Free Traffic Legal Advice

A couple of years ago, I got a PCN for not paying at all when collecting from Argos in Sainsburys there (I wrongly assumed supermarket car park would be free, genuine first-timer mistake!). I asked security in the shopping centre for someone to discuss this with and it got rescinded by speaking to whoever was senior on-site, though I can't remember their job role. Might be worth asking around during working hours! I believe they contacted the operator to get it cancelled.

Thank you for the replies. The driver is young an inexperienced and maybe someone a little more persuasive will have more luck with the gym, I will call today and speak to a manager.

I will not reveal the driver identity at any point here or to ECP.

If the phone call is unsuccessful - where should I go from here? It has clearly gone past the 28 day appeals deadline which would have been mid-May.

Ideally it would be best to speak to the manager in person.

it`s easier for them to fob you off on the phone.

In the long run ECP generally discontinue before paying the court fee, if it goes that far.

You could still contact ECP (strictly as the Registered Keeper) and specify that you have never received the original PCN and, as such, you would like them to grant you the right to appeal on those grounds.

Do not discuss the nature of your appeal at that point - simply that you would like to appeal as the reminder notice was the first you knew of the situation.

You would obviously ask them to provide a copy of the original NtK.

Did you ask them if they would allow you to appeal?

I would appeal on the basis that the NtK is not POFA complaint and they do not know who the driver was.

Point out that you understand that driver was a genuine member of the gym and that therefore the use of the car park was legitimate.


They will reject the appeal regardless but all we need is access to the POPLA appeal.

Debt Recovery Plus have absolutely no standing in this matter - do not be tempted to contact them under any circumstance.

The PCN can be sent by post: (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4)

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

There is no “fine”, this is based on an invoice for payment under the contract the driver entered into by parking and by reading the signs.

You or the registered keeper should search the forum for many other ECP cases and court claims, in which you will see that (a) the claims are for well over £100 including additional fees and (b) the majority of properly defended court claims never end up in court, because it’s not worth the while of the claimant to pay for someone to attend. But we can’t promise anything, only direct you to look and see for yourself.

You appear to have the basis of a defence in that the registered keeper can not be liable for the actions of the driver if the driver has not been identified and if ECP has not complied with PoFA 2012 to transfer the liability to the registered keeper.