Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: fizz90 on January 30, 2025, 04:03:25 pm

Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on June 06, 2025, 07:48:29 pm
Is this a lost cause now?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on June 04, 2025, 12:48:15 pm
Yep so it turns out there was an email sent on 20 March that was missed in the inbox asking to review the evidence. It is not my inbox so I didn’t have oversight. I have tried to check the evidence now and it doesn’t appear to be available on their system.

I didn’t send the complaints - I sent the initial complaint to UKPA, which said I would complain, and then obviously did all the POPLA appeal, but didn’t move forward with the other complaints. Is this something I can do now and draft, or did it really need to be done at the time?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on June 04, 2025, 11:44:43 am
Did you not receive an evidence pack from the operator? You never mentioned it and whether you responded to that. Why not?

Have you had any responses to your DVLA and BPA complaints I advised you to send?

Never mind about POPLA. Their decision is not binding on you and has no bearing on anything going forward.

This is going to be protracted process and is going to take anything up to a year or more to conclude. In the meantime, you can safely ignore all debt recovery letters you receive. Debt collectors are powerless to actually do anything except to send useless letters that are designed to try and persuade the ow-hanging fruit on the gullible tree to pay up out of ignorance and fear.

When you receive a Letter of Claim (LoC), then come back and we will advise on how to respond and what to do next.

Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on June 04, 2025, 11:25:46 am
My appeal to POPLA was unsuccessful - is there another stage?

The reviewer seemed to dismiss some of my points raised.

[attachment deleted by admin]
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on March 15, 2025, 09:34:46 pm
Thanks for your help to date, it is very much appreciated!

I am submitting the appeal now as I am a bit nervous about leaving it until 19th. Hopefully it was good enough! I will let you know the response!
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on March 15, 2025, 03:33:38 pm
Ha probably just a cribbing error - I will remove.

If you had any other tips these would be gratefully received! Thank you!
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on March 14, 2025, 10:54:33 pm
Not bad... except why does it say "Civil Enforcement Ltd PCN at the top?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on March 14, 2025, 10:43:36 pm
Hi there,

Using the material provided from the original appeal, and a couple of other's appeals, I have drafted the attached. Do I need to expand more on the main points under PoFA and why these are important? The version I cribbed from had a lot about the 28 days in 9(2)(f) and 9(6), but I don't think that applies here? I tried to find other cases which examine the ANPR as being problematic for period of parking, and for the right to appeal being incorrect, but couldn't. Do you have any of these and is it worth including?

I have kept in about the signage and posted google earth images below. Please let me know whether you think it's worth keeping in?



[attachment deleted by admin]
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on March 11, 2025, 06:54:56 pm
Any POPLA appeal should be much more detailed as the POPLA assessor will only now what you put in front of them and the operators response after that. You will get an opportunity to respond to the operators evidence.

You need to cover as many points as possible such as any PoFA breaches which render the Pan non compliant and unable to hold the Keeper liable, breaches of the PPSCoP which ender the PCN invalid, signage which does not comply with the PPSCoP or is capable of forming a contract, whether the operator has a valid contract flowing from the landowner to them which authorises them to issue CNs at the location and so on.

You have until the 19th March to submit your POPLA appeal. I suggest you have a search on the forum for tooter POPLA appeals to get an idea of how to put one together and then show us your attempt s that we can then advise further.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on March 11, 2025, 08:05:44 am
Thanks so much for this. Will action both of these complaints tomorrow.

In terms of the POPLA appeal - should I tweak the original wording from the complaint?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on March 10, 2025, 07:39:59 pm
Write to the BPA with the following formal complaint and make sure you attach copies of your original formal complaint to UKPA and their brush-off response:

Quote
Subject: Formal Complaint Against UKPA – PPSCoP Non-Conformance and KADOE Breach

Dear British Parking Association Complaints Team,

I am submitting a formal complaint against UKPA for multiple breaches of the Private Parking Single Code of Practice (PPSCoP). This complaint relates to Parking Charge Notice (PCN) [PCN Number], issued on [Date], and UKPA’s handling of my appeal. Their response includes misleading and unlawful statements that violate the PPSCoP.

