3. Brittania PCN – Overstayed maximum time – Waitrose, Nine Elms, Battersea
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Brittania PCN – Overstayed maximum time – Waitrose, Nine Elms, Battersea
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Grateful for help.

I have received a PCN from Britannia Parking. On 21st February, the driver used the Britannia car park operated for Waitrose in Nine Elms, Battersea.

The driver stayed for 113 mins (18:57 to 20:44). The driver was shopping in the Waitrose for this entire period of time. It was a shop for a birthday party so there was a lot to be bought!

When the driver left the car park they had exceeded the maximum parking period of 60 minutes. I have since visited the car park and can see that there is a sign on the outside that says that the maximum stay is 60 minutes. The driver thought it was 120 minutes maximum.

On Friday 7 March, I, the registered keeper, received a PCN through the post.

In the first instance, should I reach out to someone in store? Grateful for your thoughts.



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Re: Brittania PCN – Overstayed maximum time – Waitrose, Nine Elms, Battersea
« Reply #1 on: »
Welcome to FTLA.

A good 'Plan A' is to contact the manager of the Waitrose - issuing parking charges to loyal customers doing a big shop is hardly conducive to repeat custom. If doing this, do so in your capacity as the keeper, and do not tell them who was driving.

Plan B: For reasons known only to them, Britannia have made no attempt to comply with the requirements of Schedule 4 of the Protection of Freedoms Act, and accordingly, cannot recover the charge from the registered keeper. The keeper can therefore appeal the charge with the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. 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.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
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Re: Brittania PCN – Overstayed maximum time – Waitrose, Nine Elms, Battersea
« Reply #2 on: »
They are also in breach of the PPSCoP because on the back they only give you 28 days from their "initial correspondence" to appeal whereas the The PPSCoP requires them to give 28 days from "receipt" of their correspondence. Any breach of the PPSCoP is also a breach of the KADOE agreement with the DVLA and they are therefore using your DVLA data unlawfully.

The more recipients of these PCNs complaint to the DVLA the more likely these operators will get sanctioned and live under the threat of losing their access to DVLA data.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Brittania PCN – Overstayed maximum time – Waitrose, Nine Elms, Battersea
« Reply #3 on: »
Thank you both very much.
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