Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: a124 on February 25, 2026, 09:26:26 pm

Title: Re: One Parking Solution PCN – Elm Park Car Park, Hornchurch – Parking duration not paid in full
Post by: a124 on March 03, 2026, 04:57:52 pm
Thanks all for your thoughts and help. I've sent an appeal but not expecting much. Might leave it here when it gets rejected.
Title: Re: One Parking Solution PCN – Elm Park Car Park, Hornchurch – Parking duration not paid in full
Post by: ixxy on March 01, 2026, 09:50:11 am
To summarise you paid for an hour and stayed for 90mins. PCN looks broadly POFA compliant, issued within the time scale, contains a period of parking and references POFA. Not withstanding the usual arguments over wording I can't see a strong appeal here. Your best bet is to go through the motions and hope they discontinue before court, that will take months if you have the stomach for it.
Title: Re: One Parking Solution PCN – Elm Park Car Park, Hornchurch – Parking duration not paid in full
Post by: a124 on March 01, 2026, 09:07:53 am
Here are the signs inside the car park:
https://1drv.ms/i/c/65d99d5b27829f48/IQBfGs1xrJ-gR6gcWUeK0alUAfl1UrugJcZUB33NV4WGO7M?e=7f3zFE
https://1drv.ms/i/c/65d99d5b27829f48/IQAC8nmE0exzTrlOg766ITU7AaSHsPada47uOvp5Wv34EtM?e=09fBfr
Title: Re: One Parking Solution PCN – Elm Park Car Park, Hornchurch – Parking duration not paid in full
Post by: jfollows on February 26, 2026, 11:02:59 am
Land is not ‘relevant land’ if it’s covered by byelaws, such as ports and airports.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Quote
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—

(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b)a parking place which is provided or controlled by a traffic authority;

(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

(2)In sub-paragraph (1)(b)—

“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
(a)
the Secretary of State;

(b)
the Welsh Ministers;

(c)
Transport for London;

(d)
the Common Council of the City of London;

(e)
the council of a county, county borough, London borough or district;

(f)
a parish or community council;

(g)
the Council of the Isles of Scilly.

(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.

(4)In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—

(a)any Act (including a local or private Act), whenever passed; or

(b)any subordinate legislation, whenever made,

and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument [F1, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005].
Title: Re: One Parking Solution PCN – Elm Park Car Park, Hornchurch – Parking duration not paid in full
Post by: a124 on February 26, 2026, 10:16:10 am
I didn't have any specific evidence the land wasn't relevant for PoFA. In another case with a private companies parking charge it turned out the land wasn't relevant. However, I appreciate that not all cases will be the same.
Title: Re: One Parking Solution PCN – Elm Park Car Park, Hornchurch – Parking duration not paid in full
Post by: InterCity125 on February 26, 2026, 08:01:40 am
Maybe a silly question but, what makes you think that the land is not relevant for PoFA?

I only ask as I have eyeballed the location and nothing jumps out.
Title: One Parking Solution PCN – Elm Park Car Park, Hornchurch – Parking duration not paid in full
Post by: a124 on February 25, 2026, 09:26:26 pm
I’m hoping for some advice on a Parking Charge Notice I’ve received dated 18/02/2026 from Elm Park Car Park.

PCN available here:

Car park location:
https://maps.app.goo.gl/oWB1WUgi9yk3qWTKA

Sign at entry:
https://1drv.ms/i/c/65d99d5b27829f48/IQCoGDSJI6ceQKnIatWr8E_fAfcG6pEEogFc8u4TXP0IvQ8

Previous sign inside car park instructing to use poppay app:
https://1drv.ms/i/c/65d99d5b27829f48/IQDfXZz9m_boS5yJzTKlPqpyAbbnvvgHAZaBCJLQQbrQzmQ?e=zsKLvm

I will try to upload the current signs inside the car park later this week.

Summary of what happened:

The receipts for the two parking sessions are available here:

The driver had previously parked at Elm Park Car Park, where payment was made via the PopPay app. So they parked and left to go to the coffee shop, attempting to pay using PopPay as before. It wasn't working so they returned and saw signage stating that payment now had to be made using PopPay Plus app. A combination of poor mobile data, downloading the new app, signing up, it not accepting Google Pay, and having to manually retrieve and enter card details from their banking app (as they did not have their physical card), the process took approximately 15 minutes from entry.

On exit, the driver got back to the car around 17:30 and then received an important call from their solicitor. Lost track of time and left when the call was over at 18:02.

Would "the land is not relevant for the purposes of PoFA and so liability for the charge rests with the unidentified driver. There can be no Keeper liability." potentially be applicable here?

Any pointers drafting a strong initial appeal would be hugely appreciated.