UKPA’s appeal rejection falsely claimed:

"If the keeper names the driver and it subsequently emerges that the driver was not suitably insured at the material time, UKPA may consider referring the matter for criminal prosecution, a £5,000 fine, and 6–8 penalty points."

This is legally incorrect and coercive. There is no legal obligation for a keeper to name the driver. UKPA has no authority to instigate criminal proceedings or impose fines. This is a deliberate misrepresentation of authority, which is classified as a Level 4 non-conformance under Annex H of the PPSCoP.

UKPA’s letter falsely claimed that a court will assume the keeper was the driver unless they name someone else and that failing to provide the driver’s details could result in legal consequences that do not exist. These are misleading statements, in breach of Annex H (Level 3 non-conformance).

UKPA’s Notice to Keeper (NtK) is not compliant with the Protection of Freedoms Act 2012 (PoFA). It fails to specify the actual period of parking (PoFA 9(2)(a)) and does not properly invite the keeper to pay (PoFA 9(2)(e)(i)). This is a Level 2 non-conformance under Annex H.

I have already referred this matter to the DVLA for investigation into UKPA’s breach of the Keeper at Date of Event (KADOE) contract. UKPA’s failure to comply with the PPSCoP means their access to DVLA keeper data is unlawful.

I raised these issues with UKPA in a formal complaint, which they dismissed without addressing any of the breaches. Copies of my complaint and UKPA’s response are attached.

I require the BPA to:

• Investigate UKPA’s breaches of Annex H (Level 4, Level 3, and Level 2 non-conformances).
• Issue immediate sanction points.
• Confirm whether UKPA has been instructed to amend its appeal rejection templates to remove false legal threats.

Failure to address this complaint will result in further escalation to Trading Standards. I expect a full response within 14 days.

Yours sincerely,

[Your Name]

Send the following complaint to the DVLA and also include a copy of your formal complaint to UKPA and their brush-off response:

Quote
Subject: Complaint Against UK Parking Administration Ltd (UKPA) – Misuse of DVLA Data and KADOE Breach

Dear DVLA Data Complaints Team,

I am submitting a formal complaint against UKPA for breaching the Keeper at Date of Event (KADOE) contract by failing to comply with the BPA/IPC Private Parking Single Code of Practice (PPSCoP). UKPA obtained my details from the DVLA and issued Parking Charge Notice (PCN) [PCN Number] on [Date]. Their appeal rejection contained misleading and coercive statements, in breach of both the PPSCoP and consumer protection laws.

UKPA falsely claimed:

"If the keeper names the driver and it subsequently emerges that the driver was not suitably insured at the material time, UKPA may consider referring the matter for criminal prosecution, a £5,000 fine, and 6–8 penalty points."

This is completely false and designed to intimidate recipients into paying. UKPA has no authority to bring criminal proceedings, impose fines, or enforce penalty points. This is a deliberate misrepresentation of authority and a Level 4 non-conformance under Annex H of the PPSCoP.

UKPA’s Notice to Keeper (NtK) is not PoFA compliant, meaning keeper liability does not apply.

• PoFA 9(2)(a) – Fails to specify the actual period of parking.
• PoFA 9(2)(e)(i) – Fails to properly invite the keeper to pay.

Since PoFA and PPSCoP compliance is a requirement of the KADOE contract, UKPA’s use of DVLA data is unlawful.

I raised these issues in a formal complaint to UKPA, which they dismissed without addressing any of the breaches. Copies of my complaint and UKPA’s response are attached.

I request that the DVLA:

• Investigate UKPA’s misuse of keeper data.
• Suspend or review UKPA’s access to DVLA data.
• Confirm whether UKPA has been instructed to remove false legal threats from their appeal rejection templates.

