Free Traffic Legal Advice

Is there an entrance sign to the location warning drivers that it is private land and that parking is controlled and that terms and conditions apply?

Can you get photos of the sign without using flash as the operator has done in their evidential photos? It would appear that their signs could not form a contract if they are unlit or high up on the wall at the time of night.

The NtK does appear to be PoFA compliant except for the "period of parking" which is not stated, even though their evidential photos show the vehicle in situ for 8 minutes and 30 seconds. The NtK is required to state the "period of parking and not simply a moment in time. Brennan v Premier Parking Solutions (2023) applies.

If you're only interested in the "mugs discount" I won't be wasting any more of my time. You either believe that the PCN has been issued unfairly and you are prepared to fight it with our assistance or save us the waste of time if you are only interested in being scammed into paying a speculative invoice because it offers a 40% "mugs discount".

The discount period expired 14 days after the NtK was issued, two days ago on Valentines day.

The mugs discount period is 14 days from the date the PCN is issued. The appeal and debt recovery deadlines are 28 days from the deemed date of receipt which is normally 2 working days after the issue date.

The NtK shown is compliant with regards to PoFA 9(4)(b).

If there is doubt that the PoFA deadline was compliant such that the actual date of posting (the date the notice was physically entered into the postal system) is disputed, the operator is obliged to evidence a proof of posting certificate or other acceptable evidence from a mail consolidator of the actual date.

Simply proving that the notice was generated on a particular date is not enough. Also, a certificate of posting through a hybrid mail system is not proof of the date the notice entered the postal system.

The PPSCoP states that the discount period is from the issue date of the PCN. If the operator wants to extend that to 14 days from the date the notice is "given", that is their prerogative. It cannot be any less than 14 days from the issue date.

The PPSCoP states in section 8.1.2(e) Note 2: "A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose, “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. Therefore, parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system.)" (My emphasis)

So, the operator is required under the PPSCoP to retain an evidential record of the date the notice was physically put into the postal system. Whilst most will not have this evidence and instead try to rely on a "certificate of posting" generated by their own internal system that links to the third-party Mail Consolidator which will only show the date and time that the notice was sent through hybrid mail system to the consolidator. It is not a "proof of posting certificate" or evidence of any sort tat is acceptable.

It would be even better if you could get photos of the signs after dark, without any flash or headlights illuminating them. Also, they need to appear as you would see them from several feet away.

The point is to show that the signs are not prominent at the time that the alleged contravention took place. There is a requirement for the signs to "adequately" bring the charge to the notice of the driver. If it was dark and the signs are unlit, how does the sign "adequately" bring the charge to the notice of the driver?

This is a more up to date GSV. He was parked by the railings. There is a new sign on the left hand wall. None on the railings.

Another GSV

We're not going to get the same conditions for the time the PCN was issued. It was raining/drizzling as can be seen on their evidence photos.

Are we aiming for 'balance of probability' in front of a judge?

Is either the date of posting or parking duration a clincher?

Or in short, what is the strategy for this one?