Peel Centre, Stockport parking charge

[Emma S]

Hi I received a parking notice charge yesterday for £100 for parking at The Peel centre between 17:26 and 18:35 with no parking ticket. Both my husband and I had no idea it was a pay and display carpark. There was no clear signage which has also been pointed out by lots of other people this has happened too. Apparently there is a sign at the entrance when you drive in but it is difficult to see and not a place where you can stop to read it. We obviously did not see this sign or any others. It does say if we pay within 14 days they will accept £60. Please could you advise on whether there are grounds for a successful appeal based on the clear lack and poorly situated signs? Or would we be better off paying the charge? It does seem a disgusting amount of money. Many thanks for your help.

[charitynjw]

Re: Peel Centre, Stockport parking charge

Hi & welcome to LB.

Could you post up the Notice to Keeper? (Removing personal details, but leaving dates visible).
Oh, & just in case, do not reveal who was driving, either directly or by implication.

[Emma S]

Re: Peel Centre, Stockport parking charge

Hi yes I will try to attach it. Thanks

[charitynjw]

Re: Peel Centre, Stockport parking charge

If you have problems uploading you could send it via our @Kati.
She is a star (despite my good-natured ribbing! )

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

[Kati]

Re: Peel Centre, Stockport parking charge

She is a star (despite my good-natured ribbing! )

I try my best lol xx

[Emma S]

Re: Peel Centre, Stockport parking charge

If you have problems uploading you could send it via our @Kati.
She is a star (despite my good-natured ribbing! )

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

Hi, hopefully I have attached the parking charge notice.

[charitynjw]

Re: Peel Centre, Stockport parking charge

& you haven't revealed the driver's identity?

[Emma S]

Re: Peel Centre, Stockport parking charge

Hi no. Covered personal details up.

[charitynjw]

Re: Peel Centre, Stockport parking charge

Lol!

I would imagine that the covered up details are for the Registered Keeper, not the driver.

Unfortunately for them, the parking event was 19th May.
The date of issue of the NTK was 8th June.
But to hold the RK liable, it should be served within 14 days of the parking event. (Protection of Freedoms Act 2012 Schedule 4)
They've now got to identify the driver, as that is the person with whom they have a (dubious) contract.
& you have absolutely no legal need or responsibility to identify who the driver was.

Btw, just out of interest, could you post up a copy of the reverse side of the NTK?

[Emma S]

Re: Peel Centre, Stockport parking charge

Lol!

I would imagine that the covered up details are for the Registered Keeper, not the driver.

Unfortunately for them, the parking event was 19th May.
The date of issue of the NTK was 8th June.
But to hold the RK liable, it should be served within 14 days of the parking event. (Protection of Freedoms Act 2012 Schedule 4)
They've now got to identify the driver, as that is the person with whom they have a (dubious) contract.
& you have absolutely no legal need or responsibility to identify who the driver was.

Btw, just out of interest, could you post up a copy of the reverse side of the NTK?

Hi have attached the reverse side. Sorry, I didn't quite understand what you previously meant about driver details! The info I covered up was the keeper details as you say. There doesn't appear to be anything about the driver details.

[Emma S]

Re: Peel Centre, Stockport parking charge

Hi did you get the reverse side ok? What course of action would you now advise please? Thank you for all your help.

[charitynjw]

Re: Peel Centre, Stockport parking charge

Yep, got it, thanks.

I would write to them as registered keeper, stating -
that the notice to keeper is time-barred by virtue of the Protection of Freedoms Act 2012. Any contract which they allege is with the driver. Please stop hassling me & remove my personal information from your database, failing which I reserve the right to take action without further reference to you, via the Data Protection Act 1998, for misuse of my personal data.

[Emma S]

Re: Peel Centre, Stockport parking charge

Thank you for your advice. Is there anyway in which I as the registered keeper am legally bound to pay the charge? Sometimes loopholes can be found. Can they take me to court? Should I also state that that they took over 14 days along with the time barred bit? Many thanks

[charitynjw]

Re: Peel Centre, Stockport parking charge

Thank you for your advice. Is there anyway in which I as the registered keeper am legally bound to pay the charge? Sometimes loopholes can be found.
No. As registered keeper, as they have failed to meet the requirements of PoFA 2012, you're in the clear.
Can they take me to court?
Yes.
They'd lose if they tried keeper liability.
Should I also state that that they took over 14 days along with the time barred bit?
Yes.
Many thanks

Just make sure you don't in any way identify the driver.
& pop back to let us know how you get on.

[Emma S]

Re: Peel Centre, Stockport parking charge

Will do. Thanks again for your advice. Much appreciated