Free Traffic Legal Advice

Please show the NtK with everything EXCEPT your name, address, PCN number and VRM. Leave everything else showing otherwise what you've shown us is useless. We need to see al the dates and times and the wording of the invoice.

Can you also please show the correspondence from the council where they stay the word "fine". As the land is owned by the council, is it covered by a "Parking Order"? If it is, then it is land under statutory control. Does the NtK mention PoFA 2012? Is it PoFA compliant?

Have you identified the driver?

We could do with seeing the back of the notice.

EXTRACTED TEXT:

PARKING CHARGE NOTICE INFORMATION On 26/06/2024 the vehicle: xxxxxx entered Pegwell Bay Country Park Sandwich, at 09:04; :01 and departed at 09:35:30 on 26/06/2024. The vehicle was parked at Pegwell Bay Country Park- Sandwich, Sandwich Road, Ramsgate, Kent, CT12 5JB. On 26/06/2024 you were the registered keeper of the vehicle xxxxx or you have been named by the registered keeper as the driver/hirer at the time of a breach of the terms and conditions of parking as set out in the signage, the Parking Charge is now payable to Euro Car Parks (as the Creditor) We are using the cameras to capture images of vehicles entering and leaving the car park to calculate their length of stay, The signage, which is clearly displayed at the entrance and throughout the car park states that this is land owned and controlled by Kent County Council, the car park is managed by Euro Car Parks and sets out the terms and conditions of the car park by which those who park in the car park agree to be bound. The Parking Charge Notice xxxxxx has been issued as the vehicle was in breach of the terms and conditions set out in the signage and is now payable to Euro Car Parks Ltd (as the Creditor) If you were not the driver at the time the Parking Charge Notice was issued, please provide full name and address of the driver in writing and pass the notice on to the driver. If you are a vehicle hire firm and the vehicle was hired out at the time the parking took place, please let us know and provide us with a Copy of the hire agreement and a copy of a statement of liability signed by the hirer under that hire agreement. If after 28 days beginning with the day after that on which this notice is given, the Parking Charge Notice has not been paid in full, we may pursue you for any Parking Charge amount that remains unpaid Failure to make payment may result in additional costs being incurred through debt recovery and/or court action where further charges will be added Failure to respond to this notice may lead to civil court action to recover the Parking Charge Notice. Non-payment of a Court Order may adversely affect your credit rating. KEEPER DETAILS AND DATA PROCESSING Under regulations 27 of the Road Vehicles (Registration and Licensing) Regulations the DVLA may release information from its vehicle register to any person who demonstrates 'reasonable cause' to have the information available to them. Circumstances incorporated in the pursuance of the Parking Charge Notice issued to the vehicle The Parking Charge Notice has been issued for the reasons explained, therefore giving Euro Car Parks purpose tO apply to the DVLA for details of the registered keeper. For further information on how Euro Car Parks process data please visit our website: www.eurocarparks.com

WHAT HAPPENS NEXT Once payment for your Parking Charge Notice has been made successfully either online, via telephone or by post, the case will be closed All appeals, complaints and transfer of liability may only be submitted online, in writing and must be received within 28 days from the date of our initial correspondence If your appeal is successful, you will be advised in writing. Appeals received within 28 days will be held at the rate applicable, if the appeal is rejected the rate applicable will be held for a further 14 days If your appeal is rejected, you will be provided with details and a reference number for the Independent Appeals Service (POPLA). Please note that POPLA will not accept an appeal if you have not appealed to Euro Car Parks Ltd in the first instance,. Please also note that you can either pay or appeal the Parking Charge Notice. You cannot do both. If you log an appeal to POPLA, you will lose the option to pay the reduced amount.
TK.KCCO3/23

Please visit www.eurocarparks.com to appeal online or write to Appeals Department, Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ

Thank you for your guidance. Am I correct in thinking that since the PCN makes no mention of trying to comply with POFA it is not POFA compliant?

I've used the Kent traffic app and cannot find any TPOs for Pegwell Country Park, only the 40mph zone on the main road outside it

As I suspected, Pegwell Bay Country Park in Kent is covered by the provisions of the Countryside Act 1968. This Act provides the legal framework under which Kent County Council can establish and manage the country park.

As with other country parks, the council has the authority to create byelaws under the Countryside Act 1968 to regulate activities within the park, maintain its facilities, and protect its environment. Pegwell Bay Country Park is also part of a larger area of environmental significance, including the Pegwell Bay National Nature Reserve and the Sandwich and Pegwell Bay Ramsar site, which are subject to additional environmental protections beyond those provided by the Countryside Act.

So, Pegwell Bay Country Park is indeed under statutory control, both through its designation as a country park under the Countryside Act 1968 and through other environmental and planning regulations that apply to the area.

Armed with the above information, when you appeal, you do so only as the keeper and decline to identify the driver. As the land is under statutory control, it is not “relevant land” for the purposes of PoFA and therefore, there can be no keeper liability.

Suggested initial appeal:

I am the registered keeper. Euro Car Parks (ECP) cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, ECP will be well aware that they cannot use the PoFA provisions because Pegwell Bay Country Park is not 'relevant land'.

If Kent County Council wanted to hold owners or keepers liable under the Countryside Act 1968 Byelaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because ECP is not the Pegwell Bay Country Park owner and your 'parking charge' is not and never attempts to be a penalty. It is created for ECP's own profit (as opposed to a byelaws penalty that goes to the public purse) and ECP 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. ECP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Good result! Especially surprising to see ECP cancel upon first appeal