Britannia PCN - can POFA 2012 NTK still be used and others Qs?

ytnate

Hi, after reading the newbie FAQ and what I can find out about PCNs and about Britannia PCN in particular, I still got some questions, hope to get your expert advice.

Background info
Basically, we got a Britannia ANPR PCN (dated 15 June) on 17 June while at Poole Quay visiting National Trust's Brown Sea Island on 29 May 16. We were late as the boat was late. We can't our find the parking ticket as I think we threw it out with our baby's food waste when we cleared our car.


In our rashness/ignorance/stupidity about PPCs, we replied/appealed to Britannia via online on the same day after getting the PCN as followed:

We did pay £6 when we park using coin to park from 9.55pm to 3.55pm. Unfortunately the ticket to proof of payment has long gone. Due to the delay of the Brownsea Island ferry, we came back at 4.40. So we overly park for 1 hour but we have no idea how to pay the extra one hour. How can you charge £100 for less than one hour of parking?

My questions are:
1) Is the POFA2012 NTK defence not useable now that we implied we are the driver?
2) Does it matter that we have no ticket to prove we paid for parking?
3) Since we receive PCN beyond 14 days, can we still use it as a technicality in our (future) POPLA appeal?

I guess at this stage beside waiting for the Britannia rejection and the POPLA number, there is not much more we can do, right ?

Thanks in advice! The FAQ and other info were very helpful to newbie like us.

pappa_golf

Britannia parking , what a joke!


does the PCN say brittania , or another name ?


there appears to be multiple brittannia (s) please can you give us the company Number and their address


https://beta.companieshouse.gov.uk/company/08182990


or


https://beta.companieshouse.gov.uk/company/02389707


yrs I know that says care parking , but was brittania

Castle

Are Britannia claiming that you have underpaid/overstayed or have not paid at all?

Reading your appeal, there's no mention of "I", only "we"; so the failure to comply with POFA appeal can still be used. (NTK arrived on day 19, too late for POFA).

According to this website it's £5.50 for 6 hours using "pay on enter".
http://www.britannia-parking.co.uk/regions/detail.php?park=189

pappa_golf

this sounds rather funny


we got a Britannia ANPR PCN


brittania state no ANPR on site




We did pay £6 when we park using coin to park

brittania state £5.50 PAY ON ENTRY

PCN (dated 15 June) on 17 June

another company with an incredible postal service

Coupon-mad

I would suggest asking Poole Quay if they will cancel it.

And it is good that your appeal said 'we' because the driver can't be assumed from that (could be either of you). That's a good thing because Poole Quay isn't 'relevant land' under the POFA as it has harbour byelaws. As such, the keeper (appellant) cannot be held liable.

So, remain ''the keeper'' at POPLA stage!

My questions are:
1) Is the POFA2012 NTK defence not useable now that we implied we are the driver?
It will be a POFA 'not relevant land' appeal point first, then a second one that the NTK arrived too late for keeper liability anyway. Then more.
2) Does it matter that we have no ticket to prove we paid for parking? Nope
3) Since we receive PCN beyond 14 days, can we still use it as a technicality in our (future) POPLA appeal?
Yes, as point #2 after 'not relevant land' under the POFA.

ytnate

Dear all
thanks for all the advice!

I got the PCN from Britannia Parking:

Co. registered address at Britannia House, 16 Poole Hill Bournemoth BH2 5PS)
Reason for PCN: Failed to make valid payment (No other reasons cited)
Location: Poole Quaside (ANPR), (I found the address for carpark as BH15 1HA on google)
£100 parking charge, discount to £60/- if pay within 14 days
There is the usual digital image captured car registration and time of entry/exit
No explicit citation of Keeper's liability in the PCN, only we 'should tell the name and postal address of driver'

I think we had no changes for £1 coins, so can't really remember the exact amount (5.5 or 6) we paid for carpark, and since we lose the parking coupon, there is no way to trace back.

Britannia stated they are the 'creditor', no mentioned of land ownership. After reading this form and your comments, I have been trying to find the landowner, still can't make any headway on this.

I will look into the Poole Quay cancellation suggestion by Coupon-mad.

System

@ytnate Could you PM me on this one.