PCN from Capital Parking Control advice

[bobosh13]

Hi all,

Could you please let me know if it is possible to challenge the PCN attached and what the steps are.

The driver entered this area and after struggling to find the concierge for about 15-20 minutes finally went to the concierge and registered the number plate with the reception.
However, now as the keeper I have received the PCN and looks like the time that was over was only 24 minutes and it feels very unfair.

Any advice would be highly appreciated.

Regards,
B

[bobosh13]

Attaching the PCN this time.

[atticus]

Can you post the sign please.

If you are posting it today (3 March) you received it within 14 days of the alleged contravention (19 February).

[charitynjw]

Attaching the PCN this time.

Strange move, redacting the first digit of the issue date.
I guess there was a logical explanation?

[bobosh13]

Strange move, redacting the first digit of the issue date.
I guess there was a logical explanation?

Issue date is 27 Feb 2023. Not sure why redacted it

[charitynjw]

Issue date is 27 Feb 2023. Not sure why redacted it

A slip of the tippex, perhaps.

The Notice seems to have all the correct wording needed for compliance.
Can you confirm that the vehicle details are correct?
Location of alleged contravention?
Is it privately owned, or is it a hired/leased vehicle? Company vehicle?

Is there anything else that you can think of which might affect the validity of the Notice?

[des8]

A slip of the tippex, perhaps.

The Notice seems to have all the correct wording needed for compliance.
Can you confirm that the vehicle details are correct?
Location of alleged contravention?
Is it privately owned, or is it a hired/leased vehicle? Company vehicle?

Is there anything else that you can think of which might affect the validity of the Notice?

Are you sure that notice complies?
I cannot see where the keeper is invited to pay (PoFA 2012 sec9 (2) (e)
nor does it comply with sec 9 (2) (d)
nor does it identify who the creditor is sec9 (2) (h)
and possibly it fails to specify a period of parking (eg should it not state period of parking 1hour 24 minutes, not just show times of entry and departure) sec9 (2) (a)

[charitynjw]

Are you sure that notice complies?
I cannot see where the keeper is invited to pay (PoFA 2012 sec9 (2) (e)
nor does it comply with sec 9 (2) (d)
nor does it identify who the creditor is sec9 (2) (h)
and possibly it fails to specify a period of parking (eg should it not state period of parking 1hour 24 minutes, not just show times of entry and departure) sec9 (2) (a)

".....you should let us know........"

I've seen judges deciding that phrasing such as this is enough to satisfy the mandatory requirement.

Unlike default notices under CCA 1974, the wording isn't prescribed, so it's judges lottery time imho.

[des8]

Realise that judges can make peculiar decisions at times (been a victim of that myself), but not all are like that.

If not mandatory what does "(2)The notice must—" mean?

If it gets as far as court I would certainly argue about noncompliance with PoFA

[bobosh13]

A slip of the tippex, perhaps.

The Notice seems to have all the correct wording needed for compliance.
Can you confirm that the vehicle details are correct?
Location of alleged contravention?
Is it privately owned, or is it a hired/leased vehicle? Company vehicle?

Is there anything else that you can think of which might affect the validity of the Notice?

The vehicle details are correct. Location of the alleged contravention is correct. It's a privately owned vehicle.

[charitynjw]

Realise that judges can make peculiar decisions at times (been a victim of that myself), but not all are like that.

If not mandatory what does "(2)The notice must—" mean?

If it gets as far as court I would certainly argue about noncompliance with PoFA

Imho it could go either way.

8(2)(e) & 9(2(e) state only that the creditor doesn't know the driver's name or address, & so 'invites' the keeper to either pay the charge, or alternatively, to give the name of the driver & current address for service, etc.
There is no requirement of the exact wording to use.

Similarly the period of parking.
The entry & exit times does enough to evidence a period of parking.

But yes, no harm in challenging it.

It would be an advantage to see the whole of the Notice, not the truncated version which has been posted above. Also the reverse side.

Schedule 4 is not, imho, a particularly precise piece of legislative drafting, unlike Bennion's CCA.

[des8]

So what is the signage? is it clear? Is it well displayed?

[bobosh13]

So what is the signage? is it clear? Is it well displayed?

Attaching the signage.

I have spoken to the concierge where you need register the number plate when visiting. They couldn't find anyting in the system for that day. Not only for my vehicle buy any other cars. They said they don't see anything in the system for 17-20 February and said to appeal saying the system didn't record it correctly.

What do you think is the best way of appealing?

[bobosh13]

Imho it could go either way.

8(2)(e) & 9(2(e) state only that the creditor doesn't know the driver's name or address, & so 'invites' the keeper to either pay the charge, or alternatively, to give the name of the driver & current address for service, etc.
There is no requirement of the exact wording to use.

Similarly the period of parking.
The entry & exit times does enough to evidence a period of parking.

But yes, no harm in challenging it.

It would be an advantage to see the whole of the Notice, not the truncated version which has been posted above. Also the reverse side.

Schedule 4 is not, imho, a particularly precise piece of legislative drafting, unlike Bennion's CCA.

Attaching the back of the PCN

[charitynjw]

Attaching the signage.

I have spoken to the concierge where you need register the number plate when visiting. They couldn't find anyting in the system for that day. Not only for my vehicle buy any other cars. They said they don't see anything in the system for 17-20 February and said to appeal saying the system didn't record it correctly.

What do you think is the best way of appealing?

Get that in writing.

Nothing much to argue about re the sign(s).