3. Britannia Parking PCN from pub car park
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Britannia Parking PCN from pub car park
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Hi,

The registered keeper received this NtK after the driver of the car visited a pub where there was a requirement to enter the registration number into a terminal at the bar. The driver cannot remember if they did so.

The NtK appears to be full of errors (e.g. refers to the Motorist rather than the Driver/Keeper).

Any advice on what to say in an initial appeal to Britannia would be much appreciated please.

Is it worth contacting the pub at the same time as submitting the appeal?

Thanks in advance.
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Re: Britannia Parking PCN from pub car park
« Reply #1 on: »
Also show the back of the notice.

Your first step here is to ask the pub to cancel the notice. It's in their best interest that their paying customers don't get struck with parking charges. Perfect way to lose customers I'd say.
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Re: Britannia Parking PCN from pub car park
« Reply #2 on: »
Don't have the back of the notice available at the moment as the keeper is away from home and only has what a housemate has photographed and sent over. Have requested a copy of the reverse, but I suspect it is identical to the one shown at https://ibb.co/x8dXVCk1.

Have tried ringing the pub but no answer. Will keep trying. Presumably, even if they say they'll get it cancelled, an apeal should still be submitted in case the pub don't actually get round to actioning anything.
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Re: Britannia Parking PCN from pub car park
« Reply #3 on: »
Motorist is a problem.

The keeper is best to visit the pub and speak to the manager.

There is no invitation to the keeper to pay the PPN.
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Re: Britannia Parking PCN from pub car park
« Reply #4 on: »
Agree about visiting the pub, but the keeper doesn't live very near to the pub so won't get a chance to do that for a week or so. In the meantime, I still want to help her get an appeal in to Britannia - especially as I wouldn't trust the pub to actually follow through o cancelling it, whatever they say at the time.
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Re: Britannia Parking PCN from pub car park
« Reply #5 on: »
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Re: Britannia Parking PCN from pub car park
« Reply #6 on: »
Do you have (or can you get) photos of the signage?

I received a PCN from Britannia last year for the same contravention of failing to validate a free stay.

I managed to win at POPLA on the basis that the signage didn't state that failing to validate a free stay would incur a parking charge. It was a different pub, but I wouldn't be surprised if they use boilerplate language on their signs.
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Re: Britannia Parking PCN from pub car park
« Reply #7 on: »
The keeper went to the pub car park this morning and took photos of the signage which can be seen at:
https://drive.google.com/drive/folders/1cTmVS_pxdzX2Ns02EzC2MAH9Mt3fkVGB?usp=sharing

Although the signs say that customers have to pay upfront and get a refund at the bar, the usual procedure is for customers to simply enter their reg into a terminal at the bar which is intended to be for staff only. As noted earlier, it appears the driver may have forgotten to do that on this occasion.

On the plus side, whilst the keeper was taking these photos today, a member of staff from the pub came out and said that this (issuing of unwarranted PCNs) happens a lot and that if the keeper emails the details to the pub they will get it cancelled.

To be on the safe side, though, I'd still like to help her submit an appeal to Britannia - so any advice on what to say would be much appreciated, please, as the deadline is only a couple of days away.

Thanks!
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Re: Britannia Parking PCN from pub car park
« Reply #8 on: »
They should email the pub immediately then, and leave it until the very last minute to appeal, just in case they have some daft clause in their contract with Britannia.

I'd keep any initial appeal simple. Draft something up (as the keeper) saying that it is disputed that the alleged contravention occurred. This just maintains their position.
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Re: Britannia Parking PCN from pub car park
« Reply #9 on: »
I was planning to simply copy the Britannia appeal found here:
https://www.ftla.uk/private-parking-tickets/britannia-parking-ntk-for-not-entering-car-reg-in-pub-the-fleece-carpark-penwort/msg103607/#msg103607
(but minus the final paragraph about them having no hope at POPLA).

Will that do the job?

Copied and pasted from the above thread for convenience:

"I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Britannia has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable.

I would also add that you have breached your own code of practice, the PPSCoP, in that Under Annex F - Apeals charter, (F.3.g) it stipulates that under the circumstances you cite for raising the 'parking charge', you MUST discount the charge to £20. You did not do that.

Britannia have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN."
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