Highview Parking - Waterfields Retail Park

[Harambe123]

Hi,
I received a parking charge notice for a parking overstay at Waterfields Retail Park in December 2018 and was sent a Notice to Keeper by post 9 days after the alleged contravention. I do not recall seeing this Notice and did not appeal at the time. I have now been sent a Letter of Claim, dated December 2021. Following a SARS request, I can see that the overstay was around 45 minutes - the car park has a 2 hour limit and operates using ANPR. Given the date was around Christmas, I would not be surprised if the driver was driving around trying to find a parking spot for longer than that as the cameras are only at the entrance and exit.

There are 2 images that they have provided, 1 at entry and 1 at exit. In the exit image, the license plate is completely indistinguishable. Below each image they have provided what appears to be a zoomed in and enhanced image but seems to be clearly fake as the letters are spaced out differently to how they appear on the actual license plate.

Given that I did not appeal originally, what options do I have? Are there any requirements for the image provided in the Notice to Keeper? It is clearly my car on entry but the image on exit could be anyone, unless there is a better frame on the CCTV showing the license plate more clearly, or they use image enhancement, I do not know how they could have established it was my vehicle.

Advice would be great! Thanks.

[ostell]

It is assumed your vehicle by the number plate on it. The ANPR cameras can use infrared to read the plates. It's not CCTV.


So post up the redacted PCN but leave dates.

[Harambe123]

Hi thanks for the response. I have posted the redacted PCN, also note that there's nothing stated about POFA, thought this was required?

[Harambe123]

Hi , just wanted to check if anyone has any advice regarding the above notice? Thanks in advance.

[ostell]

So you state that you did not receive the initial letter. As the keeper you cannot be held liable as it was not delivered within 14 days to transfer liability from the driver to the keeper, as required by POFA . Nor have they given the warning of keeper liability required by 9 (2) (f) or the period of parking required by 9 (2) (a), times moving in front of a camera cannot, by definition, be parking. The invitation to the keeper required by 9 (2) (e) is also not there in the prescribed format

[Harambe123]

The date on the 1st letter is within 14 days, although I do not recall receiving it, is it not presumed to have been delivered?

I wonder why they have omitted the warning about keeper liability, given the issue date is supposedly within the 14 days required.

Does your point on no definite period of parking not make all ANPR issued parking charges unenforceable as they are almost exclusively situated at the entrance and exit to the car park?

[Harambe123]

Hi, writing my response to the LBC and wanted to clarify re. above, any advice? Thanks again.

[Batting5390]

How did you get on? I have an issue at the same location.