Free Traffic Legal Advice

READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, 

https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

post up the pcn

first port if call is the Waitrose Manager.
The driver was a genuine customer (provide proof) and shouldn't be penalised for shopping there and to instruct the parking company to cancel the pcn.

Ok , i thought before the keeper was not obliged to disclose the driver but  a change in law meant  if the keeper does not disclose the driver the invoice is against the  drivers name   ?

Apologies initially I said the parking was for three hours was actually two hours

Link below has the PCN and photos of the  signs,. Driver will later also add photo of the terms and conditions sign

Is there any basis on which an appeal can be made ?

https://www.dropbox.com/scl/fo/i0m8v6gaylmd9mjmxnafa/AGzwT2ufZgBKK0HMCS3rtIc?rlkey=u5tkhrcx5w2t1cmi9vdtdtbvv&st=4h4m3r4m&dl=0

There is a minimum 10 minute grace period in the code of practice so in this case the max parking is 2hrs 10mins, you were in the car park 2hrs 12 mins so exceeded the grace period by 2 min which is why the PCN was issued. At the time you parked the private parking company only knew you had breached the terms of the signage, they will not know whether you were a genuine customer or whether there were any other extenuating circumstances mitigating the breach.

To elaborate on b789s point the PCN was issued 16 days after the event so is not compliant with the requirements of POFA so they can't hold the keeper liable only the driver, and they don't know who the driver is unless you tell them. There is no obligation to tell them who the driver is so don't.

That's the easiest appeal route (being a genuine customer isn't automatic grounds for an appeal being accepted, thats down to how the land owner wants the rules enforcing).

My appeal result has come back

Is this a long winded response basically saying they are not going to charge  me ?

"Site: South Woodford - Waitrose
Issue date: 08/01/2025
Thank you for your appeal received on 22/01/2025 regarding the above Parking Charge.
We have considered your appeal and comments you have made; in conjunction with any evidence you have provided and the photographs we have on record.
This Parking Charge is not POFA compliant, however, payment can still be sought under the old  ‘implied-contract-with-the-driver’ rules used prior to POFA.
Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you
inform us of the driver’s details, we will pursue them for the Parking Charge. Please be aware that the identity of the driver does not affect the validity of a Parking Charge.
In addition, should this Parking Charge reach court proceedings, we will put in a request to the judge that the insurance certificate for the vehicle to reviewed as evidence, to determine who was
able to drive the vehicle at the time of the contravention.

It is not a requirement that we must notify you of your Parking Charge within 14 days. This only applies if we refer to the Keeper Liability provisions in Schedule 4 of POFA 2012 when we issue a Parking Charge. As we did not, we have 6 months in which we may notify you of the Parking Charge.

The Parking Charge Notice was issued to your vehicle because you over stayed the maximum time permitted for parking at this car park. The store operates as a 120 minutes maximum stay car park.
Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operators Scheme, Code of Practice at all times. We meet all signage requirements under the BPA's Code of Practice regarding signage and notifying the driver of the terms and
conditions.

British Parking Association Code of Practice - Consideration and Grace Periods
Where a parking location is one where a limited period of parking is permitted (Max stay), or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be
added to the end of a parking event before a Parking Charge can be issued.
Neither a consideration period or a grace period are periods of free parking and there is no requirement for Britannia Parking to offer an additional allowance on top of a consideration or grace period.
We give motorist a 10 minute grace period at the end of parking event to leave the car park before a Parking Charge is issued, which is within the BPA guidelines.
After 120 minutes of parking, your 10 minute grace will commence, if the driver has not left the car park by the time the 10 minute grace period has been reached, a Parking Charge will be issued for
breaching the terms and conditions of the car park.
Therefore, we consider the Parking Charge to be valid and correctly issued.
Having considered the content of your letter and our internal review, as this is your first Parking Charge appeal, we are prepared to cancel the notice; with the understanding that you will not continue to breach the terms and conditions; as you are now aware of the maximum stay time
permitted for this car park.

Yours sincerely,
Appeals Department
Britannia Parking "

It is also a prime example how intellectually malnourished they are.

This Parking Charge is not POFA compliant, however, payment can still be sought under the old  ‘implied-contract-with-the-driver’ rules used prior to POFA.

The argument would be laughed out of court. Plenty of persuasive case law to get them spanked if they were to try that one.

In addition, should this Parking Charge reach court proceedings, we will put in a request to the judge that the insurance certificate for the vehicle to reviewed as evidence, to determine who was able to drive the vehicle at the time of the contravention.

Hilarious. My own car insurance allows me to drive any other vehicle with the owners permission because of the third party cover. I suspect that there are literally millions of motorists in the UK who have these on their comprehensive policy which means that any one a millions of unnamed drivers are eligible to drive any vehicle.

Utter incompetents at Britannia.