Author Topic: Bristol Parking Services Ltd (BPS) - Parking Charge - Backfields Lane, Bristol  (Read 582 times)

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Hello FTLA,

We would appreciate any help you could offer with regard to the follwoing case:

On the 11th November 2024, the driver parked at the end of Back Fields Lane beside the end of the terrace building wall. See location image on Google Street View below. The car was parked at the end of the terrace fairly level with the wall, and a little further along than the black Nissan in the Google Street View.

See Google Street View of the location:
https://www.instantstreetview.com/@51.462288,-2.588314,180h,-17.24p,1z,TVrGkp7AX8rAP6Cgnp1SXA

This wall is long enough for two cars to park along, and it was covered for a long time in graffiti (it has since be removed). There were two signs present, one partially covered in graffiti, the edges of graffiti overrunning the sign as you can verify - see attached photos. NOTE: this is not the car in question parked in ther photo - (it reads ‘Parking for Knightstone Staff and Contractors Only’, the other surrounded by graffiti (it reads Warning Private Land etc’ - see close up photo).

Additional replicas of these signs are placed on a number of surrounding parking spots, but not on all. The graffiti on that wall has only recently been removed, the ‘Parking for Knightstone etc’ sign remains, the other is presently absent, but without the graffiti, the sign is clearly visible, and not obscured. This is especially relevant for someone like the driver, who has a congenital visual impairment which compromises visual perception and recognition, but does not disallow a driving license.

On January 20th 2025, I, the registered keeper, received a parking charge notice - see attached redacted copy.

We would greatly appreciate any help you could offer us to appeal this parking charge. Please don’t hesitate to contact if there is any omission of information or further clarification required.

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« Last Edit: January 21, 2025, 09:14:45 pm by jonhanks »

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That Parking Charge Notice (PCN) is not PoFA compliant and even says so on the postal Notice to Keeper (NtK).

Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. BPS has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. BPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
« Last Edit: January 22, 2025, 10:35:07 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Horizon Bristol Parking Services has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Horizon Bristol Parking Services have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

My bad. Now corrected.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Hello b789 & DWMB2,

Many, many thanks for your advice. I will send that exact response to Bristol Parking Services. They ask for correspondence by post, however I found an email address on their website (none in their NtK) so will send via this unless you advise otherwise.

You are both very kind for the time taken to reply to my request for help, and I offer very heart felt thanks to you both once again!

If sending by email, you should ideally send it as a PDF attachment in the email. Always CC in yourself when emailing.

Just use this address: appeals@bristolparkingservices.co.uk
« Last Edit: January 22, 2025, 03:19:54 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

One thing we haven't touched on (not that it affects the course of action too much) - the notice states a notice to driver was affixed to the car windscreen at the time... Was one noticed by the driver?

Thank you both once again!

The driver did see a 'notice to driver' on the windscreen. Advice from an earlier post was to wait for the notice to keeper to arrive in the post.

I'd be interested to learn the relevance of this. I'm assuming it has some based on your question, although you seem to think it has little bearing on the course of action you have already laid out.

Many thanks once again!!