Free Traffic Legal Advice

CEL often use historic addresses (ie original DVLA search address) to make court claims. Ensure they are given updated details if needed.

If it were me I'd take a punt at seeing whether a judge might feel that this could be applied retrospectively.

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

This Code was first published in 2024. In
January 2025 the BPA and IPC created the
Private Parking Scrutiny and Advisory Panel
(the Panel). The Panel’s remit includes
oversight and review of The Code to uphold
standards in private parking management for
motorists and consumers. Consumer led
feedback identified an issue that the Panel
determined required an agile response and
which is reflected in this updated version of the
Code.
The Panel has created a new category of
Exempt Vehicle in Annex F.1. The category
relates to vehicles parked on land managed by
fixed camera technology. This change puts in
place protection to ensure that where a
genuine user is unable to make prompt
payment when entering a pay on entry car park
they do not receive a parking charge.

Annexe F.1
F.1 Exempt circumstances
Parking operators should take all reasonable steps to avoid issuing a notice to exempt
classes of vehicle (listed below) by scrutinising images and weighing the balance of doubt.
The Appeals Charter is a statement of the way certain grounds of appeal based on an
error or mitigating circumstances will be handled by the parking operator. There are 2
scenarios considered within the Appeals Charter:

Where the parking charge should be cancelled.
Annex F.1(j)
(j) a vehicle parked in a car park managed by fixed camera technology (ANPR and/or
CCTV) for which payment has been made for the full period of parking prior to the vehicle
leaving the car park.
NOTE: This exempt circumstance only relates to the timing of making payment. It does not
exempt a motorist from parking charges which have been issued for other contraventions
such as;
• Partial or under payment for the time parked,
• Where the driver has paid the tariff but made a major keying error when registering their
vehicle,
• Parking in a bay where the vehicle was not permitted to park
(this list is not exhaustive)

I received a parking ticket from a private company as I paid for 2x2hr parking tickets (sequentially), totalling 4 hours of paid parking time, but was in the car park for 4 hours 16 minutes.

I appealed based on the fact that the ticket machine was not working (I have a video of trying to pay but the machine getting stuck on the payment screen), so it took me longer than usual to be able to pay. They rejected my appeal.

In their appeal, they say these two things:
"We give motorists a 10 minute consideration period on arrival before entering into the ‘parking contract’. If the driver has not purchased a ticket within this 10 minute period, a Parking Charge will be issued."
"A ticket was purchased for 4hours, Your total duration of stay within the car park was 4hrs 16mins..."

However, I actually purchased two separate tickets for 2 hours each, rather than one 4 hour ticket. My question is this. Could I feasibly argue in court that since I paid for 2 tickets, I should be entitled to two consideration periods instead of 1, since each ticket represents its own contract which should be entitled to its own consideration period. Or is this just a simple semantic issue?

Thanks!

If they were fairly recent (Mid Feb 2025), the single CoP Annexe F.1(j), Exempt circumstances, might kick in (if the site is ANPR controlled).

The OP could use an (the) example, if there is one, of why the NTK does not comply with PoFA.

At present, they'll simply be writing words but not understanding their application.

IMO, I think you should take a stab at the creditor not having authority to demand parking charges in their own name. This arises because their client, Everyone Active, manage the leisure centre under contract from Bristol City Council and occupy the site under licence which does not entitle Everyone Active and therefore their agent to demand parking charges as creditor.

You might as well. IMO, it's a better punt than 'byelaws'.

Why not both? 

(RTRA 1984 ss43 & 44(2)
https://www.legislation.gov.uk/ukpga/1984/27/section/44

PoFA Sch 4 s3 ?

It is possible that the 'contract' can survive statutory illegality, depending on the purpose of the relevant legislation.
Smith v Mawhood (1845) 14 M & W452.
(Cheshire, Fifoot & Furmston's Law of Contract: Contracts prohibited by statute.)

There is a judgement against me. I’ve just found out right now. This is absolutely crazy. I haven’t contacted anybody or anything or see any letters.

Realistically, you've only 3 choices.

1/ Pay the Judgment Creditor (parking co). Pay within a month of judgment & it doesn't go on your credit record.
2/ Write to same & ask consent for a set aside of judgment. If they agree, an application costs £123.
*3/ Apply to the court for a set aside without consent. £313.

*You will need a good reason for the set aside

Applications on form N244
https://www.gov.uk/government/publications/form-n244-application-notice

BETTER TO be safe than sorry!
would u like to me reupload, regards to pcn front back, i may be able to get this i never got them as i dont live there, im unsure, signpost of the car park, i might be abale in a few days by visiting the car park.

Start with the court claim form....it would be nice to be able to read the PoC.

Hi Guys,

I received a new mail from DCBL today. I'll ignore this. Just adding this here for the record.

However, I sent the email to the DPO@TPS and they have acknowledged the change on their system (apparently).
And, regarding SAR: is that the comment from b789 [on March 21, 2025, 05:44:52 pm](https://www.ftla.uk/private-parking-tickets/dcbl-parking-charge-nightmare-wrong-address-escalated-fee!/msg63660/#msg63660) ? I've sent this to the DPO@TPS.

If that's not the SAR (subject access request) could you please tell me who to send it to? (DCBL or TPS)?

Kind regards.

For clarity, was this recent DCBL  ̷s̷c̷a̷m̷.̷  letter sent to your current address?

Any chance you can post up pics of the documentation (pcn's, front & rear, .....all redacted re personal info) plus a pic of the relevant site sign, in addition to the N1 court claim form. (Also redacted)?

See 'Read this first' re imgur or similar hosting site.
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/