Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: RipOffPCN on February 24, 2026, 01:57:56 pm
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Thanks for the speedy reply - I'll ignore!
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What a load of rubbish!
There is no “legal presumption” they refer to.
They can presume anything they like, but there is no basis in law for the presumption.
Just ignore for now, ignore letters from debt collectors, come back when you get a Letter of Claim.
You have engaged, you have appealed twice pointing out that the registered keeper is not liable.
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Hello again.
Just wanted to ask about latest communication on this. I appealed and it was sent to the ISA who have replied as below. What should I do now - write to the parking company and point out that the PCN was received outside of the 14 day window or just ignore? I don't want to appear as though I haven't engaged if this is taken further!
Thanks in advance
"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.
In all Appeals the burden of proof is the civil one whereby the party asserting a fact or submission has to establish that matter on the balance of probabilities. If the parking operator fails to establish that a Parking Charge Notice was properly issued in accordance with the law then it is likely that an Appeal will be allowed. If the parking operator does establish that a Parking Charge Notice was properly and legally issued then the burden shifts to the Appellant to establish that the notice was improperly or unlawfully issued and if the Appellant proves those matters on the balance of probabilities then it is likely that the Appeal will be allowed. However the Appeal will be dismissed if the Appellant fails to establish those matters on the balance of probabilities. The responsibility is at all times on the parties to provide the Adjudicator with the evidential basis upon which to make a decision.
The Appellant raises as an issue the Protection of Freedoms Act 2012 and purports that the Operator has failed to comply with the requirements therein.
I must point out that whilst the Act does need to be complied with in cases where the Operator wishes to avail themselves of the keeper liability provisions under Schedule 4, they are not obliged to do so where they do not.
Instead, the operator is entitled to rely either on the legal presumption that the keeper of the vehicle was also the driver (which they are entitled to do in the absence of credible evidence to the contrary) or on an acceptance that they were driving at the material time.
On the present facts, the compliance or otherwise with the Act, is not a relevant issue."
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Thanks to all. Sterling work, as always.
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The danger with adding points about what the driver may or may not have done is that the IAS will sieze on these and “rebut” them but will ignore the non-PoFA issue.
Personally I’d stick to the simple single irrefutable appeal point, for what it’s worth.
What the driver might be liable for isn’t an issue here, I suggest.
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Contradictor signage / markings should also feature in the appeal.
'Double Yellows' do NOT mean 'No Stopping' and , as such, double yellows in a no stopping zone is clearly contradictory and this is contra to the operators Code of Practice.
A brief stop to allow passengers to enter and exit is completely allowable under double yellow lines.
If they wish to enforce a no stopping zone then the correct markings would be 'double reds'.
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You need to appeal to the IAS, expanding on the one key point under which the registered keeper can be held liable in place of the driver, from https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
Then point out that presumed delivery on 12 February is beyond this period.
Also point out that the operator says they are not trying to use PoFA anyway. So the unknown driver remains liable, the known registered keeper does not.
They probably reject your appeal anyway, because they are not independent, but it’s part of the process you should follow even so.
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Hi, my appeal has - of course - been refused.
I just wanted to doublecheck - should I ignore their latest email refusing the appeal (asking again for £60 before it goes up to £100) or reply again, repeating your earlier advice, copied below:
I am the registered keeper.
You state that your notice is not attempting to use PoFA to transfer liability from the driver to the registered keeper.
As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.
The driver is not known to you and I will not be providing any driver details.
Your options are;
Cancel the notice
OR
Dismiss the appeal and refer this to the IAS
Thanks very much!!!
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You (well, the registered keeper) can simply say
I am the registered keeper.
You state that your notice is not attempting to use PoFA to transfer liability from the driver to the registered keeper.
As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.
The driver is not known to you and I will not be providing any driver details.
Your options are;
Cancel the notice
OR
Dismiss the appeal and refer this to the IAS
Many thanks,
xxxxxx xxxxxxxx
The IAS is useless and unlikely to uphold an appeal if it’s not cancelled, but if you stay the course it’s very unlikely to make it to court. Plus the IAS will cost them something like £23.
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Also, am I better posting or emailing my reply - or does it not matter which way I tell them where to go?
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Thank you! If you could post the correct wording - or direct me to where I can find it - that would be very much appreciated.
What a great website this is!
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The dates show that, issued on 10 February, the notice is too late to transfer liability from the unknown driver to the registered keeper, with presumed delivery on 12 February being more than 14 days after the alleged transgression on 28 January.
So indeed they can not use PoFA to transfer liability and say that they’re not doing.
Their statement that they can assume you were the driver is complete twaddle. They make untrue statements like this in the hope that you will believe them and pay up.
You “appeal” by telling them that you’re not liable and not going to pay, essentially. It’s a common form of words which, if I find it, I will post here.
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These files show the redacted notice.
The route in - which does have signage. But only on the way in - this was the evening before when it was dark and the signage is to your left on the wall. There is a much smaller sign a little further ahead on a metal pole.
The other photos show the route out of the car park. I turned out and spotted a workmate - stopped for seconds on the double yellows - and they jumped in. There isn't any readable signage when you turn out of the car park (where I stopped). A bit further ahead there is a very small sign on a metal pole but this wasn't in vision where I stopped (very briefly!).
https://imgpile.com/p/OSg97lp
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Please read the links I provided - specifically please leave dates and times readable as requested.
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Hopefully this will work!
https://storage.to/GC7fiDna5
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https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
and
https://www.ftla.uk/announcements/posting-images/#new
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Okay, any idea how I post a pic? Sorry for my lack of techno knowledge :)
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Yes.
If it’s “non-PoFA” then we need to see why, but if it is then the liability can’t be transferred from driver to the registered keeper.
The legislation change means that PoFA can be used because the land is now “relevant land” but if the notice doesn’t comply with the requirements of the legislation, as its title appears to indicate, then the transfer can’t be made if the driver is not identified.
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I can post a redacted copy of the letter if this helps.
Thanks!
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Hi,
Any help/advice gratefully received.
My other half received a parking charge for stopping on the double yellows outside the car park/Leeds station. There was no traffic in front or behind - I was there literally for seconds as a friend jumped into the car. The registered keeper wasn't with me.
The notice is described as Postal - Non PoFA, issued on private land (the incident happened well after the recent rule change in December.
I am not the registered keeper of the car.
The notice was received 15 days after the supposed offence.
How should I proceed? I'm a bit thrown by the conflicting advice I've seen online.
Thanks in advance.