Returned within 2 hours - Britannia ANPR

Fair_Dinkum

Hi
I've read around as much as I can and can't find anything specific about returning to a car park within the 2 hour period. I have a PCN from Britannia for doing that. I am preparing for POPLA using the advice here.
Based on the amazing resources available here (thank you all) I'm going to use:

• The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
• A compliant Notice to Keeper was never served - no Keeper Liability can apply.
• The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.
• No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice.

In actual fact there were two separate drivers so I thought an additional defence was that the second driver had no idea that the car had been there earlier.

I haven't named either driver yet, but wanted advice on whether there are any special 'no return' defences to include?

Half_way

was this recorded as one long stay, when it was two separate visits?

Fair_Dinkum

This was two separate visits.
There are 4 photos on their website, 2 in and 2 out. But the pcn only gives the timing of the second visit and one set of photos.
You can't see the driver in any of the photos.

Half_way

is the pcn for a no return within x?

Herzlos

Does the signage covering the "no return within 2 hours" policy specify if it's the car or the driver that can't return within 2 hours? I imagine it doesn't specify, and that if there were 2 drivers neither of them did actually return within 2 hours or break any contracts.

Not that it'd matter; it'll be a forbidding sign so the 2nd return would be tresspass and not the contractual fee they are pursuing.

nigelbb

The 'No return within 2 hours' can never apply to the car. A car cannot enter into an alleged contract for parking only the driver of the car & the same car can have different drivers at different times & there is a separate 'contract' on each occasion.

Half_way

next question, who's car park was it?
if the driver(s) didn't break any made up rules, then the ppc and its principal, the landowner would have no valid reason to obtain you data

fisherjim

I wonder what they would say if Mr X drove in and parked at 9AM until 10AM.
Later Mrs. X drove in at 11AM and left at 1PM.

Half_way

Could do with seeing a picture of the signage, and or the PCN minus personal details.

Fair_Dinkum

I'm going to upload the PCN and an image from google of the site once I work out how to do that) - it's also a drive through subway, although I don't know who owns it. I haven't got the detailed parking sign pics yet. There were two genuine different drivers, my son drove into the car park the first time (with me in the car). I left him there and drove out. I then came back to pick him up some time later, and he drove out - quite confusing about who is liable (if anyone).
Thanks for all your help...

Fair_Dinkum

Here are the PCN and location images (sorry they are bit scrappy)
avello.com/images/oddstuff/MSEimage1/pcn1.jpg
avello.com/images/oddstuff/MSEimage1/pcn2.jpg
avello.com/images/oddstuff/MSEimage1/location.jpg