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#Post#: 56420--------------------------------------------------
Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: The_Jargen
Date: February 3, 2025, 12:17 pm
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Hi All,
I received a PCN today for not being parked wholly in a bay. Do
I have any leg to stand on? Where do I go from here?
HTML https://imgur.com/a/XwhZ5FK
Regards,
[attachment deleted by admin]
#Post#: 56432--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: Sander333
Date: February 3, 2025, 1:10 pm
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As a registered keeper I have recently received a similar PCN in
the Swansea area. I would advise to await advice from more
senior and experienced members. In the meantime it may be worth
looking at my thread to see if there is any useful info for you.
#Post#: 56487--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: b789
Date: February 3, 2025, 6:33 pm
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--- Quote from: The_Jargen link ---
>
> Hi All,
>
> I received a PCN today for not being parked wholly in a bay.
Do I have any leg to stand on? Where do I go from here?
>
>
HTML https://imgur.com/a/XwhZ5FK
>
> Regards,
>
--- End Quote ---
Of course you have a leg to stand on. First of all, was there a
reason why the driver parked on the hashed area of the bay? Was
this a disabled bay/parent-child bay or was the one adjacent to
it?
For now, follow this advice:
Easy one to deal,with... 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 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.
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) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Premier Park 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.
Premier Park have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 56497--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: The_Jargen
Date: February 4, 2025, 1:09 am
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Thank you Sander and b789, I have now appealed and shall await
the response. I'll keep this thread update as I hear more.
Regards.
#Post#: 56520--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: b789
Date: February 4, 2025, 4:35 am
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Errr... did you not read this bit?...
--- Quote from: b789 link ---
>
> First of all, was there a reason why the driver parked on the
hashed area of the bay? Was this a disabled bay/parent-child bay
or was the one adjacent to it?
>
--- End Quote ---
#Post#: 56527--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: The_Jargen
Date: February 4, 2025, 5:00 am
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Sorry, completely overlooked that bit. This was not a disabled
bay/parent-child bay, but I do believe there was one adjacent to
it.
#Post#: 56528--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: b789
Date: February 4, 2025, 5:04 am
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Is that a metal post within the boundary of the parking bay?
HTML https://i.imgur.com/MhE0Gq4.png
#Post#: 56540--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: The_Jargen
Date: February 4, 2025, 5:53 am
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I'm not 100% sure but looking on google maps image capture from
2023 they are outside the parking bay on the footpath.
#Post#: 57365--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: The_Jargen
Date: February 10, 2025, 3:35 am
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This is the response I received back.
--- Quote ---
> Dear XXX,
>
> Thank you for your appeal against the above Parking Charge
Notice (PCN). We have carefully considered your appeal, however
on this occasion the appeal has been rejected for the following
reason;
>
> Whilst we note the comments and reason for appeal, as per our
photographic evidence, the vehicle was parked in contravention
of the advertised terms and conditions. As the vehicle was not
parked fully within a bay, we can confirm that this PCN has been
issued correctly.
>
> You have now reached the end of our internal appeals procedure
and therefore you now have two options; you can either pay or
appeal to POPLA - you cannot do both:
--- End Quote ---
#Post#: 57394--------------------------------------------------
Re: Not parked Wholly within bay (Arena Car Park Coventry)
DIR By: b789
Date: February 10, 2025, 5:37 am
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Not unexpected. No initial appeal will ever be accepted by them.
There is no money in it for them.
You have 33 days (5 days for service + 28 days) from the date of
the appeal rejection to submit your POPLA appeal.
Before we do that, I suggest. you do a search of the forum for
other POPLA appeals and see if you can put something together
yourself and show us before you do anything so we can make sure
it is all correct before submitting.
The reasons that the NtK is not PoFA compliant is because it
does not fully comply with all the requirements of PoFA 2012
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted,<br
/>namely paragraphs 9(2)(a) and 9(2)(e)(i).
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