Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Name13212 on April 25, 2026, 08:27:32 pm
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Your appeal will be rejected, you will need to construct a longer appeal to the IAS explaining precisely why PoFA 2012 has not been complied with, which will probably be rejected but will form the basis of your defence to a subsequent court claim.
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Thanks for the advice jfollows, As you said, fairness is pointless thus going with what is the strongest legal defense is what I want to do.
Can you advise on what language I should use on the appeal? Can I use the same as from this other thread:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. UKCPM has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. UKCPM have no hope at IAS or court, so you are urged to save us both a complete waste of time and cancel the PCN.
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The PCN has no “period of parking”, as required by https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
As I’ve already said, I don’t personally agree with the argument that sitting in a stationary car for ten minutes isn’t parking, but if you think otherwise, go for it.
Fairness doesn’t come into it, you have to argue technical points including points of law. If we could defend unfair charges, life would be easier, perhaps.
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Just following up on this as I have to reply by tomorrow. The MSE tool tells me that keeper liability applies because the company is a BPA member and this is POFA land, insisting on the "Stopping vs parking" argument, which does seem to be against the advice here.
I looked up similar threads and found this one:
https://www.ftla.uk/private-parking-tickets/uk-car-park-management-fined-while-waiting-to-pick-up-a-passenger/
Is the notice I received compliant with 100% fully compliant with PoFA 2012 or is that still the best argument?
Would it be beneficial to mention that stopping to pick up a passenger as I feel that's what I would argue against the unfairness of this charge if I am in front of a judge.
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I used the MSE tool to write me an appeal. Does it make sense, anything that I should add or remove? Thanks!
I dispute your parking charge as the keeper of the vehicle. I deny any liability or contractual agreement.
The PCN alleges "No Parking on the Roadway". The vehicle was stationary for approximately 10 minutes to collect a passenger. The driver remained with the vehicle throughout, which was attended and ready to move at all times.
This was stopping/waiting to collect a passenger, not parking. No contract was formed as the driver did not accept any terms by using a car park facility.
The sign stated "you must park wholly within a marked parking bay. No parking on roadways / yellow lines / paved / hatched or landscaped areas". This prohibition applies to parking, not to brief stopping/waiting to collect a passenger.
The charge is unenforceable.
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Should you pay, up to you, from what you've described the driver breached theterms and conditions of the car par, so is liable for the charge. There may grounds for appeal, the time discrepancy for one if you have good evidence. Challenging parkingvs stopping is u likely to win an appeal, especially withan IPC affiliated company and IAS. So unless you paying next steps will either work through the appeals process (recommended) and endure the debt collectors letters. Eventually you will get a letterofclai that can't be ignored. If you engage with the legal process they will ost likely give up before they have to pay the court fee.
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Well where I am originally from it is different. I've seen signs saying no parking and other saying no stopping, thus I assumed they had different definitions. I stand corrected I guess. Does that mean I should pay the fine?
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Stopping on a road, whether or not the engine is running and whether or not someone is sitting in the vehicle, may well be “parking”. Why wouldn’t it be?
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On the 20th of March, my vehicle was used to pick up my daughter from a friend place. They live in a residential whose entrance looks like this (https://www.google.com/maps/place/Soho+Wharf/@52.4866801,-1.9293946,3a,75y,173.26h,89.87t/data=!3m7!1e1!3m5!1sLk_VaTwc4fzkvrLPNDp-Jw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D0.12619702597611138%26panoid%3DLk_VaTwc4fzkvrLPNDp-Jw%26yaw%3D173.26356434338953!7i16384!8i8192!4m6!3m5!1s0x4870bdaba7cd8fff:0xee7f560df1a001f6!8m2!3d52.4857076!4d-1.929349!16s%2Fg%2F11l66dcm4k?entry=ttu&g_ep=EgoyMDI2MDQyMi4wIKXMDSoASAFQAw%3D%3D).
The driver stopped the car here (https://www.google.com/maps/place/Soho+Wharf/@52.4864412,-1.9306425,3a,75y,150.72h,79.2t/data=!3m7!1e1!3m5!1se9_4bTpl7av9tcvW_5sT2Q!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D10.804660230234134%26panoid%3De9_4bTpl7av9tcvW_5sT2Q%26yaw%3D150.71948672180213!7i16384!8i8192!4m6!3m5!1s0x4870bdaba7cd8fff:0xee7f560df1a001f6!8m2!3d52.4857076!4d-1.929349!16s%2Fg%2F11l66dcm4k?entry=ttu&g_ep=EgoyMDI2MDQyMi4wIKXMDSoASAFQAw%3D%3D) while waiting for the toddler to come. The driver stayed in the car or around the car the entire time and the car was always running (it's an hybrid so the engine will turn off...). The pick-up process likely still took 10+ minutes (children...).
I received a PNC addressed to me (registered driver), stating they issued a Parking Charge because the car was parked on private land, claiming the reason for the issue being "No Parking on the roadway".
Now the vehicle was on the roadway but it is my understanding (correct me if I am wrong) that the vehicle being stationary on the roadway does not constitute parking?
A few other things that stand out that I'm not sure if are relevant:
- The PNC includes 2 pictures (the car lights can be see on, in both pictures) with a timestamp. Based on data from google maps, that timestamp is wrong, google maps from one of the passengers show the vehicle left the location at 18:05, when the timestamp on the picture shows the car there at 18:17
- The Resident had actually requested a visitors permit for my vehicle, but the vehicle did not go to the visitors parking bay as the driver was in a hurry and didn't want to go into the residence.
The PCN was issued on the 30th, I am not sure when it arrived (the 2nd notice took 6 days) as I was away for 2 weeks and only saw the letter earlier this week.
See here the PCN:
- Page 1 (https://drive.google.com/file/d/18QkJyVBJKo7bJK12j6qK2bipeyVlnehE/view?usp=drive_link)
- Page 2 (https://drive.google.com/file/d/1tfaJsv2o4dCozfDGZZjibdg1hnqDDQJ5/view?usp=drive_link)
and here is the parking notice that can be found all around:
- link (https://drive.google.com/file/d/17_EN9JRWbxRrUTtxCTL1y3hUAvrDxHDl/view?usp=drive_link)
Any help on how to proceed would be greatly appreciated! thanks in advance