Quarterly Gift from my partner - PCN from MET for overstaying parking

Zbubuman

Hi All 

Me again. My GF hands me one of these roughly every quarter to sort out, to the point that I am somewhat becoming an expert at batting them away. However, now that I have stumbled on this forum, i want to ensure to do it properly. 

NTK received through the post (issued 18/04/24) for allegedly overstaying 90-minute parking by around 20 minutes. On the NTK there is a grainy photo of the vehicle and when I logged on their website, there are just a couple of time stamped photos showing the vehicle entering and exiting the car park. Driver not visible and no photos showing the signage they are relying on. 

Already complained to the landowner twice, but they are not interested and just pawned me off to resolve with the parking company. 

Prepared the below template to send together with credit card statement showing purchases from the particular outlet on the day ( this is a Krispy Kreme venue where my partner visits at least twice a week for a coffee and a donut with our daughter).

 

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require your evidence which must include a close-up actual photograph of the sign you contend was at the location on the material date(time-stamped) as well as your images of the vehicle.

The allegation involves an alleged overstay of minutes, your evidence must also include the actual grace period agreed by the landowner.

We are regular customers of the Krispy Kreme outlet at this location, and at the time of the alleged contravention we were patrons of the venue thus benefiting from full use of its parking facilities. Relevant bank & credit card statements have been attached to evidence this.

Should you decide not to uphold this appeal, then we request your POPLA code.

Not_A_Hope

A redacted copy of the NTK would be useful. Is it POFA compliant. Many PPCs don’t bother and it could be an easy win as long as you don’t inform them who was driving.

You really need to get your GF to avoid private car parks at all costs if she is picking up parking charges so often. One day a default CCJ May bite her in the bum.

Zbubuman

Not_A_Hope said:

A redacted copy of the NTK would be useful. Is it POFA compliant. Many PPCs don’t bother and it could be an easy win as long as you don’t inform them who was driving.

You really need to get your GF to avoid private car parks at all costs if she is picking up parking charges so often. One day a default CCJ May bite her in the bum.

I have attached a redacted copy of the NTK. 

Not_A_Hope

Have a look at the recent Met Parking thread from @raislander found on @Coupon-mad thread regarding POFA and non-POFA NTKs. 

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

I would go back to Krispy Kreme and tell them you will no longer be a regular patron of their business if visits come with an added £100 parking charge. Whilst you are there take photos of all the signage 

LDast

PoFA fail. There is no specified "period of parking". It is a "Parking Charge Notice". PoFA 9(2)(a) and (b) require the NtK to "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates".

Stating "This charge relates to the period immediately prior to..." is not stating a specified "period" of parking.

A "period" implies a duration with a start and end time. If the NtK only provides a single date and time without indicating a duration or end time, it does not comply with the requirements of the Act.

Zbubuman

Not_A_Hope said:

Have a look at the recent Met Parking thread from @raislander found on @Coupon-mad thread regarding POFA and non-POFA NTKs. 

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

I would go back to Krispy Kreme and tell them you will no longer be a regular patron of their business if visits come with an added £100 parking charge. Whilst you are there take photos of all the signage 

Already tried going down this route. Unfortunately Krispy Kreme were quite dismissive of the whole thing (even tried escalation to various heads of department and directors)

Zbubuman

LDast said:

PoFA fail. There is no specified "period of parking". It is a "Parking Charge Notice". PoFA 9(2)(a) and (b) require the NtK to "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates".

Stating "This charge relates to the period immediately prior to..." is not stating a specified "period" of parking.

A "period" implies a duration with a start and end time. If the NtK only provides a single date and time without indicating a duration or end time, it does not comply with the requirements of the Act.

Thanks for this. Will make sure to include it in my appeal. 

DE_612183

can you tell your better half to get her doughnuts from elsewhere in future?

I believe Deliveroo deliver!

Zbubuman

DE_612183 said:

can you tell your better half to get her doughnuts from elsewhere in future?

I believe Deliveroo deliver!

I did, but unfortunately she still goes there. this is a weekly ritual for them to stop off after our daughters training session. As stated she does like to present me with one of these every 3 to 6 months. some are due to carelessness on her part, some are due to unfortunate circumstances. 

Previous one was in a car park at a council owned leisure center where my daughter attends a group lesson once a month. One week after her last lesson the center introduced parking charges, put up signs and also allowed 2 week grace period. My partner went in 3 weeks later and got a PCN. spoke to the company who advised they gave 2 weeks grace period, but argued that it was not enough, signs are high up and not in a prominent area and it was raining heavily on the day, visibility was poor and she just parked and ran inside ( the sign is stuck on a fence on the side, so would not be in her line of sight) - luckily they accepted this and canceled it.  

LightFlare

I would either let her sort them out herself or stop her using a vehicle for which you are registered keeper for.

Even though you can win these almost every time, do you really want to be using your time doing so. She needs to learn that actions have consequences 

Coupon-mad

LightFlare said:

I would either let her sort them out herself or stop her using a vehicle for which you are registered keeper for.

Even though you can win these almost every time, do you really want to be using your time doing so. She needs to learn that actions have consequences 

I have a distant relative couple who have the opposite problem: the husband keeps racking up PCNs more or less quarterly at retail parks due to taking his time, and the wife asks me to help sort them all out.