Help!

My partner's received a notice through for overstaying the two hour parking period (by 33 mins,)

which has recently changed from three hours (but has been signposted).

We stopped for a brew first and then went clothes shopping

- I do have a receipt for there for around £120 worth of clothes

and we were genuinely in there so should we appeal?

Info as follows:

1 Date of the infringement - 14th May

2 Date on the NTK - 18th May

3 Date received - not sure, we've just got back from Holiday and it was here when we arrived

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? - No

5 Is there any photographic evidence of the event? - Pics of car entering and leaving carpark

6 Have you appealed? - Not yet but plan to.

Have you had a response?

7 Who is the parking company? Horizon

Many thanks in advance for your help with this.

Emma

Can you post up the letter received with your personal details redacted,

ie keeper details, reference number on letter, car reg etc.

We will need to see what they say if they dont mention the PoFA

to see if it is compliant with the law to create a keeper liability

or whether they just assume that the driver and keeper ar one and the same.

Do not respond to them until we have had a chance of offering our tuppence worth

Will try and get a copy up tonight, if not first thing in the morning. Thanks for the reply.

Emma

Parking Notice (1).pdf

Well, not PoFA compliant because they dont say they are using the PoFA to create a keeper liability

and also they fail to say who the creditor is.

(obviously you are supposed to assume it is them but that is not how the law works and they should know it).

They also want to claim £1.50 for paying with a card,

well that isnt on either as it is not a payment for a service or goods

but supposedly a contractual sum so the sum is either £40 or £70, not £41.50 or £71.50.

Again they are misunderstanding what the money is for on purpose

because the idea of it being an amount that is not damages or a schedule of loss is supposed to cover all of their costs.

They rely on ignorance (not sure whether they are reliant on others ignorance or theirs) to grab the extra.

How to respond?

I would tell them that the notice you received as the keeper of the vehicle

does not create a keeper liability under the PoFA

and therefore they should now take the matter up with the driver at the time

(who you are not obliged to identify).

complain to Sainsburys Head Office and the DVLA about your vehicle details being obtained

by these people when they had no cause to do so as there is no keeper liability.

a single complaint wont get much of a response

but the DVLA has had thousands and thousands of these

and one day someone will have to make a decision

about the doling out of personal data without a good reason.

' As registered keeper of vehicle reg no. XXX XXX, l have received your invoice ref no. XXXX XXXX.

I wish to make it clear that as registered keeper I am not liable for this charge.

Please cancel this charge forthwith, or alternatively issue a valid code for the independent appeals service POPLA.

I am under no obligation to name the driver at the time of the event, and will not be doing so.

Enclosed is a copy of the drivers receipt. '

Send that , as RK, to Horizon and it should get cancelled.

At the same time complain vigorously to Sainsburys about how they let their agents treat paying customers. This should get the charge cancelled as well...

Thank you both so much, will send that now on their online complaints.

Will update how we get on, and yes, a trip to Sainsbury is planned to kick off!

Hi

Just adding a thought here. Some sites that had planning permission stipulated how long vehicles could stay for and if that has been changed, permission for that change should have been sought.

It may be worth contacting the councils planning department so see if:

a) whether parking times were included in the initial PP (and if yes)

b) When the reduction came into being, was there another application to do so.

That is very true for just about every Morrisons that was previously a Safeway store. their planning application usually had 3 hrs free parking and some even had all day. When the parking co's shortened that to 1 or 2 hrs they didnt have the planning approval so a criminal act and thus no contract acn be formed. Always check with the planning dept before you fire off any letters to the parking co and keep it in reserve should they turn nasty (but let the council know they are in breach of the planning consent)