The driver of the vehicle which I am the registered keeper for has parked in a parking space for parent and child spot.
The driver has gone into Tesco. The driver did have a child seat in the car for an eight year old (booster seat).
Today, I as the registered keeper received the following PCN. It may have been delivered earlier, I don't check the post box daily.
Is the suggested response in this thread suitable for my appeal?
https://www.ftla.uk/private-parking-tickets/horizon-parking-parent-child-parking-tesco-windsor/The signage is the same.
The photos on the appeal page just show the car up close and at a distance along with a sign.
Thank you in advance.
[ Guests cannot view attachments ]
Do you have a "young child"? If the answer is "yes", then you can park there. There is nothing in the contractual sign that says the young child must be with the driver.
What if the driver was there to pick up someone who is looking after the young child, the other parent maybe?
What evidence do they have?
Anyway, as advised, this his an easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
To go slightly off topic for a second, these 'parent & child' bays are very often so vague as to their terms that they would be nearly impossible to enforce. To use a slightly silly example, if I take my partner's daughter to the supermarket, could I use the bay, or would I be bang to rights because I'm not her dad? (I never do use these bays, for clarity, she's old enough that we've no need for them).
But, in this case, far easier to go for the lack of keeper liability angle, and use the template that you have already found, and linked to above.
Do you have a "young child"? If the answer is "yes", then you can park there. There is nothing in the contractual sign that says the young child must be with the driver.
What if the driver was there to pick up someone who is looking after the young child, the other parent maybe?
What evidence do they have?
Anyway, as advised, this his an easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Out of interest, how is the NtK not compliant?
It makes me laugh how they can just take a photo of a car and issue a PCN.
Have a read paragraph 9 of PoFA and see how they have not fully complied with all the requirements:
PoFA 2012
Thank you for the advice. Got the email today confirming they are cancelling it.
Agree x 1
View List
Winner x 2
View List