F1rst Parking PCN - wait for NTK?

adginald

I have been a follower of this forum since I received my first PPC ticket in 2011. With the help of you all, I managed to quash that and three others since, for myself and others.

Earlier this month, I received a Parking Charge Notice for £75 attached to my car from F1rst Parking, in a restricted area car park at Nottingham University. Here is the notice, redacted; my apologies for any OCR errors.

FIRST PARKING
PARKING CHARGE NOTICE
Notice Number XXXXXXXX
Date of Parking Event XX/XX/2016 XX:XX
Location UoN- XXXX
Vehicle Reg. XXXXXXX
Make XXXXXXXX
Model XXXXXXX
Colour XXXXXXX
Attendant Badge No. XXX

Reason(s) for issue:
Restricted area
Amount due GBP 75.00
Amount Due if paid within 14 days of the date of parking contravention GBP 45.00
Amount Due if NOT paid within 14 days of the date of parking contravention GBP 75.00

In accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to First Parking LLP.
There are 14 days during which you may pay the discounted amount as specified above. Failure to do so will result in the full amount shown above becoming payable. Any further delay in the payment may increase the charge and may result in liability for further charges.
If this notice is not paid on or before the end of the 28 day period, First Parking LLP may request the Registered Keepers details from the Driver and Vehicle Licensing Agency (DVLA). As the driver at the time of the parking event, you are now required under the Protection of Freedom Act 2012, to pay or appeal the Parking Charge.
First Parking LLP is a member of the Approved Operator Scheme and the British Parking Association.

Payment Methods
By payment card: Telephone: 0200-333-1995 Web: www . paymyparking . net
NB: A charge reflecting the cost to First Parking LLP may apply for payments made by card. Please allow 24 hours from the date of parking event prior to attempting payment.
By cheque: Please make your cheque payable to First Parking LLP writing your notice number and vehicle registration number on the reverse and post to: First Parking LLP PO BOX 3322 South Croydon CR2 1JX
By telephone: Debit/credit card payments can be made by calling 0200- 333- 1995 (Calls cost up to 7p per minute plus your phone companys access charge). Please have your parking charge notice number and card details ready. (Please be advised that debit card payments made by phone will incur a GBP 1 administration fee. Whilst any payment by credit card will incur a 3% surcharge).
A further reducd payment of GBP 25.00 will be accepted for payments made within 24 hours of the ticket being issued. To pay via this option, Ring 0115 9513557 Internal 13557 (Mon - Fri 8.00am to 5.00pm) Ring 0115 9513013 Internal 13013 (out of hours)
Appeals
If you wish to appeal against this Parking Charge Notice you should submit your case, either in writing to FIRST PARKING LLP, PO BOX 332- South Croydon, CR2 1JX, or via our website WWW. PAYMYPARKING. NET within 28 days from the date of issue. All correspondence must include your name, address, and name and address of the driver (if different), the vehicle registration and the Parking Charge Notice reference number. You must supply evidence as to why you were parked in violation of the parking terms and conditions as displayed on the contractual warning signs erected on the land. All appeals are genuinely pursued and the decision to accept or reject an appeal is based on evidence supplied. It is important that you supply all the evidence to support the appeal. First Parking LLP will not enter into multiple appeal processes. All Parking Charge cases are placed on hold upon receipt of a written appeal. Any driver appealing against a Parking Charge Notice within 14 days from the date of issue will be given the opportunity to provide payment at the reduced amount, in the event that their appeal is unsuccessful. Please allow 14 working days for response. It the appeal is unsuccessful you will be provided with the contact details of the Independent Appeals Service (POPLA) and a unique appeal reference. POPLA will not accept your appeal if you have not appealed to us beforehand. Please be advised that if you choose to appeal to the Independent Appeals Service and your appeal is unsuccesful then you will lose the right to pay at the reduced amount. Due to legal procedures, it is difficult for First Parking LLP to submit verbal evidence before the court. We therefore regret that we are unable to deal with telephone enquiries with regard to the issue of Parking Charge Notice.
A MEMBER OF THE BRITISH PARKING ASSOCIATION

This was the Notice to Driver (NTD); I haven't yet received the Notice to Keeper (NtK). It is, of course, irrelevent who was driving, but I am the keeper.

