PCN Britannia Parking, Station Car Park, Ashton Way (CP11) SS16 5XY

TAC842

Any idea how I discover whether this area is subject to Train Byelaws? Relevant land ?

The PCN shows two photos at 11.49 seconds apart.  They do have another photo on line at 1204.
No windscreen ticket issued by  observing attendant who just took  Photos. 

Received the NT K  today 20/02/25 from Royal Mail it was damaged in the post not bearing a post mark. 

Fruitcake

The PCN number and your VRM are showing at the bottom of the second image.

You should delete it immediately as some unscrupulous person or persons unknown could appeal the PCN on your behalf whilst admitting liability, and making slanderous and libelous statements at the same time.

Fruitcake

It doesn't appear to be a railway asset.

Do you have proof (ideally from Royal Mail) the NTK was only given today? If so, appeal using the template in blue text from the sticky Announcement for NEWBIES and add a one liner that it was given too late for keeper liability to apply.

Did the driver pay at all for the parking period. If so, what was the 'phone signal like, and how long did it take to download the app and make payment.

I believe the new combined IPC/BPA CoP now says, or it has been agreed that it will say payment can be made as long as it is before the vehicle leaves, but that may only be for specific sites.

Coupon-mad

Why was a PBP session not made?

If the driver parked without paying, I have to say £40 was a reasonable offer but the 14 days is gone now.

TAC842

Thoughts please? 

An appeal was made by the registered keeper to  POPLA that the Britania NTK was not compliant to pursue  the keeper as it didn’t arrive in 14 days.  In fact it had to be collected from Royal Mail depot as the envelope was damaged not bearing a postage mark. A Royal Mail card was delivered to keeper demanding £5 to cover postage before it could be collected/delivered. 

This was POPLa response 

When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. The appellant has identified as the registered keeper, and the driver has not been identified. The Protection of Freedoms Act (PoFA) 2012 is a law that allows parking operators to transfer the liability to the registered keeper in the event that the driver or hirer is not identified. Parking operators must follow certain rules including warning the registered keeper that they will be liable if the parking operator is not provided with the name and address of the driver. In this case, the PCN in question has the necessary information and the parking operator has therefore successfully transferred the liability onto the registered keeper. I note the appellant says the Notice to Keeper (NTK) did not arrive within the specified 14 day period and provided evidence whilst also referring to an Ofcom statement, however I can see this was issued on the 4th of February 2025, four days after the parking event so therefore sent within 14 days. If the appellant has any further complaints, they will need to speak to their postal service. 

Gr1pr

So ignore,  and come back here to this thread if or when you receive a Letter of Claim giving you 30 days notice,  or a court claim pack from the CNBC in Northampton using MCOL 

Castle

The PPC are transferring liability 1 day early in the "Protection of Freedoms Act 2012 paragraph".

Car1980

Has this dimwitted assessor just transferred over from the IAS or something?

6)A notice sent by post is to be presumed, UNLESS THE CONTRARY IS PROVED, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

TAC842

That’s exactly what I thought Car1980, despite pointing 6A) out to POPLA they are adamant postal delays or as in this case mail damaged by Royal Mail are not the responsibility of the parking operator when transferring driver liability to RK.  Response below.  

The assessor was satisfied the Notice to Keeper complied with the requirements of PoFA 2012, as this was issued within 14 days. The assessor has acknowledged your evidence and responded to it and the assessor based their judgement on the available evidence. As a result, a procedural error has not occurred. On review of the evidence, I must agree with the assessor’s judgement and whilst it demonstrates an issue with the postal service, this would be a complaint needed to be raised with Royal Mail directly. The parking operator cannot be held responsible for any issues regarding a delay in the Parking Charge being delivered.

Having reviewed both the appeal and your complaint, I am satisfied the decision reached is appropriate based on the evidence presented at the time of the appeal. Had I considered your appeal, I would have reached the same outcome.

Have the courts changed their stance on this? 

Gr1pr

No, because the law is quite specific 

As I mentioned before,  IGNORE and come back to this thread if one of the 2 items I mentioned occurs