Free Traffic Legal Advice

 Hi all

I would appreciate some help with a parking PCN from EuroCarPark in Sainsbury's Ilford. The PCN states that the driver overstayed the maximum time frame allowed (90min), and actually stayed 2h7min

SITUATION: Upon entering the car park, the driver went into Sainbsurys for some shopping, and then went to a doctor's appointment in the nearby shopping centre (ilford Exchange shopping centre) just across the road. However there was a fire alarm in the shopping centre, which meant that everyone was evacuated and therefore the appointment ran over due to the delay in getting all the evacuated people back into the building. Due to the appointment running over, when they left the car park they had exceeded the maximum parking period. On Wed 4th June, I, the registered keeper, received a PCN through the post (please also note that this delay in receiving the ticket meant that the date issued (24th May) didn't give me the 2 weeks to pay the discounted rate of £50)

I am posting a copy of the PCN received, as well as a photo of the parking sign (i got the photo from Google Maps street view, so apologies for not being clear (i tried to clear it up as much as possible!)). Here is the Google Maps street view link as well if you wanted to get an idea.

https://www.google.com/maps/@51.5567452,0.0681569,3a,15y,163.25h,88.18t/data=!3m7!1e1!3m5!1stO9cNaBMtjnRzEDSRpPCJQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D1.8199999999999932%26panoid%3DtO9cNaBMtjnRzEDSRpPCJQ%26yaw%3D163.25!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDYxMS4wIKXMDSoASAFQAw%3D%3D


Any help will be much appreciated!

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Thanks for this, I really appreciate it. I am going to follow your advice - I'll keep this thread updated!

You have 33 days from the date of the rejection of your initial appeal to submit your POPLA appeal. As this is a clear cut case, you only have to appeal on the ambiguity of the relevant land and therefore a breach of PoFA 9(2)(a) and also put them to strict proof of their contract flowing from the landowner.

Appeal to POPLA with the following:

POPLA Verification Code: [Insert Code]
PCN Reference Number: [Insert PCN Number]
Vehicle Registration: [Insert Registration]

I am the registered keeper of the vehicle and I am challenging this Parking Charge Notice (PCN) issued by Euro Car Parks.

This PCN is invalid. The Notice to Keeper (NtK) fails to comply with the Protection of Freedoms Act 2012 (PoFA), Schedule 4, because it does not identify the relevant land. The location stated is simply “Lidl – Ilford”, which is vague and ambiguous. There are multiple Lidl sites in Ilford:

• Lidl – 308-310 High Rd, Ilford IG1 1QP
• Lidl – 1-11 High Rd, Ilford IG1 1DA
• Lidl – 1-3 Clements Rd, Ilford IG1 1BA

PoFA Schedule 4, Paragraph 9(2)(a) requires the NtK to “specify the land on which the vehicle was parked”. A generic label like “Lidl – Ilford” does not meet this requirement. Because the NtK fails to specify the actual location, it is not PoFA compliant.

This is not a technicality. The entire basis for keeper liability under PoFA depends on full compliance with its conditions. Partial or substantial compliance is not enough. If the NtK fails on any mandatory point, liability cannot transfer from the unknown driver to the known keeper.

As the keeper, I am under no legal obligation to identify the driver. Since the NtK is non-compliant, I cannot be held liable. The PCN is invalid.

The operator is also put to strict proof that they held a valid contract with the landowner to operate and issue PCNs at “Lidl – Ilford”. Any evidence submitted must be unredacted and must include all elements required under Section 14.1(a) to (j) of the Private Parking Single Code of Practice (PPSCoP).

Before issuing any parking charges, the operator must hold written confirmation from the landowner that includes:

1.Identity of the landowner
2. A boundary map of the managed land
3. Any applicable byelaws
4. Permission granted and its duration
5. Parking terms and conditions (e.g. free periods, tariffs, exemptions)
6. Method of issuing charges (e.g. windscreen or post)
7. Responsibility for obtaining consents (e.g. planning, signage)
8. Documentation to be supplied to authorised bodies on request
9. Approach to handling appeals

All of the above must be evidenced in full and unredacted if the operator relies on landowner authority. A simple letter of authority does not satisfy the requirements of section 14.

As there is no lawful basis to pursue the keeper, the PCN is invalid and this appeal must be upheld.

Here are the rest of the options, for reference

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Honestly Thank you so much for your support. I've now submitted the appeal! I'll keep you posted!