PCN from TPS

FlorrickA

Good Afternoon,
A PCN was received today by my husband as the keeper of the vehicle. He was not the driver at the time of the alleged parking offence. There was no windscreen notice and parking was not paid. The occupants did not leave the vehicle as they were picking a student up from University accommodation after the end of term. Parking notices are visible but they cannot recall anything on those notices about ANPR cameras. There were no notices visible on the row that the vehicle was parked in.

The PCN details 35 minutes parking and £30 charge if paid within 14 days rising to £60 thereafter.

I have read through some of the guidance offered here and just want to check that my best approach would be to appeal on the basis that the keeper is not liable, not to name the driver and request a POPLA code.

I am unsure if I have any case here as I know the occupants took the view that as they did not leave the vehicle it would be OK to wait in the carpark for the call from the student as opposed to on the street where there are signs about parking. They had no idea there were enforcement cameras and the virtually empty carpark after the end of term make a charge particularly hard to swallow.

Thank you in advance for any comments/advice.

Fruitcake

It matters not whether anyone left the car, or the engine was running, or the car was blue instead of red. If the car was stationary and not queueing to get out, then it is all parking.

Yes, appeal as keeper using the template from the NEWBIES.

If/when they reject the appeal, construct a draft PoPLA appeal using all the template pints available from post 3 of the NEWBIES. Post it here for checking before you submit it.

You should get pictures of the entrance and signage to assist you. You should also advise the driver to check and pay next time they park. That's one of the reasons why parking scammers exist.

Guys_Dad

Without any pictures of signs or any other hard evidence, let's see what immediate steps can be taken to see if the PPC has slipped up.

First basic question for now. Date of contravention and date on the NtK, please?

FlorrickA

Date of contravention 24/03/18
Date of notice 28/03/18
Date received by keeper 04/04/18

Guys_Dad

OK. They are in time to apply POFA keeper liability.

From my sons' Uni days, I spent time loading and unloading their gear at start and end of term, so you could reasonably cite unloading does not constitute parking. Pretty weak, of course.

Try the University itself and see if they are willing to help. Make sure you do not identify the driver.

You may very well need evidence of poor signage, so camera/picture when you next go back.

Some other regulars may give you past form on how far TPS might take this, but in case more than one TPS, full name of parking company, please.

nosferatu1001

Unloading is of course not parking. Entirely different activity. TMA2004 is authority for that - it clearly delineates stopping, unloading / loading, and alighting / boarding.

FlorrickA

Company issuing the PCN is Total Parking Solutions. I know what you mean about unloading. They know that people have been ticketed for parking outside the building to unload so they went to sit in the car park out of the way with no idea that cameras were deployed. On reflection it would have been a better decision to wait on the road outside the accommodation building than in the virtually empty car park! Have emailed the University to ask if they can help as the landlord. Thank you for responding.

ampersand

op - if loading and unloading took place, remove last sentence, para1, #1.
It could be misinterpreted.

FlorrickA

Done. Thank you.

Coupon-mad

TPS Notice to Keepers might arrive on time but they don't have the POFA wording from 9(2)f from Schedule 4, giving the right 28 day period and warning about keeper liability.

Take a look for yourself.

Unless they've changed it (don't ask us to look, really there is no need, it is EASY to spot the difference).