Author Topic: PSGL car park- driver is unauthorised parking at their own flat  (Read 888 times)

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Re: PSGL car park- driver is unauthorised parking at their own flat
« Reply #15 on: »
specifically: is a letter from NSGL not compliant with schedule 4 of PoFA if it does CLAIM a period of parking and specifiy on the letter, but there is no photographic evidence to back it up?
(the online portal shows evidence pictures only of the car for 50s stationary)

(see screenshot below)


Can i still mention schedule 4 in my defesne letter...

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Re: PSGL car park- driver is unauthorised parking at their own flat
« Reply #16 on: »
b) could you expand on this: "It is up to you if or how you want to fight this." i will need to fight it for a few weeks if there is a chance they are not following PoFa properly, I will try and have every letter overturned. until i can move the car away after the family health emergency i am dealing with.
I'm not sure what you mean here - how many 'live' PCNs are there currently? Further, are you saying that the car is still parked there now without a permit, and potentially incurring further charges?

The requirement under PoFA is to specify the period of parking. There is no requirement under PoFA to provide any photographic evidence to back this up in the actual notice. However, you could put them to proof to provide evidence that the vehicle was parked in contravention during the period of parking alleged - photos taken just 50s apart with no other evidence would not in my view substantiate the alleged period of parking.

Re: PSGL car park- driver is unauthorised parking at their own flat
« Reply #17 on: »
There's 2 live PCNs but as i mentioned before, they are threatening to send one each day. (they havent so far). But i cannot move the car for a couple weeks. Yes the car is parked here still.

That seems crazy that the NtK isn't required to provide any actual evidence at all?! They could just make a claim to absolutely any parked car otherwise? There is no photo from ANPR attached to the letter. So it is literally a baseless claimed parking period?


So, is your advice to word the appeal letter- saying "if you cannot prove the period of alleged parking, please cancel this"?

(even though POFA doesnt require evidence?)

Re: PSGL car park- driver is unauthorised parking at their own flat
« Reply #18 on: »
That seems crazy that the NtK isn't required to provide any actual evidence at all?! They could just make a claim to absolutely any parked car otherwise?
The fact that no corroboratory evidence is required on the notice to keeper doesn't mean that no evidence is required to succeed with a claim. They'd be unlikely to get far in court without some evidence.

Are the only 2 photos available even online etc. the ones taken 50s apart? If so, I'd appeal as the keeper on the basis that there is no evidence to support that the vehicle was parked for longer than the relevant consideration period.