UKPA’s failure to comply with PoFA and the PPSCoP renders their access to DVLA data unlawful. I expect a full response within 14 days.

Yours sincerely,

[Your Name]
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on March 10, 2025, 04:05:19 pm
Thank you so much for this.

We received the response from our complaint today as follows:

Thank you for your email.
 
We have carefully reviewed your concerns and would like to address the points raised.
 
Compliance with BPA and PoFA Guidelines
We operate in full compliance with the British Parking Association (BPA) Code of Practice and the Protection of Freedoms Act 2012 (PoFA). Our processes, including the issuance of the Notice to Keeper (NtK) and appeal handling, adhere to the relevant regulations.


Response to Appeal and Keeper Liability
Your appeal was thoroughly reviewed, and a response was sent on 14-02-2025 to the contact details provided. The rejection outlined the reasons why the PCN remains valid. In accordance with PoFA, as the registered keeper, liability may be transferred to you if the driver’s details are not provided within the prescribed period.

 

Use of DVLA Data and KADOE Contract Compliance
We lawfully obtained your registered keeper details from the DVLA under the KADOE agreement. We remain in compliance with all DVLA regulations, and no breaches of our access permissions have occurred.


Appeal Deadline and POPLA Rights
The appeal deadline and your right to escalate to POPLA  were clearly stated in our rejection response. As per standard procedure, the discount period applies within the timeframe provided, and if no payment is made, the full charge is applicable.


Details on how to transfer liability are clearly outlined in the letter sent to you.
We are confident that we have responded appropriately and in full compliance with the BPA Code of Practice. Given the above, we do not find any grounds to uphold your complaint. The PCN remains outstanding, and we kindly request that payment be made at your earliest convenience.

 
Seem to have just brushed off all comments?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on March 09, 2025, 11:52:31 pm
The POPLA code is valid for 28 days after service of the rejection. just like the courts, they allow 5 days for service, so, the code is valid for 28 + 5 = 33 days. Just make sure you get it submitted on their website by day 32 to be sure of meeting the deadline.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on March 09, 2025, 10:16:00 pm
Hi there

Can I just confirm that we have until 19th March to go to POPLA? We didn’t send the complaint over until 2nd March which would mean a response by 16th March if they respond within the 14 days outlined, so I thought this would be ok. However I have noticed that everything on the letter says about 15th March? And on top of that, it says we have 28 days from the date of the original appeal rejection letter to submit an appeal which would actually be 14th March?

Just wanted to confirm whether this is just another erring in law of what’s written on the letter, or whether it is fact earlier than 19th? And if so, what should we be including in the POPLA appeal? The same as the complaint but rephrased as an appeal? Just want to get it written in case they don’t respond to the complaint in time.

Many thanks
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on February 28, 2025, 02:55:28 pm
Thanks so much!
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on February 28, 2025, 02:53:49 pm
The wording of the PPSCoP states for Level 1 and Level 2 Non-Conformance that these are "examples". So, while it gives the example of timescales, it is not restricted to just that. It is saying that any PoFA non-conformance, in this case the failure to comply with PoFA 9(2)(a), where they have failed to specify the "period of parking", is a Level 1 breach for one instance and a Level 2 breach for repeatedly doing so.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on February 28, 2025, 02:27:12 pm
Thank you for clarifying, I’ll add the bold back in as it took it out when I copied and pasted.

It was this bit in the email in point 4 that I was referring to which mentions timescales.

