PCN at Waitrose

[frazell1]

Hello all,

I have received a PCN for overstay at waitrose.

The store was very busy on the day in question and it took a long time to park and also to exit the premises. We also had our 4year old with us so stopped for food at the cafe oppose the store as she was getting a bit cranky. We then shopped in waitrose, I do not have the receipt but have a bank statement which shows the transaction in store so was a genuine customer.

The PCN date of offence is 01/07/23 and the PCN is noted as being issued on 14/07/23. The PCN actually was delivered 19/07/23 but giving full disclosure, we didn't check the letter box the day before so it could have been there since 18/07/23.

Attached is the redacted copy of the PCN.

Is there any advice on this or should I just pay up? Not adverse to a bit of adversity and had previous PCN cancelled.

Any help gratefully received.

[frazell1]

Attachments included

[PallasAthena]

How long did the signage say you were allowed to park? The PCN just says "Parked longer than the maximum time pernitted" without saying what the maximum time was.

[charitynjw]

Hello all,

I have received a PCN for overstay at waitrose.

The store was very busy on the day in question and it took a long time to park and also to exit the premises. We also had our 4year old with us so stopped for food at the cafe oppose the store as she was getting a bit cranky. We then shopped in waitrose, I do not have the receipt but have a bank statement which shows the transaction in store so was a genuine customer.

The PCN date of offence is 01/07/23 and the PCN is noted as being issued on 14/07/23. The PCN actually was delivered 19/07/23 but giving full disclosure, we didn't check the letter box the day before so it could have been there since 18/07/23.

Attached is the redacted copy of the PCN.

Is there any advice on this or should I just pay up? Not adverse to a bit of adversity and had previous PCN cancelled.

Any help gratefully received.

There is no mention of the Protection of Freedoms Act 2012 on the Notice, or anything about keeper liability.
Small wonder, really, as the Notice is out of time for keeper liability. (Issued Friday 14th July, so deemed delivered Mon 17th earliest). The s9 Notice has to be served within 14 days of the contravention (1st July).. Appeal as registered keeper & tell them to jog on....in the nicest way possible, of course. Do not ID who the driver was.

[frazell1]

Sorry, forgot to mention, the maximum parking duration was 90minutes.

[frazell1]

Should I assume that its the standard response as below?

Dear Sir/Madam,

I have just received your Notice to Keeper xxxxx for vehicle VRM yyyy

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, issuing the notice received on the 19/07/23 which is outside the relevant period of 14 days as prescribed by section 9 (4) 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.

[charitynjw]

Should I assume that its the standard response as below?

Dear Sir/Madam,

I have just received your Notice to Keeper xxxxx for vehicle VRM yyyy

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, issuing the notice received on the 19/07/23 which is outside the relevant period of 14 days as prescribed by section 9 (4) 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.

That will be fine.
Send it from the registered keeper.
Make sure you get proof of sending.

[frazell1]

Thanks for all the help so far.

Sent off my letter which has yet to be acknowleged.

Received a final reminder from them though upping the fine to £70, i assume i just ignore, or should i write again?

[charitynjw]

Thanks for all the help so far.

Sent off my letter which has yet to be acknowleged.

Received a final reminder from them though upping the fine to £70, i assume i just ignore, or should i write again?

Yes, ignore for now

[frazell1]

So recieved a very wordy response to my appeal which essentially said i'd been very naughty but they would let me off this time. Thanks to everyone for the help/advice.