Free Traffic Legal Advice

Hi all,

I have received a PNC charge from Bank Park management.

The driver fully complied with parking conditions and made payment in full via the card machine upon leaving. They have unfortunately discarded the receipt as they never had any issues before with this car park.

I have asked the driver to confirm with their bank that payment was taken. However the statement shows the contactless payment was processed the following day. I imagine this was why a PNC was issued.

Does anyone have any previous experience with fighting a charge such as this?

I have advised the driver to appeal and include evidence of bank statements being annotated.

Thanks in advance.

Thanks,

https://imgur.com/a/loelRDS

I've uploaded the documents and a copy of the charges upon entry. The driver has informed me that the system automatically calculated the time and payment after entering the license plate upon exit. A payment  of £3.50 was made by the driver and a receipt was received. However, this has been disposed. It would appear that is could be equipment failure?

Thanks again.

Thanks B789,

Appreciate your time helping understand the tricks these cowboys try to pull.

So from the attached letter, this is not a "notice to keeper", nowhere on the letter unredacted does it state this.

Would this letter be a more in depth allegation explaining the "charge"? And come to the driver at a later date?

Is the best course of action to await the NTK and then the driver appeals using evidence built up?

I think what you've attached is the notice to Keeper, the ntk is the first letter you will receive. Maybe b789 missed it? Don't start thinking about the tricks these companies play, its not helpful, to successfully contest a PCN you need to understand the legal basis for how they operate. Whilst it is not a fine it is an invoice and can be enforced in court as some people unfortunately find out. However it's unlikely to reach that stage and if it does people here will advise you through the process. As for the machine being faulty it's more likely the driver made a mistake either miskeyed the reg and selected the wrong arrival time or paid a long time before they a left the cad park. The payment machine will pick up the entry time from the ANPR camera and calculate how  much you owe up to the point of payment. They clearly had the vehicle entry time otherwise there would be no PCN. I'm not ruling out machine error but that will be difficult to prove and if it is driver error they will have a record of when payments were made and the reg entered if it was incorrect.

The NTK looks POFA compliant to me, I'm sure others will check, which legally allows the PPC to transfer liability to the keeper if you don't reveal who was driving. Unfortunately for you the PPC is an IPC member so initial appeal and IAS appeal are likely to be rejected.

Hi, the driver was successful with their appeal on this one and the penalty charge was cancelled. They would like to thank you all for your help and this thread can now be closed.

That's true

The driver provided screenshots of the payment from their bank account. Along with details of the card in which this was taken. Also provided a photo of the daily rates to show the payment made was correct.