The appeal will be based on several things:

1. The car had a permit for a certain area, and it wasn't stated on the signs which area this was. Indeed, the signs for this area and a known permitted area are identical. Anecdotally, it appears people should simply "know" which areas their permit allows. But the BPA says "You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle." So wrong, unclear or misleading signage seems undeniable.
2. The NTD was placed in an envelope emblazoned with "Warning: It is an offence for any person other than the driver to remove this notice", in contravention of BPA section 20.5c
3. The NTD is non-compliant with POFA 2012, as the "period of parking" is not specified, just the "date and time of event". The latter, being a single instant, does not give any information as to whether the driver was given enough time to consider the contract. BPA section 18.5 reads: "If a driver is parking with your permission, they must have the chance to read the terms and conditions before they enter into the contract with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract."
4. £75 does not represent a genuine pre-estimate of loss (this is a University car park)
5. No authority to issue parking notices.

Reading the forums seems to suggest that as I have an NTD, I should wait until 3 weeks have elapsed before appealing to F1rst, in the hope that they will neglect to issue the NTK in time. We are at about that period now.

However, an alternative strategy is to simply wait for the NTK, and thus address the whole appeal as the registered keeper. This has the advantage that I won't have tipped my hand as having seen the NTD, leaving them to rely completely on keeper liability. I've seen some F1rst Parking NTKs (on this very forum), and I'm fairly confident they don't meet POFA requirements.

In either event, note that my appeal to F1rst, in contrast to the recommendation in the newbies section, brings up the inadequate signage, as I hope to use any rebuttal they offer as forewarning of their objection to my eventual POPLA appeal. I really don't see how this signage can be excused.

So which is best? Appeal to F1rst now as keeper (but obviously as someone who has seen the NTD), or wait for the NTK and rely on protection from keeper liability?

StaffsSW

Wait for the Notice to Keeper - and from experience, you will be waiting 8-10 weeks which means keeper liability can not be enforced. That will give you another bulletproof appeal point.

I have a number of their NtK on file for a fleet I manage, and all of them are issued well after 2 months from the parking event.

adginald

Thanks, StaffsSW for the info. Tell me, do those NtKs you have comply with PoFA 2012? Apart from being late, of course.

bod1467

It's highly unlikely that they fully comply with POFA. But the fact they were late means it is irrelevant ... they were fundamentally non-compliant by being late.

StaffsSW

No images/evidence of the charge for a start, but also doesn't comply with the wording about obligations for naming the driver.

Out of time is a home strike - so many NtK are sent out of time, not just from F1rst, but many others, that they are often get cancelled at first appeal without going to POPLA. As our vehicles are registered to a Ltd company, it is fairly obvious that the keeper is definitely not the driver.

adginald

No images/evidence of the charge for a start

Does POFA require images/evidence? I couldn't find it in Paragraph 8. It does say they should:

8(2)(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

and also

(c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);

but these don't mandate images/evidence (other than paragraph 10, which I understand doesn't require anything at present). What have I missed?

I ask just in case they do provide the NtK before day 56, and therefore deny me the instant winning ticket!

Castle

Copies of the signage would be useful as it looks like they would be considered "forbidding"; so in fact there was no offer to park and no contract. A couple of recent court cases for your reading.
http://parking-prankster.blogspot.co.uk/2016/04/pcm-uk-signage-does-not-create-contract.html
http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

adginald

Copies of the signage would be useful

I'm not allowed to post links, so you'll have to cut and paste. Sorry.

Here's the one where the ticket was issued:

imgur.com/2TMKBnS

And here's where parking is allowed for the car's permit

imgur.com/LXKVidW

Spot the difference

pappa_golf

http://imgur.com/2TMKBnS


http://imgur.com/LXKVidW

adginald

Thanks, pappa golf, you're most kind.

I don't think they're considered "forbidding" as there are permits and (apparently) pay and display parking. But the appeal will centre around inadequate signage (no indication of which "zone" was which). And, of course, no keeper liability.

Castle

adginald wrote: »

Thanks, pappa golf, you're most kind.

I don't think they're considered "forbidding" as there are permits and (apparently) pay and display parking.

I disagree:-
The signs refer to "designated Pay and Display locations" which suggests they are situated somewhere else. Are there any ticket machines nearby?

Second, the signs make no reference to any "fines" if you fail to pay and display; only you must have a valid permit to park. So even if you could pay and display here, you still won't have a valid permit!