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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 73374
Experience:  Over 5 years in practice.
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I have a question regarding POFA 2012 with regards receiving

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Hello, I have a question regarding POFA 2012 with regards ***** ***** PCN on private land from ParkingEeye. The PCN was issued to me as the registered keeper outside of the 14 day limit so I was wondering does this make ParkingEye's claim invalid? I know there is a debate surrounding POFA claims and non-POFA claims, but my understanding is that non-POFA claims rarely succeed when the parking company use ANPR to issue claims and do not know who the driver is when the PCN is issued? Please advise?

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

when did you receive the notice and when was the contravention?

Customer: replied 10 days ago.
Hi, Well here is the debate, I can't remember it was so long ago in 2018. The PCN is dated 31/5/18, the contravention was 17/5/18. In this case would the POFA Schedule 4 s.9(6) presumption apply which ?

Thank you.

This is a private land fine. There is a good of nonsense on the internet about private land fines. The truth is that they always did have a perfectly valid claim in breach of contract against those who do not pay or park at variance with their terms and conditions. The issue was that it was not very cost effective for them to sue. It still is not.

They used to sue almost nobody but they are becoming more aggressive now largely because they have lost control of the industry and can only regain it by suing those who don't pay. The chances that they will sue remain very low though so the risk is not great.

If they do sue, you can plead your case and may well win. If you don't win then you will only be liable for the sum of the fine plus about £25 in court costs and £55 in fixed solicitors costs. If you pay it off within 28 days of judgment then it will not show on your credit file.

You do have the option of putting them to proof on the adequacy of signs though. That may well succeed.

Can I clarify anything for you?

Jo

Customer: replied 10 days ago.
Thanks, ***** ***** I dont think would apply in my case as they had signs everywhere which detailed the terms, however I was only over time by about 1 min and I would contest that since I was using their App to register and pay, and it crashed twice causing me to have to phone them, I should be allowed a peiod of grace, but I'm not sure if that is precedent, statute or convention?

It isn't but I do think you could argue that on the basis of reasonableness.

It takes a period of time to do these things.

Customer: replied 10 days ago.
ok thanks for you help!

No problem and all the best.

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Customer: replied 10 days ago.
Btw just out of curiosity which Inn are you a member of? I cannot decide which is better.

Middle.

Customer: replied 10 days ago.
for the rich ☺

I thought that was Inner actually. I thought the rhyme was Middle for the poor.

There isn't much to choose between them although personally I would avoid Grays.

Customer: replied 10 days ago.
I think there are different versions of the same rhyme...why avoid Greys, it was beginning to appeal?

I just wouldn't be a member.