Southsea / Yomper Carpark / Britannia

vyvsym

Hello all

Just debating how to respond to a 'notice to keeper' sent out by Britannia. I have read through the 'newbies' thread which is a very helpful starting point; thanks to all who posted there.

I suppose my issue is that to be honest I'm looking at a 'technicality' argument here, as there was a substantial ticket overstay (over an hour); however, it was not clocked that there was an 'overnight' charge that would apply. The driver had paid £1.50 to last up to 6pm (a few minutes before that time) and didn't consider that they would technically be staying overnight - or some of it. (To be fair, the signage is reasonably clear about this, not that it would win any awards for clarity).

Having read the thread, and (some of) the POFA schedule (what a blast that is!), I'm less hopeful that some of the things I'd assumed might be helpful will be. Specifically:
- the images on the notice are not timestamped (I read elsewhere that POPLA have previously viewed these as cropped images and not acceptable, voiding the NTK).
- the NTK was not physically received at the keeper's address until day 15 (the schedule seems clear that there's an assumption that it's two working days, whatever happens in practice; and the keeper has no proof of the delivery date anyway)
- the NTK states the T&C breach is 'failed to make a valid payment'; however there is proof (the ticket) of payment for the time until 6pm. I suppose I wonder what counts as a 'valid payment' in POPLA terms - any payment at all? a complete one? Initially I assumed this meant -erroneously - that is meant 'did not buy a ticket'
- POFA says that there should be a statement on the NTK about what charges were due. I guess this means the £100 charge, rather than the actual parking charges on the day (would have been an extra 3 quid)?

One other thing - does the 14-day reduced fee also start from the two days after the NTK is issued, or is that from the issue date? If the latter, it's tomorrow, and to be honest it might be easier to bite the bullet and give the swines their £60.

(General point, which I'm sure is taken for granted by you regulars here: why don't the govt make it mandatory to have pay on exit parking?)

I'll attach a photo of the parking board. As I say, I can't see any obvious omissions or problems with it (nor the NTK to be honest). It's from a Google shot, so I can't read the small print (inc the bit which I assume is about ANPR purposes, as per the POFA requirements; these companies would have to be stupid not to get these things right, surely!)

Coupon-mad

The sign only creates a PCN risk in certain circumstances.

The first breach listed on the sign (unusually) doesn't say the ticket has to be 'valid' or covering the whole time parked. it just says 'failure to purchase a ticket'

And you can easily see if your NTK is POFA or non-POFA by comparing it to the wording of the 2 very different Britannia versions in my NTK pictures thread.

Car1980

Think it's the last one? "Exceed the time which has been paid to park".

But the contractual breach they are claiming is "failed to make a valid payment".

So are you saying you paid until 6pm and then the overnight period kicked in at 6pm?

Or that you had paid for X hours but they lost some of that time because it resets at 6pm?

vyvsym

Car1980 said:

Think it's the last one? "Exceed the time which has been paid to park".

But the contractual breach they are claiming is "failed to make a valid payment".

So are you saying you paid until 6pm and then the overnight period kicked in at 6pm?

Or that you had paid for X hours but they lost some of that time because it resets at 6pm?

Yes, the payment went until 6pm (although the one-hour payment only ran for about quarter of an hour until then: ticket shows it started at 17.46, expired at 18.00) and then the overnight period started. That hadn't been paid (missed by the driver on the notice).

As you say 'failed to make a valid payment' seems something different to 'exceed[ing] the time'. I just don't know if that would really be a sufficient basis for contesting the penalty. Presumably they could re-serve the notice to be more specific, but of course by now would be out of time. 

vyvsym

Coupon-mad said:

The sign only creates a PCN risk in certain circumstances.

The first breach listed on the sign (unusually) doesn't say the ticket has to be 'valid' or covering the whole time parked. it just says 'failure to purchase a ticket'

And you can easily see if your NTK is POFA or non-POFA by comparing it to the wording of the 2 very different Britannia versions in my NTK pictures thread.

Thanks. It has the 'POFA 2012 paragraph'.