Author Topic: Parking & Property Management LTD - PCN issued - overstay - Arthur Road Windsor  (Read 348 times)

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On Friday 13/06 our office has received a private land Parking Charge Notice for one of our cars (I run a micro business) from Parking & Property Management LTD.

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The contravention took place on the 11/06 (Wednesday) at Cooperative car park on Arthur Road Windsor.

The parking there is an occasional space where we sometimes park when we have to deliver office materials and supplies (and get lunch) to nearby office. This time it took longer than expected. But, we weren't even aware of the 1 hour limit there. I can see some tiny small prints on the building itself but there was no prominent information that there are specific limitations (it seems it was moved into private management at some point over the last couple of years as before that there were no signs 'private parking', etc.).

I will add photos of the car park notices later today, but looking through the NtK, I can see that they have not identified the make and model of the car, which I believe are required.

Is there anything obvious to your expert eyes, which could form a good reason to respond to the this PCN?

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Is the car leased? There is no statutory requirement under the Protection of Freedoms Act 2012 (PoFA) for a Notice to Keeper (NtK) to include the make and model of the vehicle.

The relevant mandatory details are found in Paragraph 9(2) (for postal NtKs), and include:

(a) the vehicle registration mark (VRM),
(b) the date and time of the alleged contravention,
(c) the period of parking (not just timestamps),
(d) the location,
(e) a statement inviting the keeper to pay the unpaid parking charge or, if not the driver, to name the driver,
(f) the warning that the keeper will be liable if after 28 days no payment or driver details are provided,
(g)-(i) details about the parking charge, appeal rights, and operator identity.

Nowhere in PoFA Schedule 4 is the make or model of the vehicle mentioned as a mandatory inclusion.

While not required, including the make and model can support accurate vehicle identification and reduce errors (especially in misreads or cloning cases). If there is a dispute about misidentification or incorrect ANPR matches, the absence of make/model may become relevant evidentially, but not procedurally.

Without seeing the signage, it is difficult to say whether the driver is bang to rights. If you want to fight it, this will go all the way to litigation but is unlikely to actually get as far as a hearing as it would be more likely to be struck out or discontinued, depending on which bulk litigator they use to file a claim.

No initial appeal or subsequent IAS appeal is likely to succeed. That doesn't mean you don't try, even if only to use irritation to the operator who is obliged to respond.

The NtK is basically PoFA compliant, so they can transfer liability from the unknown driver to the known Keeper. So, do you want to fight this?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

The car is owned outright by the Company. I will check the signs this evening and post them here. I've always challenged the private parking management companies in the past, so no problem with challenging the PCN.

Let me capture the signs first.
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And promised T&C's of the private parking in Windsor.

Entry sign

Arthur Road is on the left. Right lane is the aforementioned parking.

Bay sign


On a wall:



So, you now need to refer to the IPC CoP v9 and see if those signs conform to the requirements in section 8 Schedule 1.

If you are going to challenge this, unless it goes to a court claim, which is likely, then you have to have a suitable defence that you can rely on, besides the technical arguments we provide with the template, just in case this does go all the way to a hearing. In most cases, it never get's that far and depending on which bus litigator they use, usually ends up being struck out or discontinued.

In this, if it does go as far as a hearing, subject to the Particulars of Claim (PoC) when they arrive, the Keeper may be bang to rights on this one. But you never know...
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you. Do you know where I can find v8 of the IPC Code as the entrance signs were installed prior to 2024 from what I can see. If the V9 would apply then the existing signs would not be compatible.

Additional to the entrance sign potential issues. I have found this as well:
'Signs Displaying Terms and Conditions
The Operator must adequately display any signs intended to form the basis of contract between the Creditor and the Motorist.

Such signs must (in addition to the requirements above):
...
c. identify yourself as ‘the Creditor’;'
« Last Edit: June 18, 2025, 06:28:10 pm by forwiser_uk »

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