PCN Initial Parking Slate Quay Caernarfon

Bridgeman70

My wife has received a PCN for the above 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.

After looking on the forum i appealed on my wife's behalf to Initial Parking. I did not try to explain what had happened on the day of the event 3rd January 2025, but simply used 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. My wife did not say who the driver was. This was done on the 21st January 2025. The following day she received a reply saying that the appeal had been unsuccessful.

I am tempted to simply appeal to POPLA to use the same argument, in that they have not fully complied with PoFA. Is this the right approach, or should i try to explain why the driver never paid the car park fee?

I attach a redacted copy of the initial PCN notice together with the redacted appeal letter for your information, and further advice.


I've also read on here that if the PCN is not fully compliant, a standard template reply should suffice and win any case, also that Initial Parking do not take matters to court. Are these statements known to be true?

Thanks in advance.
 

Coupon-mad

I am tempted to simply appeal to POPLA to use the same argument, in that they have not fully complied with PoFA. Is this the right approach, or should i try to explain why the driver never paid the car park fee?

I wouldn't bother with POPLA who don't understand the tenuous point you are trying to make about the POFA.  They'd say that NTK is POFA-compliant.

Just ignore Initial. Nothing will happen.  The keeper must tell them if they move house.  Open all letters to be sure there is no solicitor LBC or court claim which would need a response, of course.  That's all.

sidsnoteveret

Slate Quay comes under Caenarfon Harbour Trust and so may well be under byelaws. Having said that, there was discussion in 2019 about selling it to Gwynedd council. If either of those scenarios is correct, then it is not relevant land.

Bridgeman70

Coupon-mad said:

I wouldn't bother with POPLA who don't understand the tenuous point you are trying to make about the POFA.  They'd say that NTK is POFA-compliant.

Just ignore Initial. Nothing will happen.  The keeper must tell them if they move house.  Open all letters to be sure there is no solicitor LBC or court claim which would need a response, of course.  That's all.

I would have expected the appeal to fail at POPLA anyway, but thought at least i'd have been through the whole process, should anybody come back to me in the future.

Btw thank you for your comments