PCN: ParkingEye Peckham Lidl

busymerchbee73

Hi All, 
Any extra advice on below would be much appreciated.  I'm following the NEWBIE steps advice.  

Driver parked in car park on advice on the Veterinary Practice nearby who stated it was "free".  Driver didn't see any signs and overstayed the 90 minutes free parking by 12 minutes.

1. Registered keeper has complained/appealed to Vets and also complained/appealed to Lidl to ask for help with PCN on behalf of driver.





2. Registered keeper will appeal the PCN with ParkingEye: letter below

I am writing to formally contest the parking charge notice issued on June **th, referencing the vehicle registered under my name. As the registered keeper, I decline to disclose the driver's identity, as it is not a requirement under my obligations.
 
I am well aware that under Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012), parking operators must meet specific criteria, including sending a Notice to Keeper (NTK) within the designated timeframe and adhering to the prescribed format.
 
Upon thorough examination of the provided documentation, it is apparent that the Notice to Keeper fails to meet the stipulations outlined in POFA 2012. Crucially, the NTK lacks mandatory information as mandated by law, rendering any attempt to establish keeper liability invalid.
 
Consequently, as the registered keeper, I bear no liability for this parking charge. I hereby request a cessation of any further communication pertaining to this matter and urge the cancellation of the parking charge notice accordingly.
 
Furthermore, I would like to highlight additional reasons for my refusal to comply with your demand for payment:-
 
·       Insufficient Signage: The car park in question lacks adequate signage to clarify relevant parking restrictions. Consequently, no contract can be legally formed between the driver and the landowner, rendering all issued tickets invalid.
 
·       Disproportionate Charge: The imposed £90 parking charge lacks commercial justification and is disproportionate to any alleged breach of contract or trespass. This arbitrary charge far exceeds any reasonable cost to the landowner, as parking fees are non-existent, thus rendering your demand excessive.  Claiming £90 for a 12minute overstay constitutes an unlawful penalty.
 
Should you choose to reject this appeal or fail to address the concerns raised, I expect compliance with the BPA AOS Code of Practice 22.12. Kindly provide all necessary information, including the contract between your company and the landowner, along with the requisite 'POPLA code', for immediate referral of this matter.
 
Furthermore, I request evidence demonstrating your authority to demand payments and issue parking charge notices within the car park in question. Please furnish a copy of the contract granting you such rights, along with instructions received from Lidl Peckham regarding imposed time limits and sanctions on customers.
 
Additionally, please clarify the basis of your claim – whether it pertains to trespass, breach of contract, or a contractually agreed sum. If claiming trespass, I require a comprehensive breakdown of the actual loss incurred by your business or the landowner. Conversely, if alleging breach of contract or a contractually agreed sum, kindly provide a copy of the purported contract entered into by the driver.
 
I anticipate written confirmation of the resolution of this matter and assurance that no further action will be taken against me as the registered keeper of the vehicle.
 
Please respond to this appeal within 14 days of this letter's date. Failure to do so may necessitate further escalation, including formal complaints to relevant authorities.

Coupon-mad

Upon thorough examination of the provided documentation, it is apparent that the Notice to Keeper fails to meet the stipulations outlined in POFA 2012. Crucially, the NTK lacks mandatory information as mandated by law, 

It doesn't.

That appeal isn't good. Reads like Chat GPT wrote it (sorry).  You should just use the template appeal in the NEWBIES thread.

  

busymerchbee73

Thank you - yes, possibly, as I'd taken snippets of letters from others in threads.  I will amend and use template version.  Thank you!

Coupon-mad

The appeal won't actually work unless you get lucky at POPLA by arguing that the car was only parked for less than 90 minutes and it took 3 minutes on entry to drive round and find a space and that plus the 9-10 minute mandatory grace period at the end are perfectly reasonable.  Add detail if you or anyone in the car is disabled, elderly or slower in mobility.

DO NOT MENTION WHY YOU PARKED THERE.

DO NOT PAY EVEN IF YOU LOSE.

busymerchbee73

Great, okay thank you.  So I'm going with reduced template from NEWBIE that you advise.  This will probably get rejected, then I will raise POPLA.  Even if this gets rejected, we don't pay ever.

Umkomaas

Did you actually shop at Lidl that day?  If you did and the bill came to ~£35+, PE will cancel, just add copy of the receipt/cc/bank statement to confirm. If you're a regular Lidl customer, do you have any back copies of receipts?  You could try copying them with the appeal to prove you're a regular shopper there. Long-shots if you were just using the car park as a convenience to visit the Vets.