UKPC ANPR PCN for 10 mins overstay of 3hrs free period - Friern Barnet Retail car park, London.

[lookinforinfo]

There is no need to panic. UKPC rarely get all the necessary requirements correct in relation to the Protection of Freedoms Act 2012 which governs private the private parking companies. This means they cannot transfer the liability for the charge from the driver to the keeper should the charge not be paid within 28 days.

Had you not appealed and perhaps revealed who was driving we might have been able to set your fears straight after seeing your PCN. By appealing you may have made things more difficult for yourself but not fatally so. 

Please post up the PCN and what you said in your appeal.and we can advise from there.

[lookinforinfo]

The PCN is not compliant with the Protection of Freedoms Act 2012-the Act which governs the private  parking rogues .

They have failed on two items.

1 under Schedule4  of PoFA Section 9[2][f]  they are supposed to advise the keeper to pay the charge if they are not going to out the driver.. They didn't do that.

2 Under S9[2][a] they are supposed to specify the parking period. Driving the car from the entrance to the parking spot and later from the parking spot to the exit cannot obviously be termed as being parked. That means that the keeper is not responsible for the charge only the driver is liable. 

Providing you did not say who was driving then you are in the clear. 

 

[lookinforinfo]

This is the current rule from the BPA Code of Practice relating to Grace periods.

13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.

"a period of at least 10 minutes ....." So they have broken the Code which means they have breached your GDPR. they are also in breach of the DVLA regs in that they must adhere to the BPA  Code of Practice.