Ocean Parking PCN 20 min

[Lex101]

Hi,
I just received this PCN from Ocean Parking. On that day the registered keeper of the car entered McDonald’s with his daughter and ordered. By the time the order came and they finished eating almost 40 minutes have passed. There are signs saying 20 minutes maxim stay but there is no way to order and eat so fast, especially with kinds. Is there a way to cancel this PCN ? Thanks

[des8]

Could you please post up a copy o the PCN, first removing all identifying details but leaving in all dates and times.
Also a photo of the signs at MacDonalds may be useful

Have you asked the manager at the MacD if he can have it cancelled?

[Lex101]

Oh sorry, I forgot to post the most important information. McDonald’s just sends me to the parking operator.
There was also a news article on this issue when the limit was 10 minutes, now it’s 20 minutes
http://www.thesun.co.uk/news/1677927...ing-limit/amp/

[des8]

OK I'm busy today, but will check your PCN tonight

[des8]

I note you have only pasted one page of four of the Notice to Keeper. What was on the other pages?

The only defence I can see is that the notice is non compliant with sec9 (2) (e)of the Act which

"state[s] that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;"

They have not "invited" you, the keeper, to pay the unpaid parking charge
They have only said they will pursue you as keeper if the charge remains unpaid

They also state you "should tell us the name.. of the driver"
"Should" is not an invite but a direction


That could be the basis of an appeal viz they have not complied with the exact terms of the statute.
However I doubt Ocean will accept it and will continue to pursue.
If you then appeal to POPLA you may just win, but I wouldn't bank on it.

If it went to court I would hope the judge would agree with you , but one can't be certain

[Lex101]

Thank you for your response. There are only 2 pages to this PCN, the front and the back. How would I go about formulating an appeal to them? Thanks

[des8]

Dear Sir
I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to complying with sec9 (2) (e)of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

first class post with free certificate of posting from a post office
However I doubt they will accept this as an appeal as they prefer peeps to pay

[danielb6611]

I have just paid this exact charge for this exact car park then happened to find this , Curious now if the above worked for you when appealing my letter is worded exactly as yours?

Thanks