Free Traffic Legal Advice

Hi everyone,

I've just received a "Parking Charge Notice - Notice to Keeper" letter from Civil Enforcement for an "incident" on 20th December 2024.

The circumstances are as follows:
- On 20th December, the driver was driving on Greenwich High Road taking someone to a dentist appointment.
- There was nowhere to park near the dentist's office, and the road being busy with a cycle lane, the driver continued past the office and turned left into a car park in front of the Sainsbury's on Greenwich High Road.
- The driver did not notice any signage on entering - while there is a "Pay here" board visible on GSV, the driver's focus was on making the turn into the car park with pedestrians crossing and cyclists potentially in the blind spot at the left of the vehicle and did not see the sign.
- The driver proceeded to stop in a bay facing the entrance to Sainsbury's to let the passenger out - no signs were visible from this perspective.
- The passenger got out, fetched some possessions from the back seat and boot.
- After this, the driver exited the car park (i.e. they did not wait for the passenger, it was merely a "drop off").

The times marked on the PCN are entry at 08:57 and exit at 09:10. The duration seems longer than memory but is not disputed.

Links to the "PCN":
https://ibb.co/N37pRR5
https://ibb.co/TvkFvjk

Link to parking location:
https://maps.app.goo.gl/4v4C32y4i3ZJyAsg7

Is there anything that can be done on this or should I simply pay up to get the early fee discount?

Many thanks in advance!

This GSV image from October 2024 shows a lack of signage within the car park:



However, a stay of 13 minutes is difficult to reconcile with this statement that it was just a "drop off":

- The driver proceeded to stop in a bay facing the entrance to Sainsbury's to let the passenger out - no signs were visible from this perspective.
- The passenger got out, fetched some possessions from the back seat and boot.
- After this, the driver exited the car park (i.e. they did not wait for the passenger, it was merely a "drop off").

I would suggest the following as an initial appeal which worked for another case I handled with CE at a different location:

Re: Parking Charge Notice (PCN) No. [PCN Number]
Vehicle Registration No: [VRM]
Issue Date: 29/12/2024

I am appealing as the registered keeper of the vehicle. I am under no legal obligation to provide
the driver’s details, and I decline to do so.

Civil Enforcement Ltd (CEL) has failed to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act (PoFA) 2012, which are necessary to hold the keeper liable. I outline the following points of non-compliance:

1. Failure to comply with PoFA paragraph 2(2):

PoFA paragraph 2(2) states that 'adequate notice' of the parking charge must be given to
drivers. In this case, no adequate notice was provided. There were no visible signs at the
entrance, at the location where the vehicle stopped or along the route to the entrance of
the Sainsbury's store, communicating the parking terms and conditions.

2. Failure to comply with PoFA paragraph 2(3):

Paragraph 2(3) further clarifies that 'adequate notice' means signs must clearly specify the parking charge and be positioned in such a way that the charge is brought to the attention of drivers. In this case, CEL did not display sufficient signage to meet this requirement.

3. Failure to comply with PoFA paragraph 9(2)(c):

PoFA paragraph 9(2)(c) requires that the Notice to Keeper describe how the parking charge arose and how the requirement to pay was brought to the attention of the driver. Given that CEL has failed to provide adequate notice as defined in paragraphs 2(2) and 2(3), the Notice to Keeper does not comply with this requirement. CEL’s partial or substantial compliance with PoFA is insufficient to establish keeper liability, as full compliance with all PoFA requirements is mandatory.

In addition, should CEL reject my appeal, I will expect them to provide the following evidence to POPLA:

• A detailed layout of the car park showing the location of all signage.

• Proof of the exact location where the vehicle was parked, and how this relates to any signage.

• Evidence that the signage used to display the parking terms and conditions is fully compliant with the British Parking Association (BPA) Code of Practice.

CEL will be put to strict proof of the vehicle’s parking location and the relationship of that location to any signs passed between the parking space and the store entrance.

In light of these clear breaches of PoFA and the inadequate signage, I request that the Parking Charge Notice be cancelled.