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Messages - RichardW

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1
Private parking tickets / Re: Excel Parking Services - PCN
« on: August 12, 2026, 05:18:08 pm »
Odd that you have not received any of the letters, but lucky you got the one that really counts!  Do you have other postal issues?

With their NTH they should have sent the additional documentation required by POFA, any sign that this was done in the SAR documentation?

Post up the documentation, there may be other shortcomings or places they have tripped up.

You might as well defend it, worst case you lose and pay the amount they are claiming anyway!

2
Civil penalty charge notices (Councils, TFL and so on) / Re: Lambeth PCN - Prohibition of certain types of vehicleCode 52 - Lingham Street Conflicting Signage
« on: August 12, 2026, 03:18:32 pm »
Restriction is now here:  https://maps.app.goo.gl/nBup2RgzbV35NsyRA

Video is front on and doesn't show the signs passed - might be an avenue for appeal, others more experienced may advise.

3
Civil penalty charge notices (Councils, TFL and so on) / Re: Lambeth PCN - Prohibition of certain types of vehicleCode 52 - Lingham Street Conflicting Signage
« on: August 12, 2026, 02:37:29 pm »
Looks like there is a relatively new LTN through traffic prohibition in the middle of Lingham street that you have fallen foul of, nothing to do with the timed school access.  If you go on their map, and select the speed and movement layer you can find and download the traffic order.

Can't read the VRM or PCN number - if you supply these there might be technical appeals.

4
Private parking tickets / Re: PCN for parking for driving in a parking monitored area
« on: August 12, 2026, 12:56:25 pm »
The act is very specific in saying that the NTK must state the words - not imply or otherwise.

However, not sure this has actually been tested at the court - when challenged the Parking Cos normally discontinue - there is always a first time of course.  At this stage you have nothing to lose - there is no other route of appeal where you are now, so you might as well throw everything at it to show you are not going to be a push over.

5
Private parking tickets / Re: PCN for parking for driving in a parking monitored area
« on: August 12, 2026, 08:48:35 am »
Here are the requirements:

Quote
9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—

(i)specified in the notice; and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

(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 14 days beginning with the day after that on which the specified period of parking ended.

At least 2 (e) and (f) is missing.

6
Private parking tickets / Re: PCN for parking for driving in a parking monitored area
« on: August 11, 2026, 10:44:22 pm »
You can't take any action - only wait for a court claim, and this will form part of the defence.

Reply to the LOC should be along the lines of denying liability as keeper, there being no ability to transfer liability due to failings in the NTK to comply with Protection of Freedoms Act. It looks to me like the not parked line is also relevant as the sign says Terms and lists effectively 3, one of which is parking without permit, then it says charge payable if you break terms. I.e. no charge if not parked. Draft something up, and post it for comments.

7
Private parking tickets / Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« on: August 11, 2026, 01:28:11 pm »
I think in this case I would send a complaint pointing out the issue with the PCN and that you intend to defend any claim and, on the basis of there being no route to your liability, consider further processing of your data as keeper as unlawful.  They might back down, but then again....!

8
Private parking tickets / Re: PCM / Moorside Legal - Letter Before Claim
« on: August 11, 2026, 12:27:05 pm »
They have 6 years to lodge a claim  ::)

9
Private parking tickets / Re: PCN for parking for driving in a parking monitored area
« on: August 11, 2026, 12:25:56 pm »
Please also post the Letter of Claim.

The NTK is not compliant with POFA to transfer liability to the keeper; hopefully you haven't given the driver's ID away in the appeals to date.  It also refers repeatedly to 'parking' but as you say, no parking took place.  Any chance you get pics of the signs at the location?  Not on street view, and a rubbish lorry is  blocking the entrance - but the signs do appear to say Residents Only.

Not much you can do just now if you intend to dispute at court but you should reply to the LOC setting out your position.

