Free Traffic Legal Advice

Hi everyone,

I (Registered Keeper) got issued another PCN again (FML!) by Park-It, for "no valid parking payment." However, the Driver DID pay, but Driver paid with it with cash and has no proof of ticket as it was thrown away.

RK contacted the private carpark's owner, who said he can see in the CCTV that the Driver can be seen at the payment machine for a few minutes before exiting, but there is no payment registered. The carpark owner said he can "email Park-it on your behalf, as, even though I can't see a payment, that payment was at least attempted." However, in a later email, the carpark owner said "I can't guarantee anything with my email, my advice to you would be to contact the company direct yourself and appeal."

I don't understand - can't the carpark owner, who pays Park-It, be able to cancel the PCN?

How should I proceed with this?

Thank you!

To help us help you, please read this thread, and provide as much of the info it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide

The CCTV presumably shows the driver at the payment machine, please amend your post accordingly.

I don't understand - can't the carpark owner, who pays Park-It, be able to cancel the PCN?

Depends what the terms of the contract he signed with the parking company are.

Please also show us the relevant documents as per my previous reply.

Thanks, have modified my post!

Maybe, but you didn't fix it.

Hi,

I've emailed the carpark owner again to ask if he can cancel my PCN. Meanwhile, while waiting for the outcome, would it make sense to appeal on the grounds that the carpark owner actually has CCTV evidence that the driver WAS at the payment machine? Of course, then Park-it will have to prove that Driver was there but did not make payment.

Thanks so much!

Forget CCTV for any “evidence”. It cannot be used for this as it is not approved and it is not a criminal matter.

Does it need to be approved to be admissible as evidence? It's probably of limited value, but getting a copy of it, if the landowner will share it, might be worth it, to back up the point that the driver did indeed pay, alongside their witness statement stating the same.

None of which we will know unless the OP gets hold of it - so if they'll share it, why not?

Of course, getting the landowner to cancel is always preferable.

What I don't understand is, as the carpark owner, why can't he just cancel it? He's making it sound as if he has no say over the carpark that he owns.

Keep on at him about cancelling it. Some landowners sign absolutely terrible contracts with these parking companies. Some charge them for cancellations, for example.