UKPC PCN
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Discussion

Haltamer

Original Poster:

2,671 posts

109 months

Friday 7th May 2021
quotequote all
Lucky me; I've recieved a PCN for "remaining on site during the restricted no parking period between the hours of 10:15PM to 05:30AM"

I'd be interested to hear about any other experinces with, or advice for the preperation of an appeal, as I feel I've idenfied some issues with the signage.

(Redacted) PCN:


In car park sign:


Entrance Sign:


- The entrance sign does not mention these restrictions, and is not obviously visible to incoming traffic. (Far side position; Liable to be blocked by oncoming traffic and not in the natural eyeline of the entrance.) - BPA Guideline 19.2

- "Parking-terms" signs within the site only clearly state the maximum 3 hour stay period; The time restrictions are in extremely small font.

- The driver has made multiple visits to this site in 2020, when these restrictions were not in place - No additional temporary signage has been used, in contravention of BPA Guideline 19.10 - You can also see in the image that these restrictions have only recently been enforced, as they are a stickover label on the original sign.

Any thoughts on the admissability of these defences? - I'd of course prefer for this to be dropped at the operator level, but I'd be happy to take it further to POPLA / Court as required.

Day late

13 posts

72 months

Friday 7th May 2021
quotequote all
I'm not any kind of expert in what to do or not, or whether this makes any difference, but the notice to keeper has different overnight parking restriction times to the signage in the car park.

Notice to RK says "restricted no parking period between 10:15pm to 6:30am", whereas the signage looks like it says "no parking between the hours of 10pm to 7am".... apologies if incorrect due to crappy pic zoom on a tablet.

I'd also question whether the wording of "..being present on site during the restricted no parking period..." on the notice to RK has the same meaning as "No parking between..." on the car park signage.


mcflurry

9,189 posts

282 months

Saturday 8th May 2021
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The sign says no parking between 10pm and 7am
The enforcement didn't start until 10.15pm to allow a few minutes to leave etc.
You didn't leave until 10.25pm, so they have "won" that point.

Whether the ticket is valid, the sign big enough and whether Costa could over ride it if you were buying coffee, I don't know..

LudaMusser

159 posts

142 months

Saturday 8th May 2021
quotequote all
Money Saving Expert.com
Go to the forum
Find Motoring
Then sub forum Parking tickets/fines

I got out of an eleven minute overstay (£70!)

Never admit to being the driver, just the owner!


James_N

3,302 posts

263 months

Saturday 8th May 2021
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Dear UKPC

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

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 notice of keeper liability as prescribed by section 9 (2) (f) of the Act.

You have also failed to give the required invitation to keeper in the form 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.

Regards etc

That template letter just got me out of a £70 ticket. Worked in the past before too! Bloody cowboys these parking firms!

B235r

408 posts

78 months

Sunday 9th May 2021
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Haven't we got ourselves into a really sad state of affairs with this absolute BS, there's a place I deliver to thats in a row of shops with loading area out the back max stay 15mins run by one of these cowboy outfits, it's takes us longer than 15mins to unload they keep sending us there junk mail

vonhosen

40,597 posts

246 months

Sunday 9th May 2021
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Surely they exist in the first place though because land owners are fed up with people taking the piss on their land?
The land owners are inviting them in, because they are offering them a service to deal with a problem they haven't the time to deal with.