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       #Post#: 51382--------------------------------------------------
       PCN Lullingstone Car Park
   DIR By: Swifty
       Date: December 30, 2024, 10:17 am
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       I received the attached ticket yesterday and I'm a bit annoyed.
       I'm the registered keeper but not the driver. Having spoken to
       the driver they inform me that they drove into the area and had
       an unexpected phone call while parking, about 40mins in length.
       When they got out to use the services they noticed the parking
       charges and decided not to park and left. They have offered to
       pay the fine but it seems a bit excessive to me, any advice
       greatly received.
       [attachment deleted by admin]
       #Post#: 51390--------------------------------------------------
       Re: PCN Lullingstone Car Park
   DIR By: DWMB2
       Date: December 30, 2024, 10:32 am
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       You've redacted a bit too much info there - we could do with
       seeing the dates and times on the notice.
       --- Quote from: Swifty link ---
       >
       > they drove into the area and had an unexpected phone call
       while parking, about 40mins in length. When they got out to use
       the services they noticed the parking charges and decided not to
       park and left.
       >
       --- End Quote ---
       With the best will in the world, it seems a bit of a stretch to
       say they 'decided not to park' after being there for 40 minutes.
       There are likely to be other grounds upon which you can
       challenge the parking charge, but you'll struggle to convince
       many people that the car was not parked.
       #Post#: 51398--------------------------------------------------
       Re: PCN Lullingstone Car Park
   DIR By: b789
       Date: December 30, 2024, 11:10 am
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       Easy one to defeat... as long as the unknown drivers identity is
       not revealed. There is no legal obligation on the known keeper
       (the recipient of the Notice to Keeper (NtK)) to reveal the
       identity of the unknown driver and no inference or assumptions
       can be made.
       The NtK is not compliant with all the requirements of PoFA
       because the land is not "relevant land" which means that if the
       unknown driver is not identified, they cannot transfer liability
       for the charge from the unknown driver to the known keeper.
       Lullingstone Country Park is council owned land under statutory
       control. As such, PoFA does not apply. Here is an interesting
       article about the Local Government Ombudsman warning Kent County
       Council about issuing PCNs under PoFA at this very location:
       Ombudsman urges councils to check legislation supporting their
       parking policies
  HTML https://www.localgovernmentlawyer.co.uk/transport-and-highways/443-transport-and-highways-news/39744-ombudsman-urges-councils-to-check-legislation-supporting-their-parking-policies
       Use the following as your appeal. No need to embellish or remove
       anything from it:
       --- Quote ---
       > I am the keeper of the vehicle and I dispute your 'parking
       charge'. I deny any liability or contractual agreement and I
       will be making a complaint about your predatory conduct to your
       client landowner.
       >
       > As your Notice to Keeper (NtK) cannot rely on PoFA 2012 due to
       the fact that the location is not "relevant land", you are
       unable to hold the keeper of the vehicle liable for the charge.
       There will be no admission as to who was driving and no
       inference or assumptions can be drawn. ECP has relied on
       contract law allegations of breach against the driver only.
       >
       > The registered keeper cannot be presumed or inferred to have
       been the driver, nor pursued under some twisted interpretation
       of the law of agency. Your NtK can only hold the driver liable.
       ECP have no hope at POPLA, so you are urged to save us both a
       complete waste of time and cancel the PCN.
       --- End Quote ---
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