Currys/PC World ticket (closed due to covid)

Lily-Moon

I need some advice please-
The driver of my car went to a small town last week after a long time and needed to get petrol from the asda filling station, and there is a currys pc world next to the asda store.  The driver of my vehicle went to the currys carpark as they figured it was empty and its a short walk across their small car park to asda near the entrance and (keeping with social distancing) so as to avoid other people in the car park.
The driver didn't see the signs up stating the 2hr limit for currys customers (while on the premises) and was in asda for literally a few mins and when they got back, there was a card in the windscreen.
A week later, I was sent a NTK asking for £100 (£60 in paid within 14days of the letter dated a week ago!).  Photos just shows the car parked up.
I have a few concerns considering the store was closed yet the car park is open to access and these hitmen are laying in wait (my car wasn't the only car that was in the car park and assume others also were pounced on).  The driver was in the car park for well under the time limit (5 mins going by time stamps on the photos available on the website) and was not to know the store was closed when they drove up - being from Scotland they have not followed all the covid lock down reopen dates etc for England, they just knew that things were opening in England (the driver had come down from Scotland on work).
What do I do about this and on what issues can I reject this claim on my hard earned cash as keeper of the vehicle?
Many thanks

KeithP

Hello and welcome.

The first thing you need to do is edit your post to remove all clues to the driver's identity.

It was the driver that parked the car and the keeper that received the Notice to Keeper through the post.

If you are resident in Scotland this is particularly important. 
There is no way that the parking company can transfer the driver's liability to the keeper, so if they don't know who was driving they cannot win..

Lily-Moon

Ok, thanks for the input.
Though the question arises, the offence took place in England so the fact that as keeper, if I do not disclose the driver, they can't make me state who it was?
Thanks

KeithP

You must edit your post.

To perhaps look something like this:

The driver went to a small town known to him after a long time and needed to get petrol from the asda filling station, and there is a currys pc world next to the asda store.  The driver went to the currys carpark as he figured it is empty and its a short walk across their small car park to asda near the entrance and (keeping with social distancing & being high risk person) he would avoid other people in the car park.
He didnt see the signs up stating the 2hr limit for currys customers (while on the premises) and was in asda for literally a few mins (he got a sandwich and drink) and when he got back, there was a card in the windscreen.
A week later, the keeper has a NTD NTK asking for £100 (£60 in paid within 14days of the letter dated a week ago!).  Photos just show the car parked up.
I have a few concerns considering the store was closed yet the car park is open to access and these hitmen are laying in wait (the driver wasn't the only one who was in the car park and assume others also were pounced on.  The driver was on the car park for well under the time limit (5 mins going by time stamps on the photos available on the website) and was not to know the store was closed when he drove up (the driver had come down from Scotland on work).

Lily-Moon

Done thanks.  Sorry, I am new to this.
Can you please clarify the comment you left above: 
"It was the driver that parked the car and the keeper that received the Notice to Keeper through the post.

If you are resident in Scotland this is particularly important. 
There is no way that the parking company can transfer the driver's liability to the keeper, so if they don't know who was driving they cannot win.."
Does this work across the border considering the notice was issued in England?

KeithP

Read the answer to this question in the first post of the NEWBIES thread:

Q - ''I'm in Scotland/NI, so is the advice different?''

1505grandad

Who is the parking company?

D_P_Dance

How do you fill up if you park a short walk from the pump? 

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Johnersh

The contract is impossible to perform as it is not possible to be a customer of the store. As such the mere act of parking put you in breach. It is void under the doctrine of impossibility inmho. 

Further, since there was no way to avoid being in breach of the terms as written and no detriment to the store or its customers since there were none (relevant factors considered in Beavis v PE) as a secondary point, I'd say that this case is distinguishable. C effectively seeks a penalty for no purpose. 

Coupon-mad

All of the above will come into play if you get a claim through the Scottish courts (very rare).

 Was this VCS or Excel?

Have you read the NEWBIES pinned sticky thread as you didn't sem to know about the POFA and keeper liability, and why not to say who was driving?

Lily-Moon

Coupon-mad said:

All of the above will come into play if you get a claim through the Scottish courts (very rare).

 Was this VCS or Excel?

Have you read the NEWBIES pinned sticky thread as you didn't sem to know about the POFA and keeper liability, and why not to say who was driving?

It was VCS.
I keep seeing this sticky thread and newbie stated with no link to find it when one is new to the forum.  It is very difficult to navigate when you cannot see clearly where to click