Free Traffic Legal Advice

The Situation:
  •  The driver entered the car park, parked, and went about their business.
  •  This is a maximum stay car park (90 minutes), monitored by ANPR cameras.
  •  The total time on site (from ANPR entry to exit) was 131 minutes, resulting in a PCN issued to Keeper for an overstay of 41 minutes.

Next Steps & Advice Needed:
  •  Should the keeper ignore the charge? How likely is UKPA to escalate to a County Court claim?
  •  Is it best to appeal the charge using one of the templates I have seen on other threads?

I have attached redacted copy of the PCN

[Front page]

[Back page]

Apologies, I have amended the original post to now include the back page

I am flying off to Australia for 2 month secondment later today so wanted to get my initial appeal off, or would I be best off just ignoring the PCN? Will this suffice for an initial appeal?

Dear Sir or Madam,

Re: Parking Charge Notice [INSERT PCN REFERENCE NUMBER]
Vehicle Registration: [INSERT VEHICLE REGISTRATION]

I am writing to you as the registered keeper of the above vehicle to formally appeal the Parking Charge Notice referenced above.

As the registered keeper, I am under no legal obligation to identify the driver, and I will not be doing so.

In order to hold a registered keeper liable for a parking charge, you must fully comply with the strict requirements set out in Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). If you are seeking to rely on keeper liability, you must demonstrate that all conditions of PoFA have been met. If you are unable to do so, then liability cannot be transferred to me as keeper.

If you contend that you have complied with PoFA, please provide full evidence of such compliance.

In the absence of full compliance with PoFA, I expect this Parking Charge Notice to be cancelled.

Should you reject this appeal, please provide:

A detailed explanation of your reasons for rejection
All evidence you intend to rely upon
A valid POPLA verification code (or IAS code, if applicable), so that I may escalate this matter to independent adjudication

Please note that I do not consent to the processing of my personal data beyond what is strictly necessary to resolve this appeal.

I look forward to your confirmation that this charge has been cancelled.

Yours faithfully,
[YOUR NAME]
Registered Keeper

In what way is the notice not compliant with PoFA 2012, or are you just using something you found?
Anyway, remove IAS because it’ll be POPLA and in any case the IAS doesn’t use a code.
If you subsequently appeal to POPLA, what will you say, other than that you overstayed and don’t want to pay? Are the signs unclear? Were you prevented from leaving on time?

See https://www.ftla.uk/private-parking-tickets/ukpa-pcn-colonndes-overstay/

Para 3.4 of the Code of Practice requires them to have prominent signage at the entrance notifying the changes to terms.  If you can get some pictures of the lack of signage, then you've got good grounds of appeal.  The invitation for the keeper to pay or nominate the driver is also missing.  Make sure you don't identify the driver inadvertently during the appeal.  UKPA will probably reject, but you might have more luck at POPLA.

In what way is the notice not compliant with PoFA 2012, or are you just using something you found?
Anyway, remove IAS because it’ll be POPLA and in any case the IAS doesn’t use a code.
If you subsequently appeal to POPLA, what will you say, other than that you overstayed and don’t want to pay? Are the signs unclear? Were you prevented from leaving on time?

See https://www.ftla.uk/private-parking-tickets/ukpa-pcn-colonndes-overstay/

Quote

Para 3.4 of the Code of Practice requires them to have prominent signage at the entrance notifying the changes to terms.  If you can get some pictures of the lack of signage, then you've got good grounds of appeal.  The invitation for the keeper to pay or nominate the driver is also missing.  Make sure you don't identify the driver inadvertently during the appeal.  UKPA will probably reject, but you might have more luck at POPLA.

This was a letter I asked CHATGPT to knock up after providing details of the charge. Driver goes to the same gym at same time every Sunday, checks in on the machine at the front desk, cannot guarantee that didn't make a mistake with entering reg on machine, after reviewing previous cases can see that it is a mistake to admit to being a driver and these companies very rarely accept appeals, coupled with the fact I am away for a couple of months, was in a rush with this.