Annex H of the PPSCoP lists PoFA non-conformance as a sanctionable offence:

• Level 1 Non-Conformance (2+ Sanction Points) – Sending a notice implying that they are pursuing the keeper using Schedule 4 of the Protection of Freedoms Act when they are outside of the timescales.
• Level 2 Non-Conformance (5+ Sanction Points) – Repeatedly sending parking charge notices implying that they are pursuing the keeper using Schedule 4 of PoFA when they are outside of the timescales.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on February 28, 2025, 01:34:06 am
Highlight is for emphasis. Timescales are not mentioned. It is about their failure to state the period of parking in the NtK.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on February 27, 2025, 08:37:27 pm
Just to confirm:
1. Do I keep the items in bold as they are in the original?
2. Just for my understanding, point 4 around annex H - it says they are outside of timescales - is this because the NtK they have sent thus far is not valid and now they’re out of time to send a valid one?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on February 27, 2025, 06:45:58 pm
Fab - thank you!
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on February 27, 2025, 04:32:23 pm
You have until 19th March to submit a POPLA appeal. Why the rush? Send the formal complaint to UKPC for now. They are required to respond within 14 days. If they haven't then you can use that against them also.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on February 27, 2025, 03:21:40 pm
Thank you all for your help and for the amendments - noted not to send the text which has been struck through.

Do I also adapt this and send the same thing to POPLA as well? Or do I wait for the complaint response from UKPA?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on February 26, 2025, 07:35:39 pm
Edited above.

OP, do not copy and paste the strikeout text.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: DWMB2 on February 26, 2025, 06:45:15 pm
Your appeal rejection falsely claims that failing to name the driver could result in criminal prosecution, a £5,000 fine, and 6–8 penalty points.
That's not quite what it claims. It says that if they do name the driver, and it were to emerge that said driver was not suitably insured at the material time (how that'd emerge is anyone's guess), then they will consider referring the matter for criminal prosecution.

This is still dodgy and should be complained about, but it is materially different to claiming that failing to name the driver could result in prosecution, so I'm not sure the proposed wording of point #1 properly reflects what UKPA actually said.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on February 26, 2025, 06:09:13 pm
You have until 19th March to submit a POPLA appeal. Before you do that, you should submit a formal complaint to UKPA which they are obliged to acknowledge and respond to. Send the following to them at complaints@ukparkingadministration.com and CC in yourself.

Quote
Subject: Formal Complaint Regarding Appeal Rejection and PPSCoP Non-Conformance

Dear UK Parking Administration,

I am submitting a formal complaint regarding your handling of my appeal for Parking Charge Notice (PCN) [PCN Number], issued on [Date]. Your appeal rejection contains multiple breaches of the Private Parking Single Code of Practice (PPSCoP), including a Level 4 non-conformance under Annex H, as well as breaches of PoFA 2012 Schedule 4. Additionally, your Notice to Keeper (NtK) contains procedural errors and non-compliances that invalidate any reliance on keeper liability, making your enforcement action unlawful.

This complaint serves as a precursor to a formal complaint to the British Parking Association (BPA) and the DVLA, as these breaches also invalidate your compliance with the KADOE contract for DVLA data access.

1. Deliberate Misrepresentation of Authority – PPSCoP Level 4 Non-Conformance

Your appeal rejection falsely claims that failing to name the driver could result in if the keeper names the driver and it subsequently emerges that the driver was not suitably insured at the material time, UKPA may consider referring the matter for criminal prosecution, a £5,000 fine, and 6–8 penalty points. This is entirely false, misleading, and a coercive attempt to pressure payment under duress.

• There is no legal obligation for the registered keeper to name the driver in a private parking matter.
• There is also no basis in law for a criminal prosecution, fine, or penalty points for failing to disclose a driver’s identity UKPA to suggest that it has the authority to instigate a criminal prosecution based on a civil parking charge.
• UKPA is falsely implying legal consequences that do not exist, which is a clear breach of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), Schedule 1, Paragraph 7.

Annex H of the PPSCoP defines a Level 4 non-conformance as:
“Deliberate misrepresentation of authority.”

This is a serious breach of consumer protection laws and should result in suspension or expulsion from the ATA.

2. Breach of KADOE Contract – Report to DVLA

The DVLA’s Keeper at Date of Event (KADOE) contract requires parking operators to fully comply with the PPSCoP. As your rejection letter and Notice to Keeper fail to comply with multiple PPSCoP provisions, your continued access to DVLA keeper data is unlawful.

