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Live cases legal advice => Private parking tickets => Topic started by: Jimbob1976 on March 23, 2026, 01:39:35 pm

Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 23, 2026, 02:37:13 pm
Hi All

Would anyone with better knowledge than i please advise on the above, just wanted to get the appeal in but want to make the appeal as assertive as i possible can.

Thanks in advance and sorry for any inconvenience caused.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 22, 2026, 06:09:20 pm
Would the below be suitable or how i can i give it a little more oomph:

FORMAL APPEAL - PCN xxx

To Whom It May Concern,

I wish to make formal representations against PCN [number] issued on [date].

I am appealing this parking charge on the grounds of POFA 2012
non-compliance, namely, Paragragh 9(2)(f) of Schedule 4 the Protection of Freedoms Act says the notice must:

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given.

However, the PCN notice received states:

"You are advised that, if after the period of 30 days beginning with the day after that on which this Parking Charge Notice to Keeper is given."


Also, the parking company operator has no legal right to enforce the charge against the keeper, and also has no legal right to require the keeper to name the driver.

With both of these facts in place, the charge cannot be allowed to stand and my appeal should stand.

Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: jfollows on April 22, 2026, 05:19:23 pm
Research the forum, write something, post it here, you will get input or approval.
You have to construct the framework for your case, but we’ll correct or modify as appropriate.
Templates just lead to people blindly submitting things they don’t understand, I find.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 22, 2026, 04:35:56 pm
Thanks for this, is there a standard template anyone has for such outcomes? I dont want to trip myself up if i get it wrong, also i know this sounds like i am palming it off onto others, i just want to make sure i am giving myself as good a chance as i can.

Regards
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: jfollows on April 22, 2026, 03:54:04 pm
If your appeal is on non-compliance with PoFA 2012, as discussed earlier, you need to amplify the point with POPLA by quoting the legislation and leading the assessor through the reasons why the notice does not comply with the legislation, then conclude by stating that the driver has not been identified and therefore you as registered keeper can not be held liable.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 22, 2026, 03:47:16 pm
So Total have rejected the appeal and have finally sent me the popla code, i had to chase them for it.

See attached the letter, can someone please advise how i should appeal this with POPLA please?

https://ibb.co/1fwmN8dC

https://ibb.co/v6VVzBvt

Any help would be greatly recieved.

Regards
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 14, 2026, 10:36:29 pm
I've just gone back to them saying -


Good morning,

Again I wish to draw your attention to the below -

"You are unable to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have failed to issue a Notice to Keeper properly compliant with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.'

I guess they'll now send me the Popla code, will update once I hear back.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: jfollows on April 14, 2026, 11:49:25 am
They are fishing for the driver’s identity, I would ignore.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 14, 2026, 11:46:13 am
Apologies for reposting, i'm wondering if I should just go back with the same initial response? Seems odd they haven't accepted my arguement but also haven't turned it down, and have given me a further 4 days?
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 11, 2026, 09:14:03 pm
Anyone able to advise on the above please guys. Just want to get the ball rolling before the 28 days
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on April 10, 2026, 01:02:16 pm
We have had the below from Total, not dismissed the appeal and havent issued a code to appeal to Poplar either:

Thank you for your appeal.

 

Please see below response to your appeal:-

 

The Notice to Keeper letter was issued within the appropriate time frames required by Schedule 4 of POFA 2012, and contained the required wording as outlined by Schedule 4 of POFA 2012, to enable us to pursue you for payment of the unpaid Parking Charge in the event we are not informed of the name and serviceable address for the driver within 30 days of the issue date of the Notice to Keeper letter. If you can provide this information within the 30-day period we will transfer the liability but if this is not provided the liability will remain with you.

 

We have placed the above parking charge on hold until the 18th of April 2026 (30-day period)

 

Kind regards


What should be my next move?

Regards
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on March 25, 2026, 08:23:58 am
Thank you. I have done this today, changed the drop down to keeper rather than driver which was the default.

Will update when they inevitably refuse the first appeal
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: DWMB2 on March 24, 2026, 10:57:38 pm
Unusually, they seem to have calculated the PoFA period wrong - their notice says:

You are advised that, if after the period of 30 days beginning with the day after that on which this Parking Charge Notice to Keeper is given...

Paragpragh 9(2)(f) of Schedule 4 the Protection of Freedoms Act says the notice must:
warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given...
.

On that basis, I'd be tempted to appeal as the keeper on the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. You are unable to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have failed to issue a Notice to Keeper properly compliant with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on March 24, 2026, 04:30:48 pm
Quote from: DWMB2 on March 24, 2026, 04:16:35 pm
Please be patient. You posted yesterday, and have since bumped your thread 3 times. If everyone did that, this forum would be impossible to use.

Apologies, i understand you are all volunteers, sorry for the "chaser", i had just seen other posts posted after mine and already answered. Excuse my impatience.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: InterCity125 on March 24, 2026, 04:20:42 pm
The NtK does not appear to be PoFA compliant.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: DWMB2 on March 24, 2026, 04:16:35 pm
Please be patient. You posted yesterday, and have since bumped your thread 3 times. If everyone did that, this forum would be impossible to use.
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on March 24, 2026, 03:54:37 pm
Anyone at all? If someone could help that would be excellent, i have also just posted on the MSE forum too but you guys have been great in the past, so thought i would persevere.

Regards
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on March 24, 2026, 09:09:13 am
Just bumping this in case anyone may have missed it.

TIA
Title: Re: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on March 23, 2026, 07:49:01 pm
Hi all, is anybody able/willing to take a look at this one at all? Can find out more information if required.

TIA
Title: Total Car Parks - Gorleston - NTK for late return
Post by: Jimbob1976 on March 23, 2026, 01:39:35 pm
Hi all,

Owner received a NTK from Total Car Parks today for overstaying in their Gorleston Car Park.

The driver did attempt to make payment for 2 hours via payment app, they only noticed it wasnt successful a few days later after not seeing it debitted from their account. No history in their app account either, a call to the app customer services also confirmed payment not successful.

Is there anyway the owner is able to challenge this? Attached paperwork for your information.

Regards

https://ibb.co/LdxP8pLT (https://ibb.co/LdxP8pLT)

https://ibb.co/6cmWzhnf (https://ibb.co/6cmWzhnf)