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Spclexus
Hello again, for those that may remember my case was closed and havent heard anything since, hope its dead n gone.

Today i need advice for a friend who is not online.
Not sure how niacuk got on with their case as i havent seen an outcome posted however this is for an overstay at KINGS POINT marina carpark again which some may remember i helped get the signage pictures for. And was established as within British Associated Ports boundries and byelaws apply.

The case is a little different though .A local company has allocated spaces within the carpark and as long as a pass displayed no payment required. Public are required to pay. Its a button buzz in carpark so they have cameras over it .

My friend has Recieved a ntk within 9days stating non payment. Britannia have helpfully provided pictures of the car parked in the correct bay with correct pass on display but still issued a pcn for non payment.

Now hes in the system what would be the best course of action?


nosferatu1001
Appeal to Britannia pointing out there was no reasonable cause to access the data, as the pass was clearly displayed as their own pictures prove. If they cancel the ticket you won't sue for breach of DPA.
emergencychimp
And then sue them for DPA breach once they cancel it heh.
Spclexus
Thanks for the replies. Ill see the guy on monday and will post up the pcn redacted on monday and show him the advice.
Hopefully he will not pay up. Theres no reason to. Thanks.
Spclexus
Ok after speaking to my mate today he has confirmed its an overstay by 40mins. He believed while on company business the 3hr maximum did not appy but apparently it does. They work twelve hr days and visit marinas on occasion. Bit of a breakdown with his company making employees aware that the carpark rules still apply even as he was in a company bay. He has spoken to the marina office and they have been unhelpful. I know this is a fightback forum but not sure theres a case. The car is registered to another individual named on the ntk so he is genuinley the driver only. Is there a fight or pay the ‘ahem’ discount.

Many thanks.





The bmpa link seems dead so cant check court cases issued.
kommando
As we have yet to see Britannia raise a claim this is not one to pay. Their signage is normally rubbish so get some pics taken.
Spclexus
Advice passed on many thanks. They will get photos for the record.
SchoolRunMum
QUOTE
My friend has Recieved a ntk within 9days stating non payment.
No, it isn't.

That NTK is for parking for longer than permitted. Says so on the front page.


QUOTE
And was established as within British Associated Ports boundries and byelaws apply.
In the appeal, mention and show a link to the byelaws and demand to know why they are suggesting that POFA applies and that a keeper can be liable, on non-relevant land.

Do not imply who was driving, of course.

QUOTE
The car is registered to another individual named on the ntk so he is genuinely the driver only.
So HE does not appeal. The other person does, the one who got the NTK. NOT HIM, DON'T BLOW IT.
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