Free Traffic Legal Advice

We could do with seeing the actual signs near the spot where the vehicle was parked. If it was a disabled bay, the signs are particularly important and must be readable by someone from within the vehicle whilst parked.

A bit of an update, better quality photos of signage seems to be a no go, I can`t ask the driver to keep going back there   they tried but quality still bad.( Technology not their strong point). But on the other hand they did find the Centre manager and office etc... The Centre manager said they would have to appeal through the Ocean Parking website stating what had happened etc.  the Centre manager printed off the contact details of where to send the emails etc, and said that if there where any problems to contact them, Them gave the driver a bussiness card with details of Centre manager.

So is this just a fob off from centre manager?? or should I mention there name in the appeal letter to Ocean Parking, stating if they have and questions to contact centre manager directly. Centre manager said to send photos of BB also.

Seems they can`t or won`t cancel by them selves. But then again the driver did not bring the PCN letter to Centre manager, so how would they know whats what.

So do I appeal stating whats has happened plus meeeting with centre manager?

So this is being sent to Centre manager? And NOT ocean parking? Im just wondering if the driver had brought the PCN with them, the centre manager could have delt with it there and then.?

If you are also drafting an appeal to Ocean, show us before submitting anything. Any such appeal should focus solely on the matter at hand, don't bother making mention of any conversations with the centre management etc.

For an appeal to Ocean, this bit does not make sense:

I kindly ask that you intervene and request Ocean Parking to cancel this PCN immediately. The situation has caused unnecessary distress, particularly to an elderly, disabled shopper, and I am confident that Harpurhey Shopping Centre values its customers and will ensure that this unjust charge is rescinded.

Here is a suggested appeal that takes into account the possibility of a double-dip and notification of the blue badge status of the driver:

Formal Appeal - Notice to Keeper [PCN Reference Number]

Dear Ocean Parking,

I am writing to formally appeal the Parking Charge Notice (PCN) referenced above as the registered keeper of the vehicle. I was not the driver at the time in question, and I have no legal obligation to identify the driver, as per the Protection of Freedoms Act 2012.

The driver on the day is an elderly disabled person who holds a blue badge, a copy of which is (Attachment Link) . They live only a few minutes from Harpurhey Shopping Centre and cannot accurately recall whether they stayed at the location for the alleged duration or left and returned later, raising the possibility of a 'double dip' error where two separate visits have been combined by your ANPR system.

Furthermore, as your system relies on entry/exit ANPR, please note that the evidence of the driver's blue badge now confirms you are aware of their disability. Under the Equality Act 2010, reasonable adjustments must be made for disabled individuals, including allowing additional time. Therefore, any decision to pursue this PCN despite this knowledge would constitute discrimination against a person with a disability.

In light of these factors, I request that you cancel this PCN immediately. If this request is denied, I expect a full investigation into the possibility of a 'double dip' error and request that you provide all evidence, including checks for unassigned ANPR orphan-images of any additional exits or entries.

Should you choose to pursue this charge, I will escalate the matter to the appropriate authorities and submit a formal complaint to the DVLA, raising concerns about the reasonable cause for requesting the keeper's data without sufficient grounds.

I look forward to your confirmation that the PCN has been cancelled.

Yours faithfully,

[Your Full Name]
Registered Keeper

Why on earth would the driver have to have "receipts" for each visit? Do you not think that it is beyond the realm of possibility that no purchases were made or that only a purchase was made on one of multiple visits?

It is irrelevant. There is no obligation on anyone to make a purchase when out visiting a shopping centre. What a ridiculous line of thought.

In this case, the driver either overstayed by 22 minutes but should be allowed extra time in order not to discriminate or else the PPC haven't done their job and there are some orphan ANPR images floating around.

The Harpurhey management are pathetic if they are simply trying to fob off the request. They should be reminded that they are jointly and severally liable for the actions of their agent if this leads to a claim for discrimination.

The signs say clearly 'Customer Only Car Park' and elaborates with 'You must remain on site at all times your vehicle remains in this car park'.

So perhaps having receipts for the visit(s) isn't so ridiculous.

What has that got to do with the price of eggs in China? The PCN is nothing to do with whether the driver was a customer or not.

The term "Customer Parking Only" is ambiguous, and its interpretation will vary depending on the context and the intentions of Haruphey Shopping Centre or Ocean parking. Simply visiting the shopping centre, whether for window shopping, meeting someone, or buying coffee, should qualify someone as a "customer" because they are utilising the facilities provided by the shopping centre. Even if no purchase is made, the visitor is still engaging with the premises, which could reasonably be argued to meet the "customer" requirement.

However, if some operators or shopping centres want to adopt a stricter interpretation, expecting visitors to be actual paying customers of one of the outlets, this should be enforced through terms on parking signage or receipts required to validate free or permitted parking.

If no specific definitions are provided by the signage (such as requiring proof of purchase or validation), a broad interpretation like window shopping or meeting someone for coffee would suffice. As the parking is enforced/managed by Ocean Parking, they need to be explicit if they intend to limit "customer" to paying customers only. Without that clarity, you could argue that any visitor is a customer under common-sense use of the term.

It would get even more ridiculous if, let's say, the driver remained in the vehicle but a passenger sent into the shopping centre. Would the driver have breached the terms of the contract?

Any appeal against a PCN on these grounds, it would be useful to emphasise that the signage was unclear and that the driver was indeed utilising the shopping centre's services, even if it was not through a direct purchase.