PCN at Costa

classix

Hi everybody and hope u can help.

The registered keeper received a parking charge for staying in the Costa car park longer than allowed. The driver visited Costa for the duration of their stay and inputted their car details into the tablet provided so they could stay as long as they wanted. However a penalty charge has still been issued.

Have contacted Costa who say they can do nothing to help. Asked for landowner contact email so I could plead my case to them but they refused to provide. Did a bit of research and found land is owned by Schroders REIT. Emailed the agents responsible for the land/units and have received no reply. Filled in an online contact form on Schroders website but again no reply. 

Final option is to appeal and its that that I need help with. Where do i start and what should i write? The driver followed the rules and used in-store tablet but still got fined. So whether the driver made an error using tablet or what we don't know.

The parking charge is from GroupNexus and the letter came on 9th december with the alleged infringement occurring on the 2nd december. Duration of the stay was 3hrs 32 with a maximum permitted stay of 2hrs 30 unless details are inputted in tablet.

Any help would be greatly appreciated.Thanks in advance

KeithP

Where exactly did this parking event take place?

Coupon-mad

Appeal and say the tablet in Costa was used by the driver (DO NOT SAY 'ME')* so it can only be a system error or VRM keying error, so you require the parking firm to check for a near-miss VRM and apply the rules about minor keying errors, or provide a partially redacted log from the keypad if it is their position that nothing like the VRM of this vehicle was input.

If you have a second car that 'the driver' might have typed instead, state the VRM and tell them to look for it but do not say anything that implies who might have typed the VRM in.

The parking charge is from GroupNexus 

*DO NOT IMPLY WHO WAS DRIVING!

Then add this wording, courtesy of @Grizebeck, because this will kill it off as long as you DON'T tick 'driver'!

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw.

Grizebeck

Agree with @Coupon-mad BUT i wouldnt anything else to the appeal other then text in bold

classix

KeithP said:

Where exactly did this parking event take place?

it is in a retail park and the parking was in car park reserved for costa customers

classix

Coupon-mad i don't know what VRM stands for

Coupon-mad

Grizebeck said:

Agree with @Coupon-mad BUT i wouldnt anything else to the appeal other then text in bold

Yeah they could just use your wording alone.  It will win.  100% guaranteed.

classix

classix said:

Coupon-mad i don't know what VRM stands for

And what if the driver didn't press enter or something along those lines, would this argument still stand?

KeithP

classix said:

KeithP said:

Where exactly did this parking event take place?

it is in a retail park and the parking was in car park reserved for costa customers

Ah right. I know it well.   

Coupon-mad

classix said:

classix said:

Coupon-mad i don't know what VRM stands for

And what if the driver didn't press enter or something along those lines, would this argument still stand?

But it doesn't matter.  You win with Grizebeck's wording because there is no keeper liability,

classix

Then add this wording, courtesy of @Grizebeck, because this will kill it off as long as you DON'T tick 'driver'!

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for keeper details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw.

in the letter it says that they checked details with DVLA and sent the charge to registered keeper. the only reason they mention the driver is if the registered keeper wasn't the driver. otherwise the registered keeper is expected to pay the charge