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pcn walsall

my husband is the registered keeper of my car and received the NTK PCN after I visited. I had paid for 2 hours to visit nandos and left 2 minutes after the 2 hours of entering, NOT paying. the ticket did not print but the money went from my account. 
I have appealed to them on behalf of my husband and received a generic reply telling me the parties mentioned have been notified and asking for the drivers details to be passed along. Should I give my details or not? I have read the driver shouldn't be identified but my husband would rather just pay than go through the hassle of appeal whereas I feel I should fight them for the injustice of it.
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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please read the stickies/newbies where you will find the answer to your question.  You are right to fight this scam.  Have you complained to your MP?
    You never know how far you can go until you go too far.
  • nrk29
    nrk29 Posts: 10 Forumite
    First Post
    I have not complained to my MP no. I did complain to nandos who said they could revoke the fine and that I should contact British land as the manager of the retail park, which I did. I'm yet to hear a response.
    I have read the stickies but couldn't find the answer..
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 July 2021 at 10:13AM
    It's not a fine , it's an invoice in your husband's name

    Name the Parking company , it's not a secret !

    Did the NTK comply with POFA ?? Yes or no

    Plan A was a good idea , hopefully a cancellation will follow from British Land

    Naming the driver may not be a good idea , yet

    Was a POPLA code issued ?

    Was the contravention non payment ? Or an overstay ?  It's not clear from your brief posts and you haven't shown us a redacted picture of the NTK PCN yet

    Why do you say that you paid and then say not paid ?

    If you paid , where did the money go ??

    Was the correct VRM used ?  Or was it a keying error ?
  • nrk29
    nrk29 Posts: 10 Forumite
    First Post
    No POPLA code has been issued.

    I had paid for 2 hours stay but the ticket did not print out. The money did leave my account though.I had left within 2 hours of making the payment at the machine but I have no ticket to prove it which I have told them. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    So you have shown us the front of the NTK above but not the back , or their reply rejection either ,  the reply is important too

    Nor have you answered my other questions listed in my first reply , like POFA compliance , was it a possible VRM keying error , or an alleged overstay

    It is unlikely they issued a PCN for a 2 minutes overstay because the BPA CoP covers grace periods in clause 13 , which is greater than 2 minutes
  • nrk29
    nrk29 Posts: 10 Forumite
    First Post
     I don't currently have the picture of the back of the PCN but will take 1 ASAP to post.
    They have all the details of the vehicle and keeper correct and the timings so I'm assuming it is POFA compliant. I definitely entered the VRM correctly but like I say I have no ticket as proof.
    In my initial appeal I wrote that BPA guidelines allow leeway to cover the "in transit" period of entering, parking and paying to leaving but I received this response.

  • nrk29
    nrk29 Posts: 10 Forumite
    First Post
    The alleged offence is that "sufficient parking payment was not made for this vehicle to cover the full duration of the visit"
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They have no legal right to this information .

    IMO two hours is totally inadequate for a shopping complex which contains an Argos, an Asda, a couple of restaurants, a travel agent, ans several clothing shops.  Why is there a parking fee anyway? 

    If they are silly enough to take this to court I fear that they will struggle 

    Read this and complain to uyour MP

    http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html



    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Ok , so IMHO the NTK PCN does NOT comply with POFA and your assumptions are incorrect !!

    The timing may comply , but not the wording from what I can see so far !!

    So this is why they are phishing for the driver's details , so definitely don't tell them !!

    Sit back and await the Popla code in a few weeks time

    If that NTK PCN fails to comply with POFA and the driver is not identified , then there is no keeper liability and the circumstances are irrelevant !! A keeper based Popla appeal based on POFA should easily win , as it usually does !!
    C p plus in this case , Highview in others , all Group Nexus , no keeper liability due to POFA !!

    An easy win at Popla !! On POFA and grace periods using th BPA CoP clause 13 too

    So no blabbing about who was driving
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IMO, this is a slam dunk win for you if this goes to court.  
    You never know how far you can go until you go too far.
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