Initial parking Slate quay car park Caernarfon

LDast

Just out of interest, is there any "invitation" (or any other synonym of the word) for the keeper to pay the charge on that NtK?

flopsy1973

whole picture of PCN 

flopsy1973

So there is no invitation to pay  so can she safely ignore this will initial instigate court proceedings ?

LDast

Has this PCN been appealed yet? If not, then your daughter should appeal with the following:

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note due to an error in your correspondence that you are unable to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Your Notice to Keeper (NtK) fails to fully comply with the requirements of Schedule 4 of PoFA 9(2)(e)(i) in that you have not invited me, as the keeper, to pay the charge. In order for you to be able to hold me, the keeper, liable, your NtK must comply fully with the requirements of PoFA. Partial or even substantial compliance with PoFA is not enough.

As there is no legal obligation for me to name the driver, I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the PCN has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

flopsy1973 said:

So there is no invitation to pay  so can she safely ignore this will initial instigate court proceedings ?

Has the drivers identity been revealed? Hopefully not. As the NtK is not fully compliant with the requirements of PoFA, they cannot transfer liability for the charge from the unknown driver to the known keeper.

If they reject the appeal, she can appeal to POPLA. If they reject, just ignore anyway. They are not litigious. They'll just try and scare your daughter into panicking and paying them. With advice from here, you should be able to reassure her that there is no risk with this approach.

Coupon-mad

Unlikely, but they could.  

flopsy1973

I thought the PCN was a invitation to pay to the keeper? so it has to say that on the PCN  for it to be compliant will POPLA dismiss the charge on that basis. She is worried about it going up 

Gr1pr

If the PCN states £100 , which is the typical maximum, and if the signs state £100 , then that is the core figure at stake 

It does not go up , if it lost at Popla they would recommend paying the total sum ( say £100. )

Nobody can predict a Popla result, nevermind the mistakes that they make in these cases 

So check that NTK PCN letter, if it says £100 , that's the figure at stake, the total 

I did tell you that information had been hidden when the NTK PCN was folded over, the £100 charge is listed in white inside the green box

Le_Kirk

POPLA decisions are not binding on the motorist.

Coupon-mad

flopsy1973 said:

I thought the PCN was a invitation to pay to the keeper? so it has to say that on the PCN  for it to be compliant will POPLA dismiss the charge on that basis. She is worried about it going up 

Eh? It doesn't go up. She won't ever pay!

Bridgeman70

My wife has received a similar PCN for the same car park, as keeper of the vehicle the PCN relates to. Date of issue was 7th January 2025. She was not the driver of the vehicle. The driver of the vehicle had an emergency with their young grand daughter in that she needed the toilet quickly. They parked up and went directly to the facilities close by, without looking at any signs or trying to pay due to the situation. They were not aware that ANPR was in operation. The car was parked for 20 minutes only. On return they exited without further recourse to the signs, which are very small (looking on Street View). The driver was on holiday and cannot confirm what the signs actually say.
I can see that most registered keepers are trying to use the 'Notice to Keeper (NtK) fails to fully comply with the requirements of Schedule 4 of PoFA 9(2)(e)(i) in that you have not invited me, as the keeper, to pay the charge' argument to challenge the PCN. 
Do we know if this has been successful?
She is currently on day 13 from date of issue of the notice. At the end of tomorrow the fine increases from £60 to £100.
I read also that there is no obligation to name the driver of the vehicle, is this correct?
However, I also read that if you appeal too early then the operator could legally re-issue a compliant notice to the keeper advising them of the 'invite to pay'. So the question would be when is the best time to appeal.
A few members on here suggest that if the appeal is rejected by the operator, and it goes to POPLA, then even if they reject the appeal, they wont necessarily chase as the findings and not binding on the motorist. Thoughts please.