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Should I reply? If so, what should I say?

I received a 'parking charge notice to keeper' from Britannia. It was for a stay of 13 minutes over the 2 hours allowed in a free car park.

I appealed, refusing to confirm who was driving. I also asked for details of the signage they were relying on, as well as the landowner's grace period.

They have ignored my request for information and replied as follows:

Thank you for your appeal.

This Parking Charge is not POFA compliant, however, payment can still be sought under the old ‘implied-contract-with-the-driver’ rules used prior to POFA.

Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform us of the driver’s details, we will pursue them for the Parking Charge. Please be aware that the identity of the driver does not affect the validity of a Parking Charge.

In addition, should this Parking Charge reach court proceedings, we will put in a request to the judge that the insurance certificate for the vehicle to reviewed as evidence, to determine who was able to drive the vehicle at the time of the contravention.

We have placed the Parking Charge on hold for 14 days to allow for you to send this information. Please be aware due to awaiting for additional evidence your appeal response may exceed our 28day deadline.

As it happens, I was not the driver. Any suggestions about what to do/not do next, please?

No reliance should be placed on the above! Absolutely none, do you hear?

Comments

  • Coupon-mad
    Coupon-mad Posts: 163,040 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Yep you just ignore that, wait for the rejection letter and appeal to POPLA.

    The keeper cannot lose.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • GrumpyDil
    GrumpyDil Posts: 2,327 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker

    And just an observation about what a complete crock of s*** that letter is. You simply can't use a certificate of insurance to determine who the driver of a particular car and they will know that.

  • Nellymoser
    Nellymoser Posts: 2,507 Forumite
    1,000 Posts Third Anniversary Name Dropper

    Wonder if Britannia have ever asked a judge for "the insurance certificate for the vehicle to reviewed as evidence, to determine who was able to drive the vehicle at the time of the contravention."

    Statements like that make Britannia look complete idiots, lacking the knowledge that anyone with motor insurance can drive any car. Wish I'd remembered about that one when I did my consultation response.

  • GDB2222
    GDB2222 Posts: 27,093 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    I was surprised that they were threatening to sue me, even though they don’t know whether I was the driver. It seems like harassment?

    No reliance should be placed on the above! Absolutely none, do you hear?
  • James_Poisson
    James_Poisson Posts: 736 Forumite
    500 Posts Photogenic Name Dropper

    They will make any threat they think of it's all about greed and bluff.

  • GDB2222
    GDB2222 Posts: 27,093 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    I've now received the following pretty incredible response:

    Thank you for your appeal received on 14/05/2026 regarding the above Parking Charge.
    We have considered your appeal and comments you have made; in conjunction with any evidence
    you have provided and the photographs we have on record.
    The Parking Charge was issued to your vehicle because you over stayed the maximum time
    permitted for parking at this car park. The store operates as a 90 minutes maximum stay car park.
    Please be aware that you have been notified under paragraph 9(2)(b) of schedule 4 of the
    Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking
    charge in full.
    You are advised that if, after 28 days from the date given, (which is presumed to be the second
    working day after the date Issued), the Parking Charge has not been paid in full and Britannia
    Parking do not know both the name and current address of the driver, we have the right to recover
    any unpaid part of the Parking Charge from the registered keeper. This warning is given to you
    under Paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our
    compliance with the applicable conditions under Schedule 4 of that Act.
    Should we be provided with an incorrect address for service, we will pursue the registered keeper
    for any Parking Charge that remains unpaid. Therefore, after 28 days if you have not provided us
    with the driver’s name and address you will be liable to pay the Parking Charge, regardless of whether

    you were the driver at the time or not.
    Britannia Parking is an active member of the British Parking Association (BPA) and we follow their
    Approved Operators Scheme, Code of Practice at all times. We meet all signage requirements
    under the BPA's Code of Practice regarding signage and notifying the driver of the terms and
    conditions.
    British Parking Association Code of Practice - Consideration and Grace Periods
    Where a parking location is one where a limited period of parking is permitted (Max stay), or where
    drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this
    would be considered as a parking event and a Grace Period of at least 10 minutes must be added
    to the end of a parking event before a Parking Charge can be issued.
    Neither a consideration period or a grace period are periods of free parking and there is no
    requirement for Britannia Parking to offer an additional allowance on top of a consideration or grace
    period.
    We give motorist a 10 minute grace period at the end of parking event to leave the car park before a
    Parking Charge is issued, which is within the BPA guidelines.
    After 90 minutes of parking, your 10 minute grace will commence, if the driver has not left the
    car park by the time the 10 minute grace period has been reached, a Parking Charge will be issued
    for breaching the terms and conditions of the car park.
    Therefore, we consider the Parking Charge to be valid and correctly issued.
    Having considered the content of your letter and our internal review, as this is your first Parking
    Charge appeal, we are prepared to cancel the notice; with the understanding that you will not
    continue to breach the terms and conditions; as you are now aware of the maximum stay time
    permitted for this car park.

    It all seems incredibly muddled, given they admitted first time round that it's not POFA compliant. Are they always this ridiculous?

    No reliance should be placed on the above! Absolutely none, do you hear?
  • Coupon-mad
    Coupon-mad Posts: 163,040 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    "It all seems incredibly muddled, given they admitted first time round that it's not POFA compliant. Are they always this ridiculous?"

    No that is a real dog's dinner of a reply! Hilarious. Maybe they got a new staff member who selected any old template paragraphs but is letting people off.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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