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#Post#: 59627--------------------------------------------------
Britannia Parking overstayed 3 hour limit.
DIR By: norton
Date: February 25, 2025, 8:18 am
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Received this today. I used to be quite familiar with the
procedures to deal with these, but its been a long while since I
received one.
The driver visited a pub which apparently had a 3 hour time
limit, and the customer was supposed to register to stay longer.
The driver was not aware of this and didn't see any signs,
although they could well be there. entry and exit to the car
park was at night, in a badly lit car park. The photos are not
clear to show the vehicle and/or driver. The alleged overstay
was for 17 minutes. The date of the overstay was 07/02 and the
letter arrived 25/02. Is there a 14 day rule that applies here?
Any advice would be appreciated as the registered keeper of the
vehicle in question. Please see attached PDF of the notice
[attachment deleted by admin]
#Post#: 59683--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: b789
Date: February 25, 2025, 12:42 pm
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Have you tried Plan A yet? Go to the pub and ask the management
why, as a patron of their pub you have received a speculative
invoice for £100 from an ex-clamper, unregulated private parking
company. As the pub most likely contracted Britannia to "manage"
their parking, they can also get them to cancel the Parking
Charge Notice (PCN).
Whatever you do, you are asking them as the Keeper of the
vehicle. No one but you knows who the driver was. You simply
refer to the driver in the third person ("the driver did this or
that").
The Notice to Keeper is not fully compliant with all the
requirements of PoFA to be able to hold the Keeper liable. It
also has some sirups breaches of the BPA/IPC Private Parking
Single Code of Practice (PPSCoP) which can also be relied on at
POPLA if necessary.
You can also send them a formal complaint about their PPSCoP
breaches and put them to strict proof that they actually posted
the notice within the statutory time to be given in accordance
with the PoFA timeframe. They are required to be able to provide
proof of the actual date the notice entered the postal system,
not just the date they send it by hybrid mail to their mail
consolidator. They won't have this and will make up all sorts of
pathetic excuses but it does make their life a tiny bit more
miserable and gives us all some Schadenfreude knowing that "they
don't like it up 'em!"
#Post#: 60305--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: norton
Date: March 3, 2025, 4:01 am
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Hi - Thanks for the advice. I've attempted plan A and contacted
the pub but I don't seem to have got very far with that. The
manager seems to be ignoring me. Appreciate any advice as to my
next step. :-)
#Post#: 61179--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: norton
Date: March 7, 2025, 8:38 am
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Got the first reminder through today, looks like I'm going to
have to do something. Anyone have any further advice for me?
#Post#: 61204--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: b789
Date: March 7, 2025, 11:08 am
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Appeal as the Keeper with the following:
--- Quote ---
> I am appealing this Parking Charge Notice as the registered
keeper of the vehicle.
>
> Your Notice to Keeper (NtK) fails to comply with all the
requirements of Schedule 4 of the Protection of Freedoms Act
2012 (PoFA), meaning you cannot hold me liable for the charge.
Partial or even substantial compliance is not sufficient.
>
> It also fails to meet all the mandatory requirements of the
BPA/IPC Private Parking Single Code of Practice (PPSCoP). As you
are fully aware, compliance with both PoFA and the PPSCoP is a
condition of your KADOE contract with the DVLA, and your failure
to adhere to these conditions not only renders this charge
invalid but will be highlighted in a formal complaint to the
DVLA for investigation.
>
> Your NtK fails to meet the following statutory conditions in
order to transfer liability to the keeper, including but not
limited to:
>
> [indent]• PoFA 9(2)(e)(i): Fails to include the mandatory
‘invitation’ wording for the keeper to pay or name the driver.
> • PoFA 9(2)(f): Incorrect payment deadline, failing to allow
the full 28 days before further enforcement action.
> • PoFA 9(2)(h): Fails to clearly identify the creditor to whom
the charge is owed.
> • PoFA 9(4): Serious doubt over whether the NtK was posted on
the date of issue, as it was received significantly later than
expected under the presumption of service.[/indent]
>
> Since PoFA liability is only enforceable if ALL mandatory
conditions are met, and your notice fails multiple key
requirements, you cannot lawfully hold me liable for this
charge.
>
> Your NtK also fails to meet the standards set out in the
PPSCoP, including but not limited to:
>
> [indent]• Incorrect payment deadline, failing to allow the
required 28-day period before enforcement action.
> • Misuse of DVLA data by pursuing a charge where PoFA
conditions have not been met.
> • Failure to comply with the mandatory conditions of PoFA
Schedule 4, which means keeper liability cannot be enforced.
> • Failure to clearly and properly identify the legal entity
acting as the creditor.
