Letter Before Claim, PCN appeal rejected, parked < 5 mins, "Non Custom", shop closed

Thrifty999

This was August 2024.  National Parking Enforcement.  After parking in front of the shop I used regularly I tried to enter to buy some things but found it was unexpectedly closed so I went to the newsagent next door when I realised it was Bank Holiday.  The shop was still closed so I went home but received a few days later.  Total time on the PCN is less than 5 minutes.  I appealed using the template which was rejected.  I did not then appeal to IAS.  Since then I have had a number of texts and letters claiming £17 but most recently a letter from NPE "Letter Before Claim"
What is the recommended action now?
Thank You

Thrifty999

Thrifty999 said:

This was August 2024.  National Parking Enforcement.  After parking in front of the shop I used regularly I tried to enter to buy some things but found it was unexpectedly closed so I went to the newsagent next door when I realised it was Bank Holiday.  The shop was still closed so I went home but received a few days later.  Total time on the PCN is less than 5 minutes.  I appealed using the template which was rejected.  I did not then appeal to IAS.  Since then I have had a number of texts and letters claiming £17 but most recently a letter from NPE "Letter Before Claim"
What is the recommended action now?
Thank You

Errata
"received" a PCN "a few days later."

"£17" should read "170"

Thrifty999

Actually the Notice says "Non Patron"  not "Non Custom"

Coupon-mad

Thrifty999 said:

This was August 2024.  National Parking Enforcement.  After parking in front of the shop I used regularly I tried to enter to buy some things but found it was unexpectedly closed so I went to the newsagent next door when I realised it was Bank Holiday.  The shop was still closed so I went home but received a few days later.  Total time on the PCN is less than 5 minutes.  I appealed using the template which was rejected.  I did not then appeal to IAS.  Since then I have had a number of texts and letters claiming £17 but most recently a letter from NPE "Letter Before Claim"
What is the recommended action now?
Thank You

You can ignore a NPE "Letter Before Claim" on their headed notepaper. It isn't a real claim threat. Come back if you get a LBC from a solicitor and obviously you must see & check all letters (in case of a court claim), so you MUST tell NPE if you move house.

Please show a pic of both sides of the original postal PCN as we'll need to see the timings and dates and where the CCTV (or lurking ticketer person) was in relation to your car.

h2g2

Should you need it, you do have a very robust defense:

- No contract was entered into.
- The driver, seeing the offered contract considered the terms. Particularly the term that parking was only for customers of [newsagent].
- Seeing the newsagent was closed, the driver considered that they did not wish to enter into any contract and promptly departed, declining the contract by doing so.
- The single sector code of practice, item B.1 states that a consideration period of 5 minutes must be applied in these circumstances. Since the claimed time is less than this, they cannot claim that any contract was accepted without strict proof otherwise (e.g. purchase of a pay-and-display ticket) per their own code of practice.

Thrifty999

Coupon-mad said:

Thrifty999 said:

This was August 2024.  National Parking Enforcement.  After parking in front of the shop I used regularly I tried to enter to buy some things but found it was unexpectedly closed so I went to the newsagent next door when I realised it was Bank Holiday.  The shop was still closed so I went home but received a few days later.  Total time on the PCN is less than 5 minutes.  I appealed using the template which was rejected.  I did not then appeal to IAS.  Since then I have had a number of texts and letters claiming £17 but most recently a letter from NPE "Letter Before Claim"
What is the recommended action now?
Thank You

You can ignore a NPE "Letter Before Claim" on their headed notepaper. It isn't a real claim threat. Come back if you get a LBC from a solicitor and obviously you must see & check all letters (in case of a court claim), so you MUST tell NPE if you move house.

Please show a pic of both sides of the original postal PCN as we'll need to see the timings and dates and where the CCTV (or lurking ticketer person) was in relation to your car.

Thank you very helpful.

Thrifty999

h2g2 said:

Should you need it, you do have a very robust defense:

- No contract was entered into.
- The driver, seeing the offered contract considered the terms. Particularly the term that parking was only for customers of [newsagent].
- Seeing the newsagent was closed, the driver considered that they did not wish to enter into any contract and promptly departed, declining the contract by doing so.
- The single sector code of practice, item B.1 states that a consideration period of 5 minutes must be applied in these circumstances. Since the claimed time is less than this, they cannot claim that any contract was accepted without strict proof otherwise (e.g. purchase of a pay-and-display ticket) per their own code of practice.

Thank you very helpful 

Coupon-mad

@Thrifty999

Please show a pic of both sides of the original postal PCN as we'll need to see the timings and dates and where the CCTV (or lurking ticketer person) was in relation to your car.