Free Traffic Legal Advice

Hi all

First time I've needed some advice on a parking issue. I did a search and a related query for this car park came up, but I'm not sure if the circumstances are similar enough for me to be using that advice.

The driver parked in Willen Lake car park, arrived at 5:56PM, bought parking with the app once the family fully disembarked at 6.04PM for 1 hour (to expire at 7:04PM), and left the car park at 7:16PM.

Essentially, they were in the car park for 8 minutes before they bought the parking, and 12 minutes after their parking finished. They visited with family (including 2 small children, with 1 child under 12 months old, with one needing to use the toilet before leaving, and the other needing their nappy changed). Getting to the car, then getting everybody into the car and leaving after 12 minutes of the parking expiring isn't a ridiculous amount of time, if I'm honest. The driver was waiting in the car for around 5 minutes before the remaining family members arrived and sat in the car.

I want to appeal this, but am unsure what the appeal grounds should be.



NOTICE TO KEEPER IMAGES LINK

Any help appreciated. Thank you!

What date did you receive it?

I believe last week on Thursday (4 September).

Whether you think the amount of time taken to get in and out of the car was reasonable is irrelevant and not grounds for appeal. The joint code of practice says you must have at least a 10 minute grace period, your unpaid parking time is well outside of that. If there are any technical grounds for appeal they are extremely unlikely to get the PCN cancelled by SMART on appeal or IAS.

If you intend to fight this expect to receive lots of debt collectors letters and probably the startof court proceedings.

Whether you think the amount of time taken to get in and out of the car was reasonable is irrelevant and not grounds for appeal. The joint code of practice says you must have at least a 10 minute grace period, your unpaid parking time is well outside of that. If there are any technical grounds for appeal they are extremely unlikely to get the PCN cancelled by SMART on appeal or IAS.

If you intend to fight this expect to receive lots of debt collectors letters and probably the startof court proceedings.

Ok thanks. I have appealed using the following technical grounds:

1. Failure to Specify a Period of Parking (Para 9(2)(a) PoFA):
The NTK only states entry and exit times recorded by ANPR cameras. These do not represent the statutory “period of parking” as required under PoFA. Driving in and out of a site is not parking, and therefore the NTK is non-compliant.

2. Defective PoFA Warning (Para 9(2)(f)):
The NTK does not contain the mandatory keeper liability warning in the prescribed form. The wording used materially departs from the statutory requirements and is therefore invalid for the purpose of transferring liability from the driver to the keeper.

This should hopefully be enough to get the PCN cancelled. I will take it further, if not.

What are the chances of this going to the county court?

Point 1 about them not giving actual parking times (which they can't if it's entry/exit ANPR) seems to be a clear decider in our favour?

Hi all

Received the attached appeal rejection. I guess I have to appeal to the IAS now.

PCN document

Kind regards

Theelite16