As keeper of a vehicle, I received a £100 Parking Charge Notice. I was not the driver at the time of the alleged parking charge notice. I have viewed the dashcam footage from the vehicle however. It appears the vehicle entered the car park and was immediately stuck in traffic to exit the car park. The driver and the passenger, while in traffic, swapped places (so that the passenger could do a driving lesson with L plates).
It took 16 minutes from entering the car park to leave and at no time was the vehicle parked, merely moving forward in traffic throughout until exit.
However, I am only able to view footage on the dashcam and when I try to save the video footage from the SD card it cannot be read. I tried videoing the dashcam playback from the dashcam on my phone but after trying to save it, it can no longer even be viewed on the dashcam.
The Parking Charge Notice has photographs of entry and exit of the car park only, not usage of a parking bay (obviously, as one wasn't used). Furthermore, this photography seems to be ANPR despite no signage saying ANPR is in use.
If relevant, there were many empty parking bays in the car park, so there was no "loss" to the business as a result of the driver's supposed "parking" either.
Because the Parking Charge Notice doesn't specify the period of "parking" (as it cannot), only the entry and exit times of the car park, it is not compliant with Schedule 4 of the Protection of Freedoms Act 2012 and I intend not to pass on either of the driver details as a result. But were this not so who would I name as the driver anyway as there was more than one?
Also the Notice To Keeper states payment must be made within 28 days of the date issued rather than as statutorily required within 28 days of receipt, so is non-compliant under POFA 2012 Paragraph 9. There is an 800 character limit for appeal on the Euro Car Parks website so I was thinking about submitting the following:
"I am the registered keeper and I am not required to name the driver as you have not met POFA Schedule 4. Your monetary claim is disproportionate, punitive and unjustifiable in total. Any contractual breach can have caused no financial loss whatever to you or to the land owner. I have not entered into a contract with you. You are using ANPR camera systems but this is not clearly advertised on the signage. Your civil parking notice does not state either a VAT registration number or an invoice reference number. Your notice wrongly requires payment to be made within 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from date of receipt. The PCN does not show when and how any parking offence took place, only supposed entry and exit of the car park."
Any advice would be welcome.
