Parking ticket - InterContinental London - The O2

Hi, we attended a wedding on the weekend, and parked in this car park (InterContinental London - The O2). There was very limited parking however, we parked in a place where we did no obstruct anything, not on the grass, and there were no signs to say we could not park here.

We also had family members park in the loading bay area which states 'people can only park here for 30 minutes.' When we came out of the venue, we were issued a parking ticket for saying we parked on the side walk, yet people who parked in the loading bay had no ticket. We paid for parking which was around £30 and the fine is £60 or £100 if we appeal. I can upload a picture of where our car was parked later and our ticket. Please would you be able to advise. Thanks so much.

Please follow the protocol of uploading your PCN and signs of where the incident has taken place in order for the appropriate response.

Hi, please see the images uploaded.
This includes:
- The parking charge
- my vehicle parked (not by the loading bay sign or any signs, the blue car)
- a sign of the loading bay where other cars parked by had no tickets (they had parked there before us and were there after us)
- police car also parked near to us
-another car parked near to us who had a fine but there are no signs of signage

https://ibb.co/Zz00Qfw6
https://ibb.co/chx9qBqt
https://ibb.co/1J8Rp46z
https://ibb.co/SXJDwxPn
https://ibb.co/TxqX28sZ
https://ibb.co/DH4z1Ykf

https://www.google.com/maps/place/InterContinental+London+-+the+O2+by+IHG/@51.5029634,-0.0007474,3a,75y,8.25h,81.72t/data=!3m7!1e1!3m5!1sNK3bCejVsKIBJUKKItYdzw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D8.28294143597138%26panoid%3DNK3bCejVsKIBJUKKItYdzw%26yaw%3D8.246624062950744!7i13312!8i6656!4m10!3m9!1s0x487602a786d042e1:0xe75c7debf7b59834!5m2!4m1!1i2!8m2!3d51.5030175!4d-0.0001832!10e5!16s%2Fg%2F11bxfj0ct4?entry=ttu&g_ep=EgoyMDI2MDcyNi4wIKXMDSoASAFQAw%3D%3D - also the link to google maps. it is a little outdated, however similar to google maps and where we parked our blue car, there were no signs

Note that from https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

so I would wait for a Notice to Keeper to be sent, which also has the requirements

8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);

(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—

(i)specified in the notice to keeper, and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) 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.

If the driver is not identified, it should be possible to appeal the NtK in due course as being non-compliant with the legislation to transfer the liability from the unknown driver to the registered keeper.

There may be multiple failures but there's clearly no "period of parking" on the Notice to Driver you have posted. This alone makes it invalid under PoFA 2012 and the liability can not be transferred to the registered keeper in due course. Clearly when you appeal you would state something along the lines of "I was handed the Notice to Driver which was placed on the car at the time".

It would be easiest if you are the car's registered keeper and its V5C is up to date. If otherwise, please advise us. And please ensure that you do not identify the driver, as advised in https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

Just to confirm - hold fire and do nothing? and not appeal this? Wait for a notice keeper to be sent?

My husband is the registered keeper and its V5C is up to date

"I was handed the Notice to Driver which was placed on the car at the time." - this is what i need to say if we appeal this?

No.
Wait until you receive the Notice to Keeper, and post it here, and we will help you appeal.
Do not appeal the Notice to Driver.
When you appeal the NtK, your husband does so as the registered keeper and does not identify the driver, in other words do not say anything that identifies the driver. He will say that the NtD does not comply (and, quite possibly, nor does the NtK) so he can not be liable and the driver will not be identified. All I’m saying is that he shouldn’t shoot himself in the foot by saying that he was the driver when the NtD was attached to the car.

In the meantime read the legislation and the forum guide to better understand things so you're ready when the NtK arrives.

Amazing thanks so much - I will keep you posted for when it arrives

Hi I received the Notice to keeper letter today - please would you be able to advise

https://ibb.co/spWFQxQJ
https://ibb.co/4ZWWfQ7D

Does it comply with the legislation I quoted in Reply #3?

In the meantime read the legislation and the forum guide to better understand things so you're ready when the NtK arrives.

In my opinion the notice does not meet the POFA requirements.

In the first instance they reference Schedule 4 Paragraph 9 when they should be referencing paragraph 8.

Secondly, the notice does not meet the requirements of 8(2)(b) - the issued notice states, "you are required to pay the unpaid parking charges" - the legislation specifies that the notice must, "inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full" - the issued notice specifies that the keeper (rather than the driver) must pay the charges and, additionally, the notice never states that the parking charges have not been paid in full.

Thirdly, the notice does not contain the information required by 8(2)(c).

Fourthly, it looks like they have just issued a generic NtK (rather than an NtK which follows a NtD) and therefore the issued NtK appears (at face value) to have been issued 'out of time' for keeper liability.

The notice is not therefore compliant.


At this stage I would send a very simple 'tactical' appeal along the lines of the following;


Parking Charge No -


Dear sirs,

Please consider that this is my appeal against the above PCN.

I write purely as the vehicle keeper - the driver is not known to you.

Your Notice to Keeper was not issued within 14 days of the alleged incident and, as such, you cannot transfer liability from the unknown driver onto the keeper.

You therefore have two choices;

1. Save further time, money and resources and cancel the PCN

Or

2. Reject the appeal, waste further resources and provide me with a POPLA code for a slam-dunk appeal.


I am sorry that I cannot help you further.


Best wishes,

xxxxxx xxxxxxxx.

Nor 8(2)(a) either, unsurprisingly because the original NtD failed to include a mandatory “period of parking”, but I agree that by referring to paragraph 9 all the time they have completely failed to understand and comply with the legislation.
A simple response as above makes sense to me also.