Free Traffic Legal Advice

Hi All, received this notice on 8th June. The driver had taken a relative to an emergency  appointment with a psychologist at the Mental Health Crisis Centre in Regis Rd. They also attended the meeting. Parking was paid for on the JustPark app from 10.13 to 10.58, unfortunately (due to the nature of the meeting) they didn't realise the parking had expired, but as soon as they did they paid for a further period of parking from 11.13 to 11.50. The Parking charge was issued at 11.10. Is there anything wrong with the NTK? Do you think there's any point at all in appealing on the grounds that due to it being a serious mental health crisis it was a genuine mistake in not extending the parking on time. As can be seen in the JustPark app the driver was parking every/every other day whilst attending the Mental Health Crisis Centre with the relative. Or should it just be paid as reduced rate expires tomorrow. Any help or advice really appreciated. Thanks.


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Does it matter that they say 'if after 29 days beginning on the day after this parking charge is given' instead of 28 days as stated in PoFA?

And re: the period of parking, they do have images covering a period from 11.04 to 11.11 so would that nullify that point anyway?

Anything? Have to pay today or appeal. Thanks.

There are several points of non PoFA compliance.

Make a simple appeal to the operator pointing these out.

They'll reject the appeal but this one has a decent chance at POPLA.

Quick question; what time did you actually leave the site? Meaning; did the total parking purchased (over the two periods purchased) cover the total period you were parked?

Is this ok as they're going to reject it anyway?

I am appealing this charge as the registered keeper as your notice is non compliant with PoFA 2012.

Schedule 4 paragraph 9(1) states: A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) 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.

There is no period of parking given. A single timestamp is not sufficient.

Schedule 4 Paragraph 9(2)(f) of PoFA requires that, amongst other things, the NTK warn the keeper that the parking operator is required to comply with all aspects of schedule 4 in order to rely on it. 

Schedule 4 Paragraph 9(2)(f) of PoFA requires that the notice must state that 'the creditor will, if all applicable conditions under this Schedule are met, have the right to recover from the keeper so much of that amount that remains unpaid'.


The NTK does not fully comply with all the requirements of PoFA 2012. Partial or even substantial compliance is not sufficient, therefore PPS are unable to hold the keeper of the vehicle liable for the charge.

Ok thanks, will send today.

I would fight this at POPLA purely on the grounds on non-POFA compliance.

I can come up with something but as all POPLA appeals, the outcome is not predictable.

We can however say that there is a 99% likelihood of this never seeing the inside of a court room.

Give me 48 hours.

I would fight this at POPLA purely on the grounds on non-POFA compliance.

I can come up with something but as all POPLA appeals, the outcome is not predictable.

We can however say that there is a 99% likelihood of this never seeing the inside of a court room.

Give me 48 hours.

Apologies for chasing you up, but have you had a chance to come up with anything yet as i have to pay the reduced rate by tomorrow if i'm not going to POPLA.
Much appreciated, thanks.