Can you help please - as the registered owner of a vehicle that Britania issued a parking ticket to in a Waitrose car park - they are not responding in a positive way to my emails and I have now receieved a letter from a debt collector demanding that I pay the fine - should I pay or fight this ? My last correspondence and reply from Britannia is as below - I am not sure how to respond back ?
Good Morning,
Thank you for your email.
It is our choice as a car park management company to decide whether to refer to the Keeper Liability provisions in Schedule 4 of POFA 2012, when we issue a Parking Charge. Britannia Parking made no assumptions as to the identity of the driver. The identity of the driver does not affect the validity of a Parking Charge.
We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. Since, transfer of liability has not been requested the Parking Charge in question remains under your details.
Under BPA guidelines, all appeals must be received with 28 days from the date of our initial correspondence. Since, your appeal was not submitted within the given timeframe we could not upload your email to be reviewed as your appeal for the Parking Charge: A7141847.
You have been previously informed that, we are required to consider appeals received outside of the normal 28-day period allowed for lodging an appeal, where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within the normal timeframes (Eg. when the recipient being away or abroad when the notice was delivered).
The requested evidence of being away was not provided; therefore, your email did not meet the late appeal submission criteria.
Please be informed that a payment of £70 for the Parking Charge: XXXXXXX is outstanding.
How to Pay:
• Internet: Visit
https://britannia-parking.ec6pay.com/ and follow the onscreen instructions. Please have your parking charge number and payment card details ready.
• By Phone: Call 01202 068160
Kind Regards,
Attention of XXXX,
Thank you for your email admitting again that your Parking charge is non Compliant and indeed you are aware that your claim under the old ‘implied contract with the driver’ rules have been rendered obsolete in recent court cases.
I can only once again reiterate :
Your admission that the Notice to Keeper is non-compliant with the Protection of Freedoms Act 2012 (PoFA) confirms that you have no lawful basis to pursue the registered keeper for this charge.
Your continued reliance on "implied contract with the driver" arguments, rendered obsolete over a decade ago with the introduction PoFA, demonstrates a fundamental misunderstanding of the legal framework governing private parking enforcement. As confirmed in the persuasive appellate decision in VCS v Edward [2023], there is no presumption that the keeper was the driver, and your assertion is therefore legally baseless and simply exposes either the sheer desperation or utter ignorance of whoever penned the letter.
The continual use of excuses to attempt to twist the law and mislead registered keepers into believing they can somehow be held liable has already been reported to the DVLA. All your correspondence, including your latest effort, will be retained and used as evidence of this intellectually malnourished behaviour — which clearly exposes your failure to abide by the Code of Practice and thus your breach of the KADOE contract.
If you are unable to grasp these basic legal principles, you are welcome to reject my appeal and issue a POPLA code. Otherwise I assume that you will immediately cancel the charge.
Yours sincerely,
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