Hi All,
Thank you for taking the time to read and respond to this.
As the registered keeper of the vehicle I was sent the PCN for 'no ticket'. I have spoken to the driver and they did buy a ticket and provided me with the attached receipt which had gone through their work shredder but they were able to piece together. This did prove that they paid for parking, they have also extracted the line on their bank statement so I have seen this too. Neither the driver nor myself have any images of the car park signage on Secklow gate so not sure whether it should be Pay and Display which is why I received this letter or even if a parking ticket was given as the receipt displays the vehicle reg (blocked out).
I have attached copies of the letter and parking receipt, although quite dark the pictures of the vehicle were taken in daylight and are very clear on the letter.
Any advice gratefully received.
Many thanks
Seamus
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You have got a private parking ticket so need to get this thread moved to the private tickets form. Click on the text "Report to moderator" bottom-left of your post to request it be moved.
Ok, thanks. Message sent to Moderator.
Notice to Keeper (NtK) is not PoFA compliant [9(2)(a) and 9(2)(e)(i)] so they cannot recover anything from the Keeper, even though they say they are relying on PoFA 9(2)(f) because they have to comply with ALL the requirements of the Act and they clearly haven't.
Additionally, you have the permit that was paid for.
Others will give you the advice on how to appeal and what the likely outcome will be. In short, this will likely go all the way to a court claim where you you will easily win or, more likely, they will eventually discontinue once they realise they are not dealing with low0hanging fruit on the gullible tree.
I have uploaded clearer images of the PCN. Hopefully they are clearer to read. If anyone is able to help me with drafting a response to Ocean that would be gratefully received. This is really frustrating as the driver did purchase a parking ticket which includes the period when the vehicle was photographed.
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Many thanks in advance.
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Do you have (or can you easily acquire) photos of the signage at the site?
Do you have (or can you easily acquire) photos of the signage at the site?
This is typical signage at Secklow Gate car parking and well distributed through Central Milton Keynes parking area.
https://tinyurl.com/4995p2f6Edit: the car park locations are usually four figure codes whereas the location on the notice is shown as E 1.1.
Secklow Gate is a length of road sections with off street parking areas.
Do you have (or can you easily acquire) photos of the signage at the site?
Hi, I have taken pics of the site, please see below.
https://imgur.com/a/4noU0GuI have added brief descriptions below the images.
This is my suspicion - but only my thoughts. I wonder if the first payment machine is for the first row of parking and then the other payment machines are for the remainder of the car park. However there are no signs stating this fact. I would also point out that in image 'Pay Machine 1 Front view' that the parking spaces that you see behind the machine are also classed as E1 where the registered vehicle was parked. There are no signs stating where you should collect your ticket from.
I would also point out that on one of the Ocean signs it states that payment should be made before leaving the car park which seems to contradict the pay and display on arrival
Apologies in advance if the imgur link does not work, if it does great, if not I will work out how to post below.
Many thanks.
You paid at the wrong machine. Part of the car park is council run and the other part is private and run by Ocean Parking. Your ticket shows you paid at the council machine, not the machine for the private car park.
Frustrating as its not really obvious to a 1st time visitor. Is there any value in appealing on grounds of reply #3, or that one of their signs says pay before leaving or that signs don't say which payment machine to use? If not guess I'll reluctantly have to pay 😞
If the signage is inadequate and confusing then that is a valid defence.
If you can show us images indicating the layout of the signage and payment machines etc. We can advise on this.
If you can show us images indicating the layout of the signage and payment machines etc. We can advise on this.
The link below shows a picture of the pay machine that was used a few yards from the tariff signpost. I have attached current pictures of the signs on that same signpost. My suspicion is If you park where the Grey Mitsubishi outlander is parked you cannot use the pay machine in front of your vehicle but signs don't state that.
https://imgur.com/a/g4CRFuWBy doing a google maps search I found out that NCP used to control the car park and when they did they had the following sign up along with painting on the road saying NCP. Which was nice and clear.
https://imgur.com/a/LEsfaRqWhich has now been replaced by the following 2 signs and no road markings.
https://imgur.com/a/JlqKTghAgain, IMO not stating which pay machines should be used.
I have added an image below showing the space where the vehicle was parked, highlighted yellow and I have highlighted the payment machine used. You can also see the entrance to that part of the car park.
Below that is an image of part of the car park showing the signage in place.
https://imgur.com/a/DYtnArUPlease let me know if you need any more images.
Looking at the Ocean sign there is no mention of paying at a machine, only payment by app. Are there payment machines for the Ocean car park or is it app only.?