UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ

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I've had a look at their PCN and it is not compliant with the Protection of Freedoms Act 2012.

Schedule 4 S9[2][a] states  (2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

There is no period of parking mentioned on the PCN at all. What it does show  is when you arrived and when you left. That is not the period of parking since you have to drive from the entrance to the parking spot and later, leaving the parking space and driving to the exit which cannot be described as parking.  But by using the arrival and leaving times as the parking criteria it makes it look as if you stayed  longer than you should because of the driving involved.  Because It also ignores the five  minute consideration period and the ten minute grace period  the extra driving time inclusion makes the over age time look worse than it is. 

And around Christmas shopping times there is often much more traffic than usual which could have added to your time. And that does not take into consideration what the individual circumstances of each motorist actually involve. Were there any children with you  possibly requiring them to have been strapped in chairs. Or perhaps there was a disabled person that required a wheel chair to be set up . All these delays would have been included in the parking period so would not have impinged on the time allowed in the car park. So you may have to think what happened on that day to further stretch out the actual parking period.

The second reason for the non compliance is under Schedule 4 S9 [2][f]  

he creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

UKPC have not included he words within the brackets  and they have not met the applicable conditions since they got the parking period wrong.

There is one other matter on their PCN. They state that they can charge extra if the charge is not paid within a certain time. This is something  not mentioned in  PoFA at all. Indeed the maximum that can be charged is the amount on the signage so it may well be that the inclusion of an extra charge renders the PCN unlawful..

All this means that the charge cannot be transferred from the driver to the keeper. Only the driver is responsible for the charge and every person with a valid motor insurance policy is able to drive your car. How can they know who was driving if the keeper does not tell them and the Courts do not accept that the keeper and the driver are the same person.