Free Traffic Legal Advice

The PCN for 24/5 is issued too late to use PoFA 2012 to transfer liability from the driver to the registered keeper. It has to reach the registered keeper within 14 days and, with a date of 8/6, it can’t have done.
Please post the 26/5 NTK to see if it has the same failing.

If so, you have a simple single appeal point for both notices as long as you appeal as registered keeper and do not identify the driver.

If you include the other stuff in your appeal they will rebut your appeal on other points and completely ignore the PoFA point, which they can’t rebut.

Unfortunately reading this legislation it seems they have 28 days not 14, and it also applies after they receive the keepers information from the DVLA which can take some days.

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

Where did yoy see the 14 days so that I can double check?

Looking for advice on two private parking PCNs from Carparkers (Anglia) Ltd at Sea Palling / Clink Road car park (Norfolk).

I have received two Notice to Keeper PCNs (24th May and 26th May), both for exactly the same alleged contravention: “Parked without a valid Pay & Display Ticket”. These were postal notices with ANPR entry/exit photos.

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Facts:

* Driver parked in the Sea Palling car park (Clink Road / Clink Lane, NR12 0UL).
* On both occasions, the payment machine nearest to where driver parked was not working.
* Driver walked to the nearest operational machine, which was immediately adjacent and only about a metre from the boundary. Looking at google maps this could possibly be within the neighbouring car park (Beach Rock car park).
* The two car parks are separated only by a low fence with multiple proper pedestrian gaps/openings, making it easy to walk between them.
* There was nothing obvious to the driver indicating that they could not use that nearby machine, particularly given the nearest machine was unavailable.
* Other motorists on both occasions also appeared to use the same nearby machine after finding the nearer one not working.

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Importantly, Driver did pay for parking on both visits.

For 24th May, the driver still has the physical pay and display ticket:

* Vehicle registration entered correctly
* Ticket bought 7 minutes after arrival
* Time purchased covered the entire stay
* £3 paid
* Vehicle left before expiry

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The PCN alleges “parked without a valid pay and display ticket”, but the driver plainly did purchase one for the registration and stay.

For 26th May, the driver no longer has the physical ticket, but the driver does have a matching bank/card payment around the relevant time.

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My suspicion is that because the nearest machine was broken, the driver may have paid at the adjacent car park’s machine without realising the ticket would not apply, but the driver genuinely believed they were complying and had paid.

The driver is planning to appeal both. Does this sound like a reasonable first appeal / POPLA case, particularly around unclear signage/boundaries, machine failure, and evidence of payment?

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PCN cover: https://ibb.co/sd1z6Cvn
PCN back page: https://ibb.co/fGL69tmN
Ticket for 24th May: https://ibb.co/My4RzL8M
Car park address which was parked in: Clink Rd, Sea Palling, Norwich NR12 0AL
Image of payment machines (behind the big 'car park' sign is the broken payment machine and on the right is the machine that was paid at): https://ibb.co/5htGBQ7s