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Parking Charge Notice (PCN)

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  • Parking Charge Notice (PCN)

    Received a Parking Charge Notice (PCN) from a parking company for infringement on 30 Sep 25, dated 8 Oct 25 and received by post to Keeper's private address on 21 Oct. Parked at a Waitrose on what seems to be solely Waitrose land and thus presumably private land. I'm confused whether this PCN is valid, since Citizen's advice suggest is has to be in the Keeper's hands within 14 days, ie before 15 Oct. But Citizen's Advice has a caveat about the 14 days being applicable if the Notice contains the phrase 'Protection of Freedom Act' - which is not apparent in the text of the PCN.
    Questions: Can it somehow be possible that Britannia Parking is legally allowed to conduct their business yet be exempt from the Protection of Freedom Act? Should the Keeper reply simply stating the PCN is time expired, or similar and do nothing more? Would such a reply invalidate the Keeper or Driver's subsequent right of appeal, if that first rejection is disallowed?

    The infringement is in respect of staying more than 90 mins, the PCN includes photos of entry and exit timings. Driver was there for 150 mins; this is not disputed. There is a sign declaring a 90 min limit at the entrance; the Driver simply didn't see this as they entered. It's clear enough (in hindsight!) but a combination of negotiating a sharp turn into the car park along with a significant kerb that has previously been clipped, along with the immediate congestion on that part of the car park meant Driver's attention was fully on driving safely in.

    Driver was only planning on a short stop, with minor essential shopping and to include a coffee and a cake after a Hospital appointment. Driver lives 30 miles away and had a Hospital appointment. Driver has visited that car park many times, without ever knowing there was a time limit! Driver then got delayed because Driver is an insulin dependent diabetic and their blood glucose dropped below the DVLA rules for being behind a steering wheel. So the Driver was then legally obliged to wait for that blood glucose recovery. This does not need any intervention by others - just consuming more glucose and time. Driver did not speak to anyone at Waitrose about the inevitable delay, not realising there was a parking time consequence.

    Question: What is the best sequence of actions please? Reject the PCN outright, with no explanation? Reject, but reserving the right to appeal if necessary? Appeal because outside the 14 days, along with medical circumstances causing the unplanned delay?
    Tags: None

  • #2


    Do you have independent proof of the delivery date of that Parking Charge Notice?
    If not it is deemed delivered two days after posting, and so will be within the time limits set under the Protection of Freedom Act 2012 ( PoFA2012 )

    To be a valid "Notice to Keeper" (NTK) the document does not have to contain the phrase "'Protection of Freedom Act"

    You have a strong argument for mitigating circumstance for an appeal to the parking company, or even a defence in court along the line that whilst incapacitated and not allowed to drive, you had no intention of parking or contracting to park.
    Do you have a Libre Freestyle or similar device that logs your blood sugar level? If so can you get data off your app to support your statement that you were ill?

    However before going down that route can you post up a full copy of the parking charge (remove your name & address, car reg number, PCN ref number) but leave in all dates, times, location) so we can check for any errors.

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