Annex H explicitly states that breaches affecting compliance with PoFA and the PPSCoP may warrant action against an operator’s ability to request registered keeper data.

This will be formally reported to the DVLA for investigation into the validity of your KADOE contract and potential suspension of access to registered keeper data.

3. Misleading and Prohibited Terminology – PPSCoP Level 3 Non-Conformance

Your appeal rejection letter contains misleading statements suggesting that:

• A court will assume the keeper was the driver unless they name the actual driver.
• Failure to provide a driver’s details could result in legal consequences that do not exist.

Annex H of the PPSCoP explicitly classifies as a Level 3 non-conformance:
“Using prohibited or misleading terminology on correspondence and communication sent to motorists.”

Such misleading statements misrepresent legal liability and violate consumer protection laws, requiring sanction points by the BPA.

4. PoFA 2012 Breaches – Invalid Keeper Liability (PPSCoP Level 2 Non-Conformance)

Your Notice to Keeper (NtK) fails to comply with Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) in the following ways:

Breach of PoFA 9(2)(a) – Failure to Specify the "Period of Parking"
• PoFA requires the NtK to explicitly state the "period of parking".
• Your NtK only provides ANPR entry and exit timestamps, which do not equate to the actual "period of parking."
It is not for the recipient to infer the duration—it must be clearly stated.

Breach of PoFA 9(2)(e)(i) – Failure to Provide Proper Invitation to the Keeper
• The NtK must invite the keeper to either pay the charge or provide the driver's details.
• Your notice fails to issue this invitation in the prescribed format, meaning it cannot lawfully transfer liability to the keeper.

Annex H of the PPSCoP lists PoFA non-conformance as a sanctionable offence:

Level 1 Non-Conformance (2+ Sanction Points) – Sending a notice implying that they are pursuing the keeper using Schedule 4 of the Protection of Freedoms Act when they are outside of the timescales.
Level 2 Non-Conformance (5+ Sanction Points) – Repeatedly sending parking charge notices implying that they are pursuing the keeper using Schedule 4 of PoFA when they are outside of the timescales.

Since your NtK fails fundamental PoFA requirements, UKPA is unlawfully pursuing keeper liability, in breach of the PPSCoP.

5. Procedural Misstatement of Appeal Deadline – PPSCoP Level 3 Non-Conformance

Your NtK incorrectly states that appeals must be received within 28 days of issue, rather than 28 days from receipt.

PPSCoP Section 8.1.2(e) states:
“The parking operator must ensure that a notice informs the recipient: that if the recipient appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made must stand for a further 14 days from the date they receive notification that their appeal has been rejected.”

Your misstatement of the appeal deadline misleads motorists into believing they have less time to appeal than they actually do, violating their consumer rights.

Annex H classifies this as a Level 3 non-conformance, warranting 9 sanction points.

Formal Complaint Resolution Required

I request the following actions from you:

A written response acknowledging and retracting the false statements in your appeal rejection letter.

Confirmation that you will cease issuing misleading threats regarding keeper liability and criminal prosecution in future correspondence.

An explanation of how you intend to correct the multiple PPSCoP and PoFA breaches identified in your NtK.

Confirmation that you have reviewed your processes to ensure full compliance with the PPSCoP and the KADOE contract.

Failure to properly address this complaint will result in:

• A formal complaint to the British Parking Association (BPA) requesting an investigation and sanctions.
• A formal complaint to the DVLA highlighting your breach of the KADOE contract.
• A referral to Trading Standards for misleading commercial practices.

I expect a full written response within 14 days. If you fail to respond satisfactorily, I will escalate this matter without further notice.

Yours sincerely,

[Your Name]
[Your Contact Details][/b]
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on February 26, 2025, 01:51:59 pm
Apologies and thank you so much for flagging the details!

[attachment deleted by admin]
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on February 26, 2025, 09:49:14 am
Can you please redact the letter of your personal details and repost it please. Without seeing their reasoning, it is difficult to provide accurate advice.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: jfollows on February 26, 2025, 08:47:34 am
You should probably obscure some details - your name, address, reference number, POPLA code for example.

