Free Traffic Legal Advice

My appeal result has come back

Is this a long winded response basically saying they are not going to charge  me ?

"Site: South Woodford - Waitrose
Issue date: 08/01/2025
Thank you for your appeal received on 22/01/2025 regarding the above Parking Charge.
We have considered your appeal and comments you have made; in conjunction with any evidence you have provided and the photographs we have on record.
This Parking Charge is not POFA compliant, however, payment can still be sought under the old  ‘implied-contract-with-the-driver’ rules used prior to POFA.
Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you
inform us of the driver’s details, we will pursue them for the Parking Charge. Please be aware that the identity of the driver does not affect the validity of a Parking Charge.
In addition, should this Parking Charge reach court proceedings, we will put in a request to the judge that the insurance certificate for the vehicle to reviewed as evidence, to determine who was
able to drive the vehicle at the time of the contravention.

It is not a requirement that we must notify you of your Parking Charge within 14 days. This only applies if we refer to the Keeper Liability provisions in Schedule 4 of POFA 2012 when we issue a Parking Charge. As we did not, we have 6 months in which we may notify you of the Parking Charge.

The Parking Charge Notice was issued to your vehicle because you over stayed the maximum time permitted for parking at this car park. The store operates as a 120 minutes maximum stay car park.
Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operators Scheme, Code of Practice at all times. We meet all signage requirements under the BPA's Code of Practice regarding signage and notifying the driver of the terms and
conditions.

British Parking Association Code of Practice - Consideration and Grace Periods
Where a parking location is one where a limited period of parking is permitted (Max stay), or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be
added to the end of a parking event before a Parking Charge can be issued.
Neither a consideration period or a grace period are periods of free parking and there is no requirement for Britannia Parking to offer an additional allowance on top of a consideration or grace period.
We give motorist a 10 minute grace period at the end of parking event to leave the car park before a Parking Charge is issued, which is within the BPA guidelines.
After 120 minutes of parking, your 10 minute grace will commence, if the driver has not left the car park by the time the 10 minute grace period has been reached, a Parking Charge will be issued for
breaching the terms and conditions of the car park.
Therefore, we consider the Parking Charge to be valid and correctly issued.
Having considered the content of your letter and our internal review, as this is your first Parking Charge appeal, we are prepared to cancel the notice; with the understanding that you will not continue to breach the terms and conditions; as you are now aware of the maximum stay time
permitted for this car park.

Yours sincerely,
Appeals Department
Britannia Parking "

Apologies initially I said the parking was for three hours was actually two hours

Link below has the PCN and photos of the  signs,. Driver will later also add photo of the terms and conditions sign

Is there any basis on which an appeal can be made ?

https://www.dropbox.com/scl/fo/i0m8v6gaylmd9mjmxnafa/AGzwT2ufZgBKK0HMCS3rtIc?rlkey=u5tkhrcx5w2t1cmi9vdtdtbvv&st=4h4m3r4m&dl=0

Driver of the car overstayed in Soth Woodford Waitrose car park by about 3-4 minutes  and have received a fine

I was wondering is there legally any grace period allowed ?

The driver will take pics of the signage and will post them. Also will check if signage at entrance of car park

As requested have uploaded the back of the PCN as well

https://www.dropbox.com/scl/fi/k0see7tuwbangxoilvi4b/IMG_20241104_201713696.jpg?rlkey=03484lfoq6oqh0e1lj7wbrv26&st=9ehesa97&dl=0

I've uploaded the PCN ticket. Are you still having problems viewing the picture of the road  sign ?

https://www.dropbox.com/scl/fi/9weau0xw3a5t7dw6to9tn/PCNTicket.jpg?rlkey=76lfmsg573pp0jh8ozdghgjwr&st=049m3fh8&dl=0

So should I appeal and should I put in those case examples given in the appeal ? The numbers for each case do they have any relevance which the council will also be able to refer to ?

We have to do mediation this tomorrow however my wife is too nervous to do it and I'm not allowed to receive phone calls from work so my daughter will take the call

 Any does or don'ts we shud b aware off ?

I told my daughter if they ask are you willing to settle at any price offer them £30 but also mention it is simply to end the issue we don't accept blame.

Are they likely to ask why we not paying ? Any particular reasons we shud give ?

Thanks for any assistance

I haven't received any email or post asking me to fill out N180 form from courts

Any ideas how long they usually take ?

I hope the above is OK if not please could you let me know ?



A further question regarding the N180 form


In section F3 it asks how many witnesses will give evidence on your behalf at the hearing. Does that mean my wife will have to attend the hearing ?