PCN Excel Crossley Retail Park, Halifax

[b789]

That is the usual entrapment attempt by this firm of scammers. The Keeper is forced to select options that admit liability as the driver. Unless there is an option to simply select “Other”, then do not use that webform.

Instead, you can use their complaints webform. Under the PPSCoP section 11.2, they are obliged to treat a formal complaint as an appeal of it contains one.

So, submit the following as your formal complaint:

I am submitting this as a formal complaint and as my formal appeal against the Parking Charge Notice [ref]. It must be treated as both.

I am the registered keeper. I deny any liability for this charge.

Your online appeals portal is defective and unfair because it compels the user to select wording in the first person such as “I did this” or “I did that”, which falsely assumes that the appellant was the driver and improperly pressures a keeper into making an admission that they are under no obligation to make. I will not use a process that is structured so as to misrepresent my position.

This complaint includes a clear challenge to the validity of the Parking Charge Notice and must therefore also be treated as an appeal under Section 11.2 of the Private Parking Single Code of Practice, version 1.1 dated 17 February 2025. It is not to be treated as a complaint only.

Your Notice to Keeper does not comply with Schedule 4 of the Protection of Freedoms Act 2012 and you are therefore unable to transfer liability from the unknown driver to the registered keeper. In particular, the Notice to Keeper fails to comply with paragraph 9(2)(a) because it does not specify any period of parking. It states only a single contravention time of 16:23. A single timestamp is not a period of parking.

That defect is fatal to any attempt to rely on keeper liability. The statutory conditions must be met in full. As they have not been met, there is no keeper liability in this case.

There will be no admission as to the identity of the driver and no assumptions can be made in that regard.

In the circumstances, this charge must be cancelled.

If you refuse, then please treat this as a request for all photographs taken, all notes made by the operative, and a full copy of the notice relied upon.

Please confirm that this complaint has been logged and that it is being treated as the keeper’s formal appeal against the Parking Charge Notice. If you reject it, then you must issue the appropriate rejection and details of the next stage.