I love the scare tactics - £5,000 and 6-8 penalty points. They love to include these kind of things, don’t they?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on February 26, 2025, 08:17:26 am
Rejection letter received.

Next step is to appeal to POPLA.

Should I use the legal basis given in the chain for the body of my argument? Is there any other wording or advice you have that I should use?

Thank you for your help!
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on January 31, 2025, 12:15:20 pm
You simply appeal with the text I gave you earlier. It is going to be rejected but puts them on notice that they are not dealing with low-hanging fruit.

Simply make sure you do not select any dropdown menus or options that say that you are the driver. You are only appealing as the Keeper or "other".
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on January 30, 2025, 07:29:54 pm
Amazing - thank you so much! This is so comprehensive, I really appreciate the time spent setting this out for me.

So to confirm, as I have seen different approaches listed on MSE, do I use the appeal process to write this, or just contact them directly?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on January 30, 2025, 06:34:31 pm
PoFA 9(2)(e)(i) states:

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

(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i) to pay the unpaid parking charges

Let's put that together:

The notice must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper to pay the unpaid parking charges.

This is the reasoning that the NtK (the notice) is not FULLY compliant with ALL the requirements of PoFA.

This shows how it is argued:

Quote
Under Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), the Notice to Keeper (NtK) must include a specific invitation to the keeper to pay the charge. This requirement serves to ensure that the keeper understands their liability and has a clear course of action.

The operator cannot simply rely on the fact that the Parking Charge Notice (PCN) is addressed to the Keeper to satisfy Paragraph 9(2)(e)(i) of Schedule 4 of PoFA. The law explicitly requires a clear and specific invitation for the keeper to either:

• Pay the parking charge, or
• Provide the name and address of the driver (if the keeper was not the driver).

This is not an "implied" requirement; it must be explicitly stated. Merely inferring that the keeper is invited to pay because the notice is addressed to them does not meet the strict wording requirements of PoFA.

PoFA compliance requires specific wording. The law’s intention is to make the responsibilities of the Keeper clear and unambiguous. Phrases like "you are invited to pay this parking charge" or "you are required to do X, Y, Z" are examples of wording that PoFA expects.

If the notice only says, for example, "the Parking Charge is now payable" or "payment is required" without directly inviting the keeper to pay, this is insufficient under PoFA. The wording must link the keeper directly to the payment obligation in an unambiguous way.

The operator cannot claim keeper liability under PoFA if they fail to meet the explicit requirements of 9(2)(e)(i). This is a valid appeal (and defence) point, as courts and independent adjudicators should not rely on implied obligations instead of explicit compliance with statutory requirements.

Regarding the wording in PPSCoP section 8.1.2(e):

The parking operator must ensure that a notice informs the recipient: that if the recipient appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made must stand for a further 14 days from the date (subject to 8.1.2d) they receive notification that their appeal has been rejected

I then goes on to state in Note 2 to that section:

NOTE 2: A notice sent by post is to be presumed, unless the contrary is proved, to have
been delivered on the second working day after the day on which it is posted; and for this
purpose, “working day” means any day other than a Saturday, Sunday or a public holiday
in England and Wales
.

We can take it that "delivered", "given" and "received" are the same thing.

The right to appeal is 28 days from receipt of the parking charge, not from the date of "issue" of the notice.

In your case, the notice was issued on Tuesday 14th January and it correctly states on the front that payment is to be made by Friday 14th February. However, look at the back of the NtK under "Appeals & transfer of liability". It incorrectly sates that all appeals must be received within 28 days of issue of the notice. That is clearly wrong.

This is a strong procedural point because it demonstrates non-compliance with the Private Parking Single Code of Practice (PPSCoP) section 8.1.2(e). The appeal deadline has been misstated, which is a clear breach of PPSCoP 8.1.2(e). This misleads the recipient into believing they have less time to appeal than they actually do, which is both procedurally unfair and legally significant in both a POPLA appeal and a potential court defence.

