NTK received, quotes POFA, seems to comply with every aspect of POFA, clear signage

tastyfish

Hi,
As RK I received a PCN from Ocean Parking (IPC member). I've gone through as much of the advice on this forum as possible. They have quoted POFA so I believe they can pursue me as RK and NTK issued within timeframes.

I've studied Schedule 4 of POFA and the conditions that need to be satisfied (all the "The notice must..." statements) and it looks like they have satisfied every single condition (they're good, they've clearly done their own homework). The reason for the PCN is Exceeded Maximum Stay Period and they've added the exact times and clear photos of the vehicle and the driver (not me).

My only hope was the signs. But the signs in the car park are clear. They are readable and they clearly state 'Maximum 2 hours stay' in a fairly large font and even readable on the usually blurry images of Google Streetview. It is a clear breach.

I've already had one successful appeal through the advice of these pages (in that case a rather vague NTK was received that didn't even describe the T&Cs breach with no mention of POFA and sent to the RK, driver name not divulged) so I am really grateful for that.

But this particular case? Even I'm foxed. Do I have ANY grounds of appeal? If so, what would those grounds be?

EDIT: PCN attached

KeithP

Where exactly did this alleged parking event take place?
Have you asked the landowner to help you?

tastyfish

Hi KeithP,
Happened on private land, a retail park. Unfortunately, landowners are likely to be unwilling to assist as this car park (free) is used for a neighbouring retail park which is more prestigious (which has pay parking). It's a car park notorious for parking charges and has been in the local press many times. Seems businesses on this retail park are unwilling to assist from the reports of many who have fallen foul here (though I can but try - good suggestion, thank you, but I think it's unlikely they will sympathise).

Coupon-mad

Just ignore Ocean.

tastyfish

Ah, ok. What can I state in the appeal? There doesn't seem to be any grounds I can appeal on. Is it a case of just trying to string this out for 6 months?

ChirpyChicken

Follow the post above yours.

Coupon-mad

tastyfish said:

Ah, ok. What can I state in the appeal? There doesn't seem to be any grounds I can appeal on. Is it a case of just trying to string this out for 6 months?

No appeal. Ignore.

6 months is not relevant. Court claims can be made for 6 years.

kryten3000

This fails POFA Paragraph 9(e).  There is no specific invitation to the keeper to pay or provide driver information.  Instead they say the keeper should inform them of the driver's details which is an mis-statement of their authority.

KeithP

tastyfish said:

Hi KeithP,
Happened on private land, a retail park.

Ah... that place. Thanks for the detail.   

LDast

OP, you can remove your tin foil hat. No one is employing a room full of hooded yoofs to scour the internet looking for your posts on a PCN. Trust me, they already know the location and the dates.

Also, the NtK is NOT fully compliant with ALL the requirements of PoFA. Specifically paragraph 9(2)(e)(i) and 9(2)(h).

tastyfish

LDast said:

OP, you can remove your tin foil hat. No one is employing a room full of hooded yoofs to scour the internet looking for your posts on a PCN. Trust me, they already know the location and the dates.

Also, the NtK is NOT fully compliant with ALL the requirements of PoFA. Specifically paragraph 9(2)(e)(i) and 9(2)(h).

What tin fil hat, what are you on about? Was there any need for that?