Parking Charge Notice

[Hetts01]

Hi, I know this is probably a well discussed topic but I am posting this as a new member. Received the PCN through the post today. It states that the driver overstayed in the car park by 19 minutes. The driver was taking a bike into the shop to be serviced and to be honest just didn't realise there was a time restriction. The maximum free stay is 90 minutes. The charge amount is £100 or £60 if paid within 14 days etc.. Having checked the car park today, there are lots of signs around the car park and there is a larger sign as you drive in. Although entrance to the car park is at an odd angle so the big sign is not easily noticed and the other signs are relatively small. There doesn't seem to be anything technically wrong with the PCN and the alleged infringement of the Ts&Cs is said to be evidenced by number plate recognition CCTV. I am wondering whether it is worth contesting on the basis that the charge is excessive and that the driver was a genuine customer or whether since there are a number of signs around they should just pay it early and avoid the hassle. The parking company is BPA approved. Any wisdom or advice would be gratefully received.

[ostell]

So the driver goes into the shop where he was a customer and complains loudly and how much it can harm their business.

The keeper posts up the redacted PCN here (leaving dates) so that others can look at it. Photos of the signs can also help.

Best load the photos onto a hosting site such as imgur and provide links to the photos on here.

A lot of people say there is nothing wrong with the PCN but the fine details can quite often not be correct.

[charitynjw]

& check the relevant Code of Practice for grace periods.

[Hetts01]

Thanks both. Here is the redacted PCN. My understanding is that the grace period for private parking is just whatever is considered reasonable. I know it's 10 minutes for council owned car parks.

The shop has said they are willing to email the parking company and explain that the driver was there for a service but that they had no say over what the parking company will do. They said sometimes it works and other times their emails are simply ignored.

[ostell]

Perhaps this will do:

Dear Sirs,

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

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation prescribed by section 9 (2) (e) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

There are other non compliant POFA items there that can be added to a POPLA appeal.

First class post with free certificate of posting from a post office
If on line then screenprint every page.

[charitynjw]

Thanks both. Here is the redacted PCN. My understanding is that the grace period for private parking is just whatever is considered reasonable. I know it's 10 minutes for council owned car parks.

The shop has said they are willing to email the parking company and explain that the driver was there for a service but that they had no say over what the parking company will do. They said sometimes it works and other times their emails are simply ignored.

https://www.britishparking.co.uk/Cod...nce-Monitoring

Download the current version.
Check 13.2 & 13.4

[Hetts01]

Many thanks. I'll send the letter as you suggest and see what happens.

[Hetts01]

https://www.britishparking.co.uk/Cod...nce-Monitoring

Download the current version.
Check 13.2 & 13.4

Ahh yes - a minimum of 10 minutes. Thank you for directing me to that.