10
Private parking tickets / Re: APCOA - Heathrow T4 - Use of Drop Off Zone without making a valid payment
« on: August 10, 2026, 12:34:31 pm »
Quote from: bigred247 on August 10, 2026, 09:11:31 am


2. In any event, no valid transfer of liability under the hire provisions

Without prejudice to point 1 above, and notwithstanding that POFA does not apply to this site at all, I note that the registered keeper of this vehicle is Arval UK Limited, not myself. Paragraph 14 of Schedule 4 only permits liability to move from a hire company to a hirer where the hire company has, within the prescribed period, supplied the creditor with a copy of the hire agreement and a statement signed by the hirer accepting liability. No hire agreement or hirer's statement has been supplied to APCOA. In the absence of this, APCOA has no mechanism even setting point 1 aside entirely, by which liability could ever pass from Arval UK Limited to any hirer.


The point here should be that APCOA are required to send the documents(*) with the NTH, regardless of whether or not they were supplied by the hire co.

* - confirmation that from hire company that the vehicle was hired, copy of hire agreement, a copy of statement of liability signed by hirer, a copy of the original NtK

Rest looks good.

11
Private parking tickets / Re: Gatwick Airport PCN - Driver paid later than the stipulated time
« on: August 08, 2026, 03:54:10 pm »
Do a forum search for Aiport and you will see there is no route to keeper liability. A simple appeal pointing this out may be enough.  Just don't ID the driver, even incidentally by saying 'I did'!

12
Private parking tickets / Re: APCOA - Heathrow T4 - Use of Drop Off Zone without making a valid payment
« on: August 08, 2026, 03:52:05 pm »
If you do a search on here on airport you will see that they are covered by bylaws, and therefore not relevant land for POFA purposes and the parking co have no route to transfer liability.  In your case, it being a hire car adds a further layer of complication - presumably there were no accompanying documents with the NTH?  In general APCOA don't litigate, and often roll over if a decent appeal is put before them.  You have 2 points:

1.  Airport so not relevant land and there is no route via POFA for transfer of liability
2.  Not withstanding 1, the vehicle was on hire, and they have not supplied the required paperwork to transfer liability, so even if 1 didn't apply, they would not be able to hold the hirer liable.

Just make sure in any appeal you do not identify the driver, even incidentally by saying 'I did'!

13
Private parking tickets / Re: Airport
« on: August 08, 2026, 03:46:23 pm »
It appears you have not sent a Witness Statement?

What have you received from the court / VCS - does it include their witness statement?  Is there an indication that they have paid the court fee?

14
Private parking tickets / Re: UKPS PCN
« on: August 07, 2026, 08:04:57 pm »
Do a search for POFA compliance - there are multiple failings on this PCN that mean they will not be able to transfer liability.  Not that it will stop them trying....

15
Private parking tickets / Re: Britannia NTK for Parking longer than the permitted time
« on: August 07, 2026, 10:18:37 am »
Quote from: DontStandForNonsense on August 07, 2026, 08:15:27 am
Hiya,

Yes, she is the registered keeper. I suppose my thinking that they should do their own research and that we shouldn't make it easy for them (at this stage anyway)?

My thought here is that you might as well be as specific as possible - if you say 'not compliant' they will just say 'yes it is' - it's harder for them to say it is if you point out it's out of time.

Quote from: DontStandForNonsense on August 07, 2026, 08:18:55 am

The parking firm or POPLA will reject it?

The parking co, for sure.  POPLA maybe

Quote from: InterCity125 on August 07, 2026, 09:03:20 am
POPLA will almost certainly uphold the appeal due to the date but you must go through the operator appeal process first.


There's nothing to stop the parking cos issuing an out of time NTK saying the driver is liable, POFA just allows them to transfer the liability to the keeper - and I have a hunch that POPLA will just say it's OK - there doesn't appear to be any wording in the notice about liability transfer, it just says 'the motorist' is liable (which is a deliberately vague term to deflect from the fact that it is the unkown to them driver that is liable).

As this is a Waitrose carpark have you tried there to get them to cancel?

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