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#Post#: 62952--------------------------------------------------
Open Parking – Parked on a crosshatch – University of Liverpool
carpark”
DIR By: mysticmerch
Date: March 17, 2025, 2:34 pm
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Hi all long time follower first time making an account and
posting.
Received a parking charge notice from my works carpark managed
by open parking in Liverpool for being parked on a cross hatch
when the carpark was full. Bear in mind the driver comes to work
45 mins early every day to get a space and this time it was full
and had to park on a crosshatch. Not dangerously or in the way
but on a crosshatch. When the driver entered the carpark they
were charged to park in the carpark and so if they were to leave
the carpark and park somewhere else they would be paying twice.
That bit of backstory is just to add context as to why i am
frustrated about the ticket. I have now received a letter from
open parking northampton saying that the driver is invited to
pay a £60 parking charge.
After a bit of research open parking are a member of a trade
body as i understand my options seem to be ignore, send them a
letter saying i am not going to pay or appeal.
Looking for advice as i don't want to pay the charge but i also
don't want debt collectors coming after me or a CCJ.
Any advise is appreciated thanks!
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#Post#: 62953--------------------------------------------------
Re: Parking ticket from work carpark. Open Parking
DIR By: G6PRK
Date: March 17, 2025, 2:37 pm
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Can I suggest you read the following and adjust your thread
accordingly:
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 62964--------------------------------------------------
Re: Open Parking – Parked on a crosshatch – University of
Liverpool carpark”
DIR By: G6PRK
Date: March 17, 2025, 3:22 pm
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I note you've made some changes. There is still some detail in
there I'd be inclined to remove.
The parking operator cannot pursue you as the keeper as the NtK
fails to meet the requirements of PoFA - specifically:
Paragraph 8(2)(a) - Failure to Specify the Period of Parking The
NtK only lists a single moment in time rather than the actual
period the vehicle was parked.
There are probably other failures to but my brain isn't working
and it doesn't really matter at this stage.
Since you have missed the chance to appeal, you have two
options:
1. Ignore the NtK and the likely debt collection letters to
follow
2. Complain to the operator, including details of an appeal as
follows:
--- Quote ---
> PCN No: [PCN NUMBER]
> Vehicle Registration Mark: [VRM]
>
> 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. Open Parking 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.
You are urged to save us both a complete waste of time and
cancel the PCN.
--- End Quote ---
Any mitigating circumstances are irrelevant at this stage. And
in your case, I don't imagine they'd get you anywhere in court
either. The chances are it will never make it there and if they
do, I would offer you a 99%+ chance of success if you follow the
advice on this forum.
Rest assured that there is no risk of a CCJ. Even if it proceeds
to court - so long as you pay you will have no issues.
#Post#: 63004--------------------------------------------------
Re: Open Parking – Parked on a crosshatch – University of
Liverpool carpark”
DIR By: b789
Date: March 17, 2025, 9:07 pm
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That sign is incapable of forming a contract as the terms are
illegible, even if it was in focus. You can appeal but you must
only do so as the Keeper. They have no idea of the drivers
identity unless you blab it to them, inadvertently or otherwise.
You must always refer to the driver in the third person. No "I
did tis or that". Only "the driver did this or that".
#Post#: 63506--------------------------------------------------
Re: Open Parking – Parked on a crosshatch – University of
Liverpool carpark”
DIR By: mysticmerch
Date: March 20, 2025, 1:09 pm
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Thank you both for the replies i really appreciate you taking
the time, its been very helpful.
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