Free Traffic Legal Advice

Hi All,

i recently was picking up my niece (1 years old) and nephew (2 years old) - from the Sainsburys my daughter was in the Sainsburys purchasing child related products (have receipt) i was standing next to my car smoking a vape , and to my disbelief the car park attendant is standing next to my car taking pictures - i tell him hey my niece and nephew are in the shop - he attempts to begin an argument, i then take a photo of him standing next to my car i go into the shop and come out with nephew and beggars belief this numpty stuck a PCN on my car.

Observation time : 17:10 - issue time 17:10 so clearly he didnt even give me a minute and issued it straight away, looking online for supporting documents they have zero photos yet a £85 outstanding charge.

Do i just appeal ? how the hell do i prove i had my niece and nephew in the store (apart from the children product sainsburys receipt)- how can i report this car park attendant he cannot go around ticketing people the same second you observe them.

In 50 years of my existence I've never heard someone get a ticket for this?, Note that i have photos of the parking attendant standing next to my car at 17:08 2 minutes before the ticket was issued so i have proof i was there in the area.

To help us help you, please read the following thread and provide as much of the information it asks for that you are able to provide: READ THIS FIRST - Private Parking Charges Forum guide

LOCATION: Uxbridge,London - Euro car parks PCN (attached to car)

Commentary: Upon entering the car park, i found a parent and child space, parked up, and while walking inside the parking attendant immediately physically ran to my car and starting taking photos, i turned around and explained i had 2 kids inside with my daughter. He refused to listen and tried to argue. I left and returned within 5 mins. He left the ticket immediately 17:10 observation time and 17:10 ticket time. So far i have not appealed.

I have photos of me and the ticket guy him standing next to my car 2 mins before he left the ticket so clearly i was around. i also have proof of what was purchased in store.

Next steps?

If it was a windscreen Notice to Driver (NtD) then do not appeal yet. Wait until 25 or 26 days after the NtD was issued and then appeal only as the keeper. Do not identify who was driving.

The reason for this is to tie them up in the appeals process at a time when they should also be posting a Notice to Keeper (NtK). Many PPCs in the BPA omit any NtK when replying to an appeal and the very fact a PPC forgets to send you a NtK by day 56, gives you a winning point at POPLA. Don't forget this tactic, and use it at POPLA stage: having appealed on day 25 or 26 after a windscreen PCN, make sure you take note of whether any postal NtK is ever received in the following weeks. A rejection letter with POPLA code is not a 'NtK'.

You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win as long as you make the missing NtK clear to POPLA.

So, you parked in a Parent and Toddler bay and left your car, but without a toddler.

You say you had arranged to pick up your nephew and niece from your daughter who was in the shop and you argued the toss on this point with the operative, despite there being no objective evidence that this was what you were doing.

You reappeared with your nephew only, no sign of your daughter, by which time the PCN has been served and the operative had gone.

So, did you have child seats already in your car for the children or were you planning to take those in your daughter's car?

Did you look for the operative with your nephew in tow in order to explain?

May I suggest you think about what the operative saw rather than what was in your mind/you intended to do.

If there weren't child seats in your car then why should the operative take your word as fact? Why shouldn't they just have acted on what they'd seen?

I put matters this way to try and get you to see matters objectively and compose any challenge on the substantive matters in a balanced manner.