Parking Charge (Private Land) issued to keeper, legal requirements - A defence strategy?

GuitarDude

Hi,
A couple of years ago I received 2 Parking Charges for the driver allegedly overstaying the time limit on a private car park (different days), and issued by post from CCTV surveillance.  I initially ignored them, but then appealed through the company's internal appeals process following a "Letter Before Court Action".  I appealed on the grounds that they did not state the entry and exit times; one PCN actually stated a time that I later found to be the exit time and the other PCN started the entry time!  I argued that without both entry and exist times on the PCN, it was impossible for the driver to verify if an 'offence' (breach of contract) had been committed since the car park operated a free ticketless 2 hour period, you only need a ticket if you intend to stay more than 2 hours.  The driver did not expect to exceed the 2 hour period so had not ticket to collaborate entry time.  I also argued that one of the "Notice To Keeper" letters was issued 17 days after the event, and despite receiving a standard 'we don' care you parked illegally' letter and a couple of follow up letter ignore), I've heard nothing since.  For the other one however, I argued that I had (genuinely) not received the NTK and the first I heard was some 6 weeks later when the Final Reminder letter came.  This had small 2 photos, one of the car entering car park (time stamp not readable) and the other a blown up picture of the reg plate.  There was no mention anywhere of the exit time (I have since leant that the time mentioned in the letter was the entry time due to receiving a larger photo following my appeal).  Again, I got the same rebuttal letter and I ignored 2 the follow-up letters and hear nothing until now, 18 months later.

I have now received a letter from a notorious solicitor company threatening court proceeding if payment (including their inflated/illegal fees) is not made within 30 days or to dispute the claim via a form on their website.  This letter is accompanied by a schedule detailing the PCN number, Date and Place, but the date is incorrect!! It states a date 10 days earlier than the issue date of the PCN!!

I have trawled through countless web pages and forums looking to see what the legal requirements exist for a Parking Charge Notice on private land, and although I have found a few basic requirements, I have not read anywhere that it has to state the entry and exit time, merely the date.  Without that information, how can you possible know several weeks later if the charge is correct or not.  Is the lack of this information a good strategy for a defence against the claim?  In addition, the fact they they inconsistently state either the entry or exit time without telling the recipient of the notice which time they have used further adds to the drivers confusion.

Also, given that the solicitor's letter states the wrong date, is that also a strategy for defence since clearly casts doubt over the accuracy of their data?

(Incidentally, a few weeks after I suggested in my appeal that they improve the information on the Parking Charge Notice, a friend of mine received one from the same carpark and it now does state the entry and exit time lol!)

As a newbie, I hope I have followed the rules and I appreciate your views and advice in advance
Regards.

KeithP

Who is the parking company?

GuitarDude

Does it make any difference?  I was trying to keep it as anonymous as posible for the reasons advised in the Newbie thread.

KeithP

If you are the only user of this car park then you are right - you telling us the name of the car park will identify you.  

GuitarDude

LOL, OK point taken.  It is a car park monitored by Euro Paring Services and the solicitor is Gladstones, now I'm right out there in the open, butt naked 

Fruitcake

It might help if we knew where this alleged event had occurred as it may have come up on this site before, or one of the regulars may have local knowledge.
As long as you don't say who was driving there is no problem with you providing this information.
A timeline of events might also be useful, especially if both PCNs arrived too late for the keeper to be liable.

The PoFA 2012 states what must be included in a NTD and NTK, the period of parking being one of them. Go through each NTK and compare it line by line with the PoFA requirements, and make notes of how the scammers have failed to comply with said Act.

Send an SAR asap as per the NEWBIES to flush out all information they hold about you. Include proof of ID such as a copy of the V5C or two redacted utility bills or bank/card statements.

Was the driver identified in any correspondence? 

Have you read the guide to court written by bargepole that you will find in the second post of the NEWBIES? This has a step by step guide from LBC to the court hearing date.

What happened when you complained to the landowner?