Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Faust on September 07, 2026, 05:47:10 pm
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Yes, send it and see what happens.
just submitted, wonder If its getting rejected , means I will have to pay?
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I agree with your views but I was posting the one just requesting that be tailored to the PCN the Scotland and no POFA issue is relevant.
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Yes, send it and see what happens.
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Is this better:
Subject: Parking Charge Notice Ref: A7545965
To Whom It May Concern,
As the registered keeper of vehicle registration NA11KFU, I dispute your "parking charge." I deny any liability or contractual agreement whatsoever.
As this alleged incident took place in Scotland, keeper liability does not apply. You can only pursue the driver, and no assumptions, inferences, or presumptions can be drawn as to who was driving. I will not be identifying the driver.
You are urged to cancel this charge immediately and confirm in writing once it has been cleared.
Regards,
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That's better, I would leave out the line about being a customer - on GSV the car park is clearly signed pay and display.... If you put that in, they will just reply on that point, and ignore the main no keeper liability point!
You also can't appeal to POPLA - well you can, but in Scotland only the driver can appeal, which rather gives the game away!
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Is this any good ?
To Whom It May Concern,
As the registered keeper of vehicle registration NA11KFU, I dispute your "parking charge." I deny any liability or contractual agreement whatsoever.
As this alleged incident took place in Scotland, keeper liability does not apply. You can only pursue the driver, and no assumptions or inferences can be drawn as to who was driving. I will not be identifying the driver.
Furthermore, the vehicle was visiting the retail park on legitimate business at the time, and a valid transaction was made at Smyths Toys Superstore (receipt attached for reference). The vehicle was parked lawfully by a customer using the retail park facilities for their intended purpose.
You have no prospect of success at POPLA. You are urged to cancel this charge immediately and confirm in writing once it has been cleared.
Regards,
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Thanks guys, so any what text should i use to make an appeal ?
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@Sander333 - given that PoFA is not law in Scotland, where the alleged parking event took place, and given that the alleged creditor is not NCP, I'm not sure that appeal wording is sensible.
Should I use the appeal above ?
No, for the reason RichardW wisely mentions - If one of your main arguments is that there is no keeper liability, don't throw this point away by admitting who was driving in your appeal.
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he 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 the Protection of Freedoms Act 2012 (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. NCP 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 strained interpretation of the law of agency. Your NtK can only ever attempt to hold the driver liable.
Further, you are now on notice that I am also reporting NCP to the DVLA for breach of the Private Parking Single Code of Practice, Section 8.1.1(d). You will be aware that DVLA data access is conditional upon compliance obligations, and that breaches engage your KADOE contract. I will not set out the detail here; you are invited to look up Section 8.1.1(d) yourself.
NCP has no prospect of success at POPLA. You are urged to save us both a complete waste of time and cancel this charge.
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It cannot be stressed enough that you must not mention the driver appeal as RK and follow the advice. I had a similar situation as RK in NCP car park Cardiff given it is not POFA compliant you can use this tailored to your requirements. If you wish to throw in the customer being genuine etc then by all means. Keep it simple is the best option until you get a reply.
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Do not use 'I' in the appeal, use 'the driver' instead.
Do you live in England? You could also point out that they have used the NTK too late to transfer liability.
Yes I live In North Yorkshire. Should I use the appeal above ?
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Do not use 'I' in the appeal, use 'the driver' instead.
Do you live in England? You could also point out that they have used the NTK too late to transfer liability.
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Hello.
I had holidays in Inverness and today I was a bit surprised to received a PCN.
I have received the PCN from parking where I parked to buy some toys. I haven’t even seen any parking notice.
I have attached below the PCN.
https://uavbbi.com/image/IMG-1052.MyoU
https://uavbbi.com/image/h8z4
https://uavbbi.com/image/IMG-1050.h88h
https://uavbbi.com/image/IMG-1051.h8Pk
What’s are my chances to win ?
I want to appeal and write this below:
Subject: Parking Charge Notice Ref: A7545965
To Whom It May Concern,
I am writing as the registered keeper of vehicle registration NA11KFU to formally appeal the Parking Charge Notice issued on 27/08/2026.
On 12/08/2026, the vehicle was parked at Rose Street Retail Park for a brief visit while I went into Smyths Toys Superstore to make a purchase. As shown on the attached store receipt, I was a genuine customer using the retail park facilities for their intended purpose during that time.
Additionally, as this parking event took place in Scotland, keeper liability under Schedule 4 of the Protection of Freedoms Act 2012 does not apply, and liability cannot be automatically transferred to the registered keeper without identifying the driver.
Given that I was a genuine paying customer, this parking charge was issued in error. Please cancel this PCN immediately and confirm in writing once it has been cleared.
Regards,
[Your Name]
Registered Keeper