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#Post#: 127430--------------------------------------------------
PCN for parking for driving in a parking monitored area
DIR By: shahcar
Date: August 10, 2026, 2:50 pm
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Hi.
My car was used to train someone in a residential area in London
with parking controlled area.
I have received PCN as NTK. The Parking & Property management
Ltd said car was there for 17 minutes although I think it was
much less than that. They 15 minutes would have been OK but that
2 minutes made the PCN.
I have asked the proof of parked car which they didn't provided
as the car has never parked there. Just provided entry and exist
of the car.
They have rejected my appeal and asked for £100.
Then BW-Legal came into picture asking £170 which I ignored till
now that they have send "letter of claim".
May I get some advice please as how to proceed?
Many thanks
#Post#: 127448--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: InterCity125
Date: August 11, 2026, 12:54 am
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Can we please see the original PCN? Redact only personal info.
Leave dates and location visible.
#Post#: 127452--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: shahcar
Date: August 11, 2026, 2:44 am
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Hi,
Thank you for the reply.
Here is the original PCN.
HTML https://ibb.co/kVqz96sf
Looking forward hearing from you
#Post#: 127468--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: RichardW
Date: August 11, 2026, 6:25 am
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Please also post the Letter of Claim.
The NTK is not compliant with POFA to transfer liability to the
keeper; hopefully you haven't given the driver's ID away in the
appeals to date. It also refers repeatedly to 'parking' but as
you say, no parking took place. Any chance you get pics of the
signs at the location? Not on street view, and a rubbish lorry
is blocking the entrance - but the signs do appear to say
Residents Only.
Not much you can do just now if you intend to dispute at court
but you should reply to the LOC setting out your position.
#Post#: 127485--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: shahcar
Date: August 11, 2026, 7:56 am
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Hi,
Here is the LoC
HTML https://ibb.co/99XKjC2D
and the sign
HTML https://ibb.co/4wByLnBL
The LoC is like 10 pages plus a 3-page response form.
I have asked from the parking company for proof of my car parked
there which they did not. There were 2 people in car who would
testify the car was in the move all the time.
I have not given the drivers ID.
The sign says to park you need permit but that car never has
been parked there and they are just referring to the ANPR
pictures.
Could you please guide me how to respond to the LoC please?
Thanks
#Post#: 127487--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: shahcar
Date: August 11, 2026, 8:03 am
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When you say "The NTK is not compliant with POFA to transfer
liability to the keeper" what action can I take against them?
Is there any template here to respond to LoC?
Thanks
#Post#: 127558--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: RichardW
Date: August 11, 2026, 4:44 pm
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You can't take any action - only wait for a court claim, and
this will form part of the defence.
Reply to the LOC should be along the lines of denying liability
as keeper, there being no ability to transfer liability due to
failings in the NTK to comply with Protection of Freedoms Act.
It looks to me like the not parked line is also relevant as the
sign says Terms and lists effectively 3, one of which is parking
without permit, then it says charge payable if you break terms.
I.e. no charge if not parked. Draft something up, and post it
for comments.
#Post#: 127575--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: shahcar
Date: August 12, 2026, 2:04 am
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At what ground shall I say that they failed the NTK to comply
with Protection of Freedoms Act? How did they fail it? As I
understood if they meet the condition they can do it.
Thanks
#Post#: 127579--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: RichardW
Date: August 12, 2026, 2:48 am
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Here are the requirements:
--- Quote ---
>
> 9(1)A notice which is to be relied on as a notice to keeper
for the purposes of paragraph 6(1)(b) is given in accordance
with this paragraph if the following requirements are met.
>
> (2)The notice must—
>
> (a)specify the vehicle, the relevant land on which it was
parked and the period of parking to which the notice relates;
>
> (b)inform the keeper that the driver is required to pay
parking charges in respect of the specified period of parking
and that the parking charges have not been paid in full;
>
> (c)describe the parking charges due from the driver as at the
end of that period, the circumstances in which the requirement
to pay them arose (including the means by which the requirement
was brought to the attention of drivers) and the other facts
that made them payable;
>
> (d)specify the total amount of those parking charges that are
unpaid, as at a time which is—
>
> (i)specified in the notice; and
>
> (ii)no later than the end of the day before the day on which
the notice is either sent by post or, as the case may be, handed
to or left at a current address for service for the keeper (see
sub-paragraph (4));
>
> (e)state that the creditor does not know both the name of the
driver and a current address for service for the driver and
invite the keeper—
>
> (i)to pay the unpaid parking charges; or
>
> (ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
>
> (f)warn the keeper that if, after the period of 28 days
beginning with the day after that on which the notice is given—
>
> (i)the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
>
> (ii)the creditor does not know both the name of the driver and
a current address for service for the driver,
>
> the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
> (g)inform the keeper of any discount offered for prompt
payment and the arrangements for the resolution of disputes or
complaints that are available;
>
> (h)identify the creditor and specify how and to whom payment
or notification to the creditor may be made;
>
> (i)specify the date on which the notice is sent (where it is
sent by post) or given (in any other case).
>
> (3)The notice must relate only to a single period of parking
specified under sub-paragraph (2)(a) (but this does not prevent
the giving of separate notices which each specify different
parts of a single period of parking).
>
> (4)The notice must be given by—
>
> (a)handing it to the keeper, or leaving it at a current
address for service for the keeper, within the relevant period;
or
>
> (b)sending it by post to a current address for service for the
keeper so that it is delivered to that address within the
relevant period.
>
> (5)The relevant period for the purposes of sub-paragraph (4)
is the period of 14 days beginning with the day after that on
which the specified period of parking ended.
--- End Quote ---
At least 2 (e) and (f) is missing.
#Post#: 127583--------------------------------------------------
Re: PCN for parking for driving in a parking monitored area
DIR By: shahcar
Date: August 12, 2026, 3:10 am
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I can see in the original PCN those matters have been mentioned
and asked me to tell them the name and address of the driver and
the PCN says this has been sent to me under the paragraph 9-2-f
of POFA.
Can I still say they cannot transfer the liability to keeper?
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