PCN on Private Land

Smegal2020

Hi everyone  just looking for a bit of in regards to PCN. The said driver of the vehicle parked his car on a forecourt area of a shop. Unbeknown to the driver they have started enforcement by ising a company named “Secure Parking Solutions”.The vehicle was only there literally about 8 mins. I have read all newbie post and used the one for all template to appeal against it with the company so waiting on a response. Furthermore after a site visit one of the signs is bent so could have easily been missed, also the BPA states a grace period of 10mins before a PCN can be issued. In this case it was just under 9 mins. I have a rough idea what i can use in my popla appeal, such as,

grace period 
landowner authority 
poor signage.

Just want confirmation that i have a valid case

appreciate all the responses

Fruitcake

Please show us the reverse of the PCN, but on the face of it, the NTK appears to be non-PoFA compliant therefore the keeper cannot be held liable.

Did the driver leave the site? That is what the NTK suggests as the reason for issuing the charge, not for an overstay or exceeding grace periods.

The bent sign seems to have different Ts and Cs to the undamaged one.

What happened when the keeper complained to the landowner?

D_P_Dance

This should certainly be thrown out at PoPLA,  and that ben signs looks as t6hough it might br difficult to ready.  It is highly unlikely  to prosper in court imo.  Have you complained to your MP.?

Smegal2020

Thanks for the responses so far guys, here is the reverse of the NTK fruitcake

D_P_Dance

Of course you have a valid case, especially if this is not compliant with Pofa and they do not know who was driving.  Have you complained to your MP? 

Smegal2020

If im honest mate the MP and councillors are absolutely useless around by me.

D_P_Dance

Nevertheless it is worth a go.  Your MP may have been ticketed by this company.  

Smegal2020

Fruitcake said:

Please show us the reverse of the PCN, but on the face of it, the NTK appears to be non-PoFA compliant therefore the keeper cannot be held liable.

Did the driver leave the site? That is what the NTK suggests as the reason for issuing the charge, not for an overstay or exceeding grace periods.

The bent sign seems to have different Ts and Cs to the undamaged one.

What happened when the keeper complained to the landowner?

Yes the driver only parked there for the said time as there was nowhere to park anywhere else.

The business not being cooperative about supplying landowner details.

Coupon-mad

Appeal as keeper, stating that the purported date of issue was a weekend, which is not a working day as defined in the POFA.  Therefore, it was deemed posted on the Monday after that weekend, and deemed delivered, at the earliest, on Weds 1st December which is one day too late for keeper liability.

Add as a second point that the signs at that site are the cheapest bent cardboard and there is no lighting.  No contract was seen, let alone agreed, by the driver.

Finish by saying the driver will not be identified and given the late service of the PCN that in fact arrived on (what? 2nd or 3rd December) and was sent 2nd class as far as you can tell, this is not a charge that the keeper can be held liable for.

POPLA code or cancel, happy Christmas!

Smegal2020

Coupon-mad said:

Appeal as keeper, stating that the purported date of issue was a weekend, which is not a working day as defined in the POFA.  Therefore, it was deemed posted on the Monday after that weekend, and deemed delivered, at the earliest, on Weds 1st December which is one day too late for keeper liability.

Add as a second point that the signs at that site are the cheapest bent cardboard and there is no lighting.  No contract was seen, let alone agreed, by the driver.

Finish by saying the driver will not be identified and given the late service of the PCN that in fact arrived on (what? 2nd or 3rd December) and was sent 2nd class as far as you can tell, this is not a charge that the keeper can be held liable for.

POPLA code or cancel, happy Christmas!

Really appreciate that mate, i have sent an appeal already using the standard template as in the newbie section, so will use the advice given when i receive a reply from them. You are correct i recieved the PCN on wednesday 1st december.

Coupon-mad

I am 'matey' to people on this forum I suppose but I am a lady!