G24/BW ANPR PCN Claimform - Everyman, Southgate street, Winchester, SO23 9EG

[lookinforinfo]

I take it that the car park was for something like Permit Holders only or Staff members only. as there appears that you were not supposed to park there. The Final Notice you posted is no use as it is the original notice that must comply with the Protection of Freedoms Act 2012 which governs private parking.

if you haven't kept the original PCN please send off an SAR so that we can see what they have and why they think they have a case. Quite often they don't. Already they have overcharged you by about £70 which is par for the course for them . Totally unlawful.

Well done for not appealing. You have more chance of being made a Dame of the British Empire than  getting the IAS to cancel your ticket.

 

[lookinforinfo]

They keep referring to there being a contractual parking charge. This is strange because the time you were there you were not allowed to park. As it is therefore a prohibitory sign no contract can be formed with you.  So you did not breach their contract that they have with some other drivers. Admittedly you may be described as a trespasser but only the land owner can sue for that, not the lesser human beings  at G24.

On top of that under the protection of Freedoms Act 2012 they have not issued it in accordance of the Act. Under Schedule 4 S9[2][a](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. There are the times of entering and leaving the car park but they are on photographs not the PCN itself. In any event there is no way that a car being driven from the entrance to a parking spot then later driving from the parking spot to the exit could be described as being  part of a parking period.

Further, in Schedule 4 S9[f] states at the last part "the 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;"

G24 totally missed out the words in brackets which is contrary to S9[2].

As a result you as the keeper are not liable for the debt. Only the driver is now liable and as just about everybody who has a valid motor policy is allowed to drive your car good luck with them convincing a Judge who was driving if you don't tell them. Courts do not accept the rogues premise that the keeper and the driver are the same person. Their needs to be more definite proof.

 

[lookinforinfo]

It is a cinema car park Dave and as the cinema wasn't open there could be no customers.

The charge is definitely a penalty since there was no legitimate interest involved since there was no need to keep the car park clear for patrons of the cinema. I am not saying that there may not be a charge for entering the car park at the wrong time but no way can £100 can be justified .  You could also accept that you were trespassing and only the land owner can do that .