The PPSCoP is a binding requirement for British Parking Association (BPA) and International Parking Community (IPC) members. Any breach of the Code undermines the legitimacy of the parking charge and the operator’s compliance with regulations. Since the appeal timeframe is an important consumer right, a misstatement of it is a substantial flaw in the operator’s case.

I could go on, but you get the gist, hopefully.
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on January 30, 2025, 04:51:11 pm
Thank you so much for your help.

It will be tricky to try and get back to the site to understand who the landowner/managing agent is. The few signs are too small on Google maps.

Per the NtK, the wording includes “we have the right to recover any unpaid part of the parking charge from you.” Would this not satisfy para 9(2)(e)(i) or would it need to be as an alternative to providing the name and address for the driver and so the wording included in the first paragraph isn’t compliant?

In terms of PPSCoP 8.1.2(e), again is it the wording that the letter says “if you appeal within 28 days,” and doesn’t clarify when that 28 days starts from? Despite it saying in the sentence before that appeals must be received within 28 days of the issue date of notice?

Apologies I just want to be clear on the law and how the notice is non-compliant.

Additionally, do I appeal, or write to them separately on the basis that the notice isn’t valid?
Title: Re: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: b789 on January 30, 2025, 04:32:37 pm
Not compliant with PoFA 9(2)(e)(i) and also not compliant with PBA/IPC Private Parking Single Code of Practice (PPSCoP) section 8.1.2(e).

So, it is not PoFA compliant which means that they cannot hold the Keeper liable. Only the driver can be liable and they have no idea who that is unless the Keeper blabs it to them, inadvertently or otherwise. No saying silly things like "I did this or that". The Keeper always refers to the driver in the third person such as "The driver did this or that". Don't tell 'em your name Pike!

As it has also breached  the PPSCoP, that will be another point that can be used in the subsequent POPLA appeal because they will reject any initial appeal, no matter what is pleaded.

However, have you tried Plan A yet? Find out the landowner or their managing agent. These detail are usually found at the bottom of the big advertising plinth near the entrance to a retail park.

Plan B is the initial appeal. You mention the "low rate". Do you mean the 40% "mugs discount"? The Parking Charge Notice (PCN) is nothing more than a speculative invoice from an unregulated private parking company for an alleged breach of contract by the driver. Would you pay any speculative voice from a private company simply because they are offering a 40% discount?

If you feel the PCN has been issued unfairly then you either follow the advice and fight it or you don't waste our time and just pay the ex-clampers what they're asking and become a part of the problem.

If Plan A doesn't work, then for Plan B you simply send the following which will be rejected with a POPLA code for a Plan C appeal:

Easy one to deal with... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
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. UKPA 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. UKPA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Title: PCN - The Colonnades Croydon - 31 Minutes over stay
Post by: fizz90 on January 30, 2025, 04:03:25 pm
The registered keeper is not the driver. Tomorrow is the last day to pay the reduced rate/appeal at that rate. No actions have been taken as of yet.

The driver entered the car park at 10:42 and left at 14:23 - there is a three hour parking limit and so this is a 31 minute overstay.

The driver was on site using the facilities in the retail park the entire time - there are shops, activities, and restaurants, although the driver remained at one establishment in the retail park for the duration.

There is no signage on entering the retail park, small signs around the area but nothing near the space the driver was parked, and no option to extend the time should you wish to continue to use the facilities.

What would be the advised next steps? There is time to appeal at the low rate, although the driver believes that this is an unfair system and from research is not the only person caught out using the facilities on site. There are signs dotted around.

Are you able to assist with a strategy for managing this? So we think that there is scope to reply that the fine is cancelled on the basis of the continued use of the establishments at the retail park? There is wording on the back of the letter about the responsibility reverting to the registered keeper? Is this lawful?

Many thanks



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