Free Traffic Legal Advice

Hi forum

I (as registered keeper) have received the below PCN from parkingeye.

The incident - the driver used the ASDA car park for a visit to the nearby hospital to attend an appointment, as it has a certain amount of time free parking. the appointment overran significantly, the driver returned to the car and tried to pay for the parking and the machine said they were over the allowed time and could not make a payment. the driver then left the car.

Am I able to appeal this PCN on the basis they have sent this to the registered keeper and are not aware who the driver was?

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TheNtK does not comply fully with all the requirements of PoFA. However, the point has not been argued at court, even though a district judge agrees with me that should it ever be raised in their court, it should be a valid argument.

It is up to you if you are prepared to fight this all the way to a court hearing, should it ever get that far. Any initial appeal will be rejected and there is a slim chance a moronic POPLA assessor will agree because their understanding of the law is flawed.

The Notice to Keeper (NtK) is not compliant with PoFA 9(2)(e)(i).

So, in order to save some time, are you prepared to fight this all the way?

They will reject your appeal if your appeal is based on b789 believing the ntk is not POFA compliant as will POPLA, will need to go to court to get a decision. On the face of it you are exactly the sort of motorist ASDA are obviously trying to dissuade from using their customer car park.

Options are

1. Accept the driver didn't adhere to the terms of the contract and that you can probably be held liable, pay the invoice.

2. Look for another avenue of legitimate appeal, e.g. frustration of contract (car broke down, medical emergency etc. going to a hospital appointment which over ran doesn't count, would need to have been whilst shopping in Asda or similar). Other potential appeals grounds would be defective, inadequate or missing signage, onus would be on you to prove.

3. Rely on the argument that the ntk may not be fully POFA compliant and hope a judge agrees with you.