Free Traffic Legal Advice

Hi all,

Just wanted to check if my best bet is to just ignore the PCN and wait to see if a NTK will be issued? Or is it worth appealing the PCN on the grounds outlined in some of the comments (putting the onus on them to prove that it was the same driver on both occaisions / not identifying the driver as PCN is not PoFA compliant)?

Appeal cut off is Sunday and just wanted to be definitely sure i take the best route.

Any advice appreciated - cheers!

See https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Quote

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

Ah thanks, okay. So assuming that my best bet to ignore the PCN and wait and see if they issue a NTK?

Is my best bet to not provide driver details & argue from that angle? how they're unable to enter into a 'contract' with a vehicle itself?

Driver received a parking charge for returning within the no return time (24HR no return period).

Am i able to appeal this by flat out refusing to name the driver, given the ticket isn't a notice to keeper?

Physical copy of the PC was issued on windscreen - the images they've provided on the appeal site aren't consistent - one looks like the time / date has been superimposed after being taken as isn't the same format as the others. Although not sure this means anything...

Any advice appreciated

https://postimg.cc/gallery/jtKVfVv

Hey guys, just wanted some advice on a PCN received from Apcoa, issued on 14/11/24 for overstaying at a tesco car park. The max stay is 3 hours and my vehicle was caught out via ANPR. I believe the ANPR has only been implemented recently as i've previously parked there for over 3 hours with no ticket received. I have no leg to stand on in terms of my circumstances and not looking for any judgement, just wanted to know if the ticket could be challenged on any technical grounds, i.e any legal issues with the PCN?

I have read previous posts on the forums regarding PCNs from APCOA, and note that the template that has been posted a number of times

'I am appealing your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. As the keeper, I note from your correspondence that you are not seeking to hold me liable under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). As you have chosen not to issue a Notice to Keeper (NtK) in accordance with PoFA. I suggest that in order to save us both time and money, you cancel the PCN.

As there is no obligation for me to name the driver and no inference can be made otherwise, 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 where we both know, you will lose.'

Is this the best I could post in hopes of winning an appeal? I've attached images of the PCN front/rear and a photo of the signage.

Any advice is greatly appreciated, cheers 


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I see what you're saying. I can't be 100% certain, as I use the auto fill so yeah, defo a possibility.
I did receive a letter from the debt collectors though, with the incorrect postcode, but I guess that won't mean much?

I think the most positive thing from the pack was the proof of postage letters and the fact one wasn't included for the appeal rejection?
(If that is a proof of postage, but that's what it seems to be to me)

Negative - it ends 'GJ' - realised it wasn't on there and should have clarified!