address for the driver to avoid them chasing me for payment?
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By the time she returns it will be far too late for her to appeal. If you are unable to provide an address for the driver they will pursue you as the registered keeper. Whether they are able to hold you liable as the keeper will depend on their compliance with Schedule 4 of the Protection of Freedoms Act 2012.
Please upload a copy of the notice you have received. Show us both pages, removing personal information but leaving on all dates and times.
Any photos you have of the signage at the site would also be useful.
Any idea what grounds she was hoping to appeal on?
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I have received a PCN from GXS for parking across a bay (in what was at the time an empty car park). I was not the driver. The person who was driving is now overseas until late February but is likely to want to appeal against the PCN on her return. She is travelling whilst overseas and does not have a permanent postal address she can be contacted at until her return to the UK. What should I do?