> • Doubt over whether the NtK was actually posted on the stated
issue date, raising concerns about misleading
documentation.[/indent]
>
> As I fully expect this appeal will inevitably be rejected,
regardless of its merit, as that is the standard practice of
rogue/cowboy private parking operators, I do not intend to
expand on these breaches in this initial appeal. However, if
Britannia wish to waste their money funding a full POPLA appeal,
where you are bound to fail, then be my guest. At that stage, I
will expand on each and every failure in full, including why
continuing to process the DVLA data when the NtK itself is
non-compliant, Britannia is acting unlawfully.
>
> Alternatively, you can do the sensible thing, save us both a
complete waste of time and cancel this unenforceable PCN now.
--- End Quote ---
#Post#: 61207--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: DWMB2
Date: March 7, 2025, 11:26 am
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--- Quote ---
> Misuse of DVLA data by pursuing a charge where PoFA conditions
have not been met.
--- End Quote ---
Perhaps "Misuse of DVLA data by falsely claiming keeper
liability, when PoFA conditions have not been met"
They're entitled to use DVLA data to issue a parking charge -
what they can't do is claim to be able to recover from the
keeper when they haven't met the necessary conditions to do so.
#Post#: 62826--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: norton
Date: March 17, 2025, 6:16 am
---------------------------------------------------------
Thanks both for your replies. Unfortunately I didn't see your
messages in time, so replied broadly on the same lines without
the detail. I complained about the quality of the "photo
evidence" and that the letter had arrived outside the specified
time frame.
I got the reply below today - please see their attachment for
the "proof of postage" I've replied with the information you
gave above, and also stated that this "Unity 5" document does
not qualify as proof of postage - this seems to be a third party
cloud based app they use to process their letters. It doesn't
prove it entered the royal mail system who delivered the letter.
Good Morning,
Thank you for your email.
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.
Please be aware that this site is an ANPR (Automatic Number
Plate Recognition) controlled car park. It is not feasible to
calibrate the ANPR system to recognise the driver.
Our cameras are designed to only capture the vehicle and the
registration plates.
Due to GDPR, should the images capture motorist faces, we will
black these out. Therefore, we are unable to provide you with
photographic evidence of the driver at the time of the
contravention.
It is the keeper’s responsibility to make sure that only
authorised individuals are entitled to use their vehicle.
Please provide us full details including name and address of the
driver at the time of the contravention otherwise, as registered
keeper you may hold liable for the Parking Charge.
​
Please see attached requested postage certificate.
Please be informed that the Parking Charge has been issued and
sent to you on 13/02/2025 the contravention had place on
07/02/2025, therefore Parking Charge has been issued and sent
within 14 days.
Britannia Parking cannot be held responsible for postal
correspondence once they have entered Royal Mails postal system.
Kind Regards,
Magdalena
Client Services Administrator
Britannia Parking, 7th Floor, County Gates House, 300 Poole
Road, Poole, BH12 1AZ
Tel: 01202 555888
Web: www.britpark.com
[attachment deleted by admin]
#Post#: 62830--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: G6PRK
Date: March 17, 2025, 6:32 am
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Would be useful to see the actual wording of your appeal.
#Post#: 62836--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: norton
Date: March 17, 2025, 7:01 am
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Sorry, just been through my sent items and I don't seem to have
the original appeal wording. I guess its not in email form, and
I didn't save a copy... however I did get this initial reply to
my appeal.
Thank you for your appeal. Please provide us proof of purchase
at the pub (E.g receipt showing
food/drink was purchased or a bank statement) and we will review
this with your appeal.
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 28
day deadline.
Please email your additional evidence to
parkingcharges@britpark.com referencing your Parking
Charge Number and Vehicle Registration or send it to our
registered head office address in Poole
I assume here that they were trying to get me to admit to being
the driver, since if I had a receipt it would prove I was there!
I replied as follows :-
Hi
Thanks for your message.
I am responding as the registered keeper of the vehicle. We are
still at the stage of verifying the legality of your notice
before we move on to identifying the driver.
Please provide the proof of postage I requested. You are obliged
to have got this notice to me within 14 days which you failed to
do.
Once we have addressed this plus other breaches of the standards
you need to comply with, we can move on.
Unless you can provide proof of postage I don’t think we will
get to the driver identification stage.
#Post#: 62841--------------------------------------------------
Re: Britannia Parking overstayed 3 hour limit.
DIR By: jfollows
Date: March 17, 2025, 7:15 am
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The things they’re asking for can never be proof of who the
driver was, although I’m sure they’d like you to divulge this by
accident. Surely a passenger can buy food or drink in a pub?
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