DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 107107--------------------------------------------------
Parking Charge @ Brockwell Lido, Herne Hill SE24
By: nasmin Date: January 23, 2026, 9:34 am
---------------------------------------------------------
Hello
I hope you can help.
The driver has received a PCN for a failure to pay for duration
of stay at Brockwell Lido. Images of the PCN below.
[img width=135
height=180]
HTML https://i.postimg.cc/QK3fBbX2/IMG-4983.jpg[/img]
HTML https://postimg.cc/QK3fBbX2
[img width=135
height=180]
HTML https://i.postimg.cc/k2pwN9Jv/IMG-4984.jpg[/img]
HTML https://postimg.cc/k2pwN9Jv
Things to note which may help
1. The signs have been up requiring payment for car parking
2. The driver has used the car park for the past two / three
years and as is common practice not registered on the app (there
is two hours free parking) and has never received a notification
or PCN
3. On the day in question - the driver was blocked in by another
car and couldn't get out. In the end had to leave and return
later and get help from the member of the gym to reverse the car
out as the other car had not moved.
Thank you
#Post#: 107301--------------------------------------------------
Re: Parking Charge @ Brockwell Lido, Herne Hill SE24
By: Hippocrates Date: January 25, 2026, 8:45 am
---------------------------------------------------------
@b789 Please can you help?
#Post#: 107351--------------------------------------------------
Re: Parking Charge @ Brockwell Lido, Herne Hill SE24
By: RichardW Date: January 26, 2026, 1:12 am
---------------------------------------------------------
Plan A should be to approach the Lido and see if they can
arrange cancellation.
If not, in this case there appear to be shortcomings in the NTK
that would prevent transfer of liability (no identification of
the creditor, and the warning paragraph per 9.1.f of POFA is not
present). So a 2 pronged appeal to Gemini on the basis of
frustration of contract (i.e. you wanted to leave but were
prevented from doing so by factors beyond your control) and that
the NTK is not compliant with POFA to transfer liability looks
in order. They are unlikely to cancel it however, and they are
IPC so appeals are to IAS - who almost never uphold appeals, so
don't get your hopes up.
If Plan A and the appeal fails, then you will have to weather
the storm of debt collection letters, and wait for a court
claim, which is usually easily defended.
#Post#: 107370--------------------------------------------------
Re: Parking Charge @ Brockwell Lido, Herne Hill SE24
By: nasmin Date: January 26, 2026, 5:44 am
---------------------------------------------------------
Thank you for your response. It is much appreciated.
I have spoken to the Lido and they unfortunately stated that the
car park is nothing to do with them, so cannot cancel the
ticket.
Based on the previous entries to Gemini I wonder if you could
comment on whether the following is a suitable response.
I am the keeper of the vehicle and I dispute your 'parking
charge' on two points. I deny any liability or contractual
agreement and I will be making a complaint about your predatory
conduct to your client landowner.
1.
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. Gemini 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
a poor interpretation of the law of agency. Your NtK can only
hold the driver liable. Gemini will not be successful in any
litigation, so are urged to save time and cancel the PCN.
2.
Contract in their defence. The contract was formed between the
Claimant and the driver, in which the Claimant granted the
consideration of free parking for 120 minutes, in return for a
promise to leave within 120 minutes on the part of the driver.
There was, in this case, a change in circumstances which was not
the fault of either party, and which rendered it impossible for
the driver to perform the contract. Specifically, the driver was
blocked by another driver from exiting the car park and sought
to find said driver without success (in the nearby facilities).
Where a contract is found to be frustrated, each party is
discharged from future obligations under the contract and
neither party may sue for breach. The allocation of loss is
decided by the Law Reform (Frustrated Contracts) Act 1943, but
in this case there was no loss to the Claimant at the time the
contract was breached, and so they have no valid claim for £100
or any amount at all. The case of Nicholl and Knight v Ashton,
Eldridge & Co [1901] 2 KB 126 provides authority for this.
#Post#: 107794--------------------------------------------------
Re: Parking Charge @ Brockwell Lido, Herne Hill SE24
By: nasmin Date: January 28, 2026, 4:17 pm
---------------------------------------------------------
Hello - just following up to see if there were any comments on
the proposed response. Thank you in advance
#Post#: 107799--------------------------------------------------
Re: Parking Charge @ Brockwell Lido, Herne Hill SE24
By: DWMB2 Date: January 28, 2026, 5:17 pm
---------------------------------------------------------
That should do as an initial appeal.
#Post#: 107801--------------------------------------------------
Re: Parking Charge @ Brockwell Lido, Herne Hill SE24
By: nasmin Date: January 28, 2026, 5:19 pm
---------------------------------------------------------
Thank you kindly
*****************************************************