Author Topic: Private PCN - Hospital Car Park  (Read 40 times)

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Private PCN - Hospital Car Park
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Hi all,
Apologies in advance if I make any mistake/s.

Looking for some advice please.
I am the registered keeper of the vehicle and received a PCN.

Driver of the vehicle is a health care professional and works at the hospital.
Parked in staff car park and displayed permit.

Issue reason: "Parking outside the markings of a bay".
Vehicle was parked in a yellow box that no longer serves a purpose. The staff car park used to be much bigger and the yellow box was the entrance for the cars. Majority of the car park is now used for sustainable heating , leaving only 1 row for cars to park. Many people have been using the yellow box to park their cars. 

PCN attached as a file.
Hospital unable/will not cancel PCN.

The PCN (not so) shockingly does not comply with PoFA 2012. And so I appealed stating the following which I was advised to do last time:

"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 Driver (NtD) 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. Park Control24 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 NtD can only hold the driver liable. PC24 would face insurmountable difficulty should you be reckless enough to litigate. So, you are urged to save us both a complete waste of time and cancel the PCN."

They have responded stating the appeal is rejected (screenshot attached along with PCN).
I would greatly appreciate your advice, especially if I made a mistake, always happy to learn.
Thanks in advanced.


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Re: Private PCN - Hospital Car Park
« Reply #1 on: »
In what way does this not comply with PoFA 2012?

I’m not saying it does, but you need to explain why not if you take this further.

Re: Private PCN - Hospital Car Park
« Reply #2 on: »
Yes, so my understanding is that the notice lacks the following, but please do correct me if I am wrong: 
1. No clear “period of parking”

PoFA requires the notice to: “specify the period of parking”

This ticket shows: “First Observed” and “Issue Date”. But it does not appear to specify an actual “period parked”. A single timestamp does not satisfy PoFA Schedule 4 para 7(2)(a) requires the notice to specify “the period of parking to which the notice relates”

2. Missing explicit PoFA keeper liability wording

A compliant process eventually requires mandatory wording warning the keeper about liability transfer if unpaid. The notice says “the driver is liable”. But does not clearly contain the prescribed statutory wording associated with Schedule 4.

3. The creditor is not clearly identified
PoFA requires the notice to identify the creditor entitled to recover the charge.
The notice mentions ParkControl24 in places, but it does not explicitly state that they are “the creditor”. This omission is a common PoFA failure.


Re: Private PCN - Hospital Car Park
« Reply #3 on: »
This is a Notice to Driver, isn’t it? Attached to the car at the time?

Then paragraphs 6, 7 & 8 from
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk
apply, and you have to wait for the Notice to Keeper in due course to get into arguments like these.