URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Private parking tickets
       *****************************************************
       #Post#: 109813--------------------------------------------------
       Euro car parks
   DIR By: Sufi
       Date: February 14, 2026, 9:52 am
       ---------------------------------------------------------
       Hi All,
       Would it be possible to get help with this private parking
       charge notice please .
       What's transpired is the drivers of the vehicle were using the
       entrance and exit of this car park as a way to avoid the speed
       bumps to get to Simply Gym which is located at the end of the
       retail park the driver never actually parked within this car
       park but would park in the designated parking for Simply Gym
       which has nothing to do with the retail park parking. The driver
       thinks it might be a case of double dip where the camera hasn't
       logged their exit and is 100 percent certain they have never
       parked in this car park and would have no reason to as simply
       gym has ample parking in the evening..I have taken pictures of
       the signs for the entrance to the car park and the notice to
       keeper that has been received. I will add the links for the pics
       Thank you
       #Post#: 109814--------------------------------------------------
       Re: Euro car parks
   DIR By: Sufi
       Date: February 14, 2026, 9:56 am
       ---------------------------------------------------------
  HTML https://ibb.co/21Mpk5Tq
  HTML https://ibb.co/nMznCCbc
  HTML https://ibb.co/6dMXtt3
  HTML https://ibb.co/HpYTyVTN
       #Post#: 109816--------------------------------------------------
       Re: Euro car parks
   DIR By: Brenda_R2
       Date: February 14, 2026, 10:13 am
       ---------------------------------------------------------
       The NtK is not strictly PoFA compliant as there is no
       "invitation", nor any synonym of the word, for the keeper to pay
       the charge.
       Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms
       Act 2012 states that the notice must explicitly invite the
       keeper to pay the unpaid parking charges. The wording must
       clearly convey this invitation, and mere implication or indirect
       suggestions are insufficient.
       Others more wise than myself will undoubtedly be along to point
       out any other fatal flaws contained in the invoice you've
       received.
       #Post#: 109908--------------------------------------------------
       Re: Euro car parks
   DIR By: Sufi
       Date: February 15, 2026, 4:54 pm
       ---------------------------------------------------------
       Hi Brenda ,
       would you know how I should respond to this please , I think I
       have to do it by the 17th .
       #Post#: 109948--------------------------------------------------
       Re: Euro car parks
   DIR By: Brenda_R2
       Date: February 16, 2026, 10:21 am
       ---------------------------------------------------------
       Well I wouldn't put too much effort into it, they'll reject it
       regardless - entirely expected and not a setback in the least.
       Something like:
       I have your invoice.  I am the keeper of the vehicle and I
       dispute your "parking charge". I deny any liability or
       contractual agreement.
       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.
       Besides, other shortfalls, as an example, your NTK fails
       Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms
       Act 2012 insofar as it must explicitly invite the keeper to pay
       the unpaid parking charges. The wording must clearly convey this
       invitation, and mere implication or indirect suggestions are
       insufficient.
       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. You have 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.
       There are two options available you now - either cancel the
       invoice or provide me with a POPLA code.
       With measured indifference,
       #Post#: 110003--------------------------------------------------
       Re: Euro car parks
   DIR By: DWMB2
       Date: February 16, 2026, 5:42 pm
       ---------------------------------------------------------
       It might be helpful to get some sort of photographic evidence of
       the layout, showing how such a double dip may have occurred, to
       back up any such argument.
       #Post#: 110013--------------------------------------------------
       Re: Euro car parks
   DIR By: InterCity125
       Date: February 17, 2026, 1:57 am
       ---------------------------------------------------------
       FWIW, I had a quick look on Google Maps and it is immediately
       obvious how this could occur at this location.
       #Post#: 110031--------------------------------------------------
       Re: Euro car parks
   DIR By: Sufi
       Date: February 17, 2026, 4:39 am
       ---------------------------------------------------------
       sorry, would I appeal on the double dip basis or what Brenda has
       kindly written out for me that the notice isn't strictly "Pofa
       compliant" or both.
       #Post#: 110033--------------------------------------------------
       Re: Euro car parks
   DIR By: RichardW
       Date: February 17, 2026, 4:54 am
       ---------------------------------------------------------
       In this case I would appeal on the double dip basis - as the
       keeper, and by saying the 'driver did'.  Words along the lines
       of not parked, just drove though to access Simply Gym, a proper
       check of your ANPR will show the car entering and leaving in
       quick succession twice.  If possible you could upload a map
       showing the route taken.
       They might accept, but if they don't you can advance the double
       dip argument and add the POFA non compliance at the POPLA stage.
       #Post#: 110045--------------------------------------------------
       Re: Euro car parks
   DIR By: Sufi
       Date: February 17, 2026, 5:31 am
       ---------------------------------------------------------
       Thanks you to all of you that have responded, I will try the
       double dip route first and if that fails then the "pofa
       compliant" a big thank you to Brenda for literally writing out
       my appeal..I will come back here with an update .
       *****************************************************
       Page 1 of 2
   DIR Next Page