Author Topic: Not parked Wholly within bay (Arena Car Park Coventry)  (Read 69 times)

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The_Jargen

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Not parked Wholly within bay (Arena Car Park Coventry)
« on: February 03, 2025, 06:17:17 pm »
Hi All,

I received a PCN today for not being parked wholly in a bay. Do I have any leg to stand on? Where do I go from here?

https://imgur.com/a/XwhZ5FK

Regards,

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Sander333

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Re: Not parked Wholly within bay (Arena Car Park Coventry)
« Reply #1 on: February 03, 2025, 07:10:55 pm »
As a registered keeper I have recently received a similar PCN in the Swansea area. I would advise to await advice from more senior and experienced members. In the meantime it may be worth looking at my thread to see if there is any useful info for you.

b789

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Re: Not parked Wholly within bay (Arena Car Park Coventry)
« Reply #2 on: February 04, 2025, 12:33:07 am »
Hi All,

I received a PCN today for not being parked wholly in a bay. Do I have any leg to stand on? Where do I go from here?

https://imgur.com/a/XwhZ5FK

Regards,

Of course you have a leg to stand on. First of all, was there a reason why the driver parked on the hashed area of the bay? Was this a disabled bay/parent-child bay or was the one adjacent to it?

For now, follow this advice:

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.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Premier Park 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. Premier Park have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

The_Jargen

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Re: Not parked Wholly within bay (Arena Car Park Coventry)
« Reply #3 on: February 04, 2025, 07:09:11 am »
Thank you Sander and b789, I have now appealed and shall await the response. I'll keep this thread update as I hear more.

Regards.

b789

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Re: Not parked Wholly within bay (Arena Car Park Coventry)
« Reply #4 on: February 04, 2025, 10:35:23 am »
Errr... did you not read this bit?...

First of all, was there a reason why the driver parked on the hashed area of the bay? Was this a disabled bay/parent-child bay or was the one adjacent to it?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

The_Jargen

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Re: Not parked Wholly within bay (Arena Car Park Coventry)
« Reply #5 on: February 04, 2025, 11:00:01 am »
Sorry, completely overlooked that bit. This was not a disabled bay/parent-child bay, but I do believe there was one adjacent to it.

b789

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Re: Not parked Wholly within bay (Arena Car Park Coventry)
« Reply #6 on: February 04, 2025, 11:04:08 am »
Is that a metal post within the boundary of the parking bay?

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

The_Jargen

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Re: Not parked Wholly within bay (Arena Car Park Coventry)
« Reply #7 on: February 04, 2025, 11:53:33 am »
I'm not 100% sure but looking on google maps image capture from 2023 they are outside the parking bay on the footpath.