Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: fred580 on February 11, 2025, 05:36:39 pm

Title: Re: Crystal Palace Park Terrace Straight - South Gate PCN
Post by: jfollows on June 29, 2025, 11:31:12 am
Quote from: Jess1919 on June 29, 2025, 09:32:02 am
Hello Fred, How was your appeal? I got a fine yesterday, same location. I was not even aware that this car park in Crystal Palace park was charging. I don't know how to start my appeal. Please let me know how this went?
It’s not a fine, but if you want advice please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and create your own thread.
Title: Re: Crystal Palace Park Terrace Straight - South Gate PCN
Post by: Jess1919 on June 29, 2025, 09:32:02 am
Hello Fred, How was your appeal? I got a fine yesterday, same location. I was not even aware that this car park in Crystal Palace park was charging. I don't know how to start my appeal. Please let me know how this went?
Title: Re: Crystal Palace Park Terrace Straight - South Gate PCN
Post by: fred580 on February 11, 2025, 08:39:04 pm
Very well, modified. Nothing has been sent yet, best to ask for an advice first and that is an advice from this site too.
Many thanks to you, it's really a difficult subject when one doesn't know the law sufficiently. Companies like that particular one are just making money because of that.
I will send it tomorrow and hope for the best.
Thanks again.
Title: Re: Crystal Palace Park Terrace Straight - South Gate PCN
Post by: b789 on February 11, 2025, 07:13:41 pm
I sincerely hope you have not yet sent that appeal!!!!! The location that you state the alleged contravention occurred on is not relevant land for the purposes of PoFA and as long as they have no idea of the drivers identity, you the Keeper, whether you were the driver or not, cannot be liable for the charge unless you blab the drivers identity, inadvertently of otherwise.

The Keeper is under no legal obligation to identify the driver to an unregulated private parking company. The Keeper and the driver are separate legal entities. Just don't blab by saying things like "I did this or that". Always refer to the driver in the third person such as "The driver did this or that". I suggest you amend your post to reflect that advice!!!

Crystal Palace Park is subject to statutory protection under multiple Acts of Parliament (e.g., the London County Council (Crystal Palace) Act 1951 and the Bromley London Borough Council (Crystal Palace) Act 1990). PoFA only applies on "relevant land", which explicitly excludes land under statutory control (Schedule 4, Paragraph 3(1)(c)).

PoFA defines "relevant land" as private land not governed by statutory control. Land controlled by byelaws, Acts of Parliament, or local authority regulations is excluded. Therefore there can be no Keeper liability.

Whilst the signage issue is good for a defence or POPLA, it is useless for an initial appeal to UKCPM who will reject any appeal regardless of what is in it. Save everything for later.

Easy one to deal with for now… 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
Subject: Formal Appeal Against Unlawful Parking Charge – PCN [Reference]

I am the registered keeper of the vehicle, and I dispute your 'parking charge'. I deny any liability or contractual agreement, and I will be making a formal complaint to your client, the landowner, regarding your predatory and misleading conduct at this site.

Your Notice to Keeper (NtK) is invalid for multiple reasons:

1. The land is not ‘relevant land’ under PoFA 2012 –

Crystal Palace Park is subject to statutory control under the London County Council (Crystal Palace) Act 1951 and the Bromley London Borough Council (Crystal Palace) Act 1990, among other statutory protections. Land under statutory control does not fall within the definition of 'relevant land' under Schedule 4 of PoFA 2012, meaning you cannot transfer liability from the driver to the registered keeper. Any claim to the contrary is false and unenforceable.

2. Misrepresentation of keeper liability – PoFA 9(2)(e)(i) failure –

Even if the land were 'relevant' (which it is not), your NtK does not comply with PoFA 9(2)(e)(i) as it fails to include the prescribed invitation required for keeper liability. Partial or substantial compliance is insufficient—as such, the registered keeper cannot be held liable under any circumstances. There will be no admission as to who was driving, and no inference or assumptions can be drawn.

3. Breach of BPA/IPC Private Parking Single Code of Practice (PPSCoP) Section 8.1.1(d) – Misleading Information –

Your NtK wrongly states that the keeper is liable under PoFA, in direct violation of the PPSCoP Section 8.1.1(d), which explicitly prohibits:

"Serving a notice or including material on its website which in its design and/or language states the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable."

Your unlawful misrepresentation of liability constitutes a clear and serious breach of the BPA/IPC Code of Practice, and I will be escalating this matter to the IPC, the DVLA, and Trading Standards.

Since you are an IPC member, I am fully aware that the so-called ‘Independent Appeals Service’ (IAS) is neither truly independent nor a fair arbiter, operating with a well-documented bias in favour of operators. I will not be engaging with the IAS, and I will await a formal claim where these issues will be fully challenged in court, should you be so foolishly inclined try.

You are urged to save us both a waste of time and cancel this baseless charge immediately.
Title: Re: Crystal Palace Park Terrace Straight - South Gate PCN
Post by: fred580 on February 11, 2025, 05:37:42 pm
Subject: Appeal Against Parking Charge Notice [Reference Number]
Dear Sir/Madam,
I am writing to formally appeal against the parking charge notice [Reference Number] issued to my vehicle [Registration Number] on [Date] at [Location]. My appeal is based on the following grounds:
1.   Inadequate and Poorly Positioned Signage
The signage indicating parking restrictions and payment options at the location is poorly placed and not clearly visible to drivers entering the area. The signs are positioned on the roadside and at an angle, making it impossible for a driver focusing on the road to read them safely while in motion. Additionally, these signs are placed beyond the automatic camera monitoring zone, meaning a driver entering the area is captured by the system before having any opportunity to be made aware of the parking conditions or charges. This setup fails to provide fair notice and does not comply with the principle of clear and reasonable notification. Furthermore, the sign displaying the terms and conditions is located on the right side of the road, slightly in the background. The text is extremely difficult to read, even from a distance of two meters when standing directly in front of it—let alone for a driver passing by in a moving vehicle. Typically, a motorist who sees a clearly visible sign with parking information, payment methods, and other important details is made aware of the charges and the need to pay. Such signage naturally encourages them to seek a payment terminal after parking. The lack of clear, prominent signage in this location deprives drivers of this awareness and opportunity.
The sign described in point three below contains information regarding the payment terminal. However, vehicles can also be parked along the main driveway leading to the actual parking lot, where the payment terminal and additional informational signs are presumably located. If a driver parks along the driveway and immediately heads to the park, they would have no opportunity to familiarize themselves with the parking regulations. Moreover, since there was no clear warning at the entrance, they would not even be prompted to seek out such information.
2.   Absence of Clear Signage at the Main Entrance
The main entrance to the parking zone does not have prominent or clearly displayed signs indicating that this is a chargeable parking area. Properly positioned and visible signage at the entrance would be essential to adequately inform drivers before they enter the premises.
3.   Recent Change from Free to Paid Parking Without Sufficient Notice
This parking area was previously a free parking zone, and drivers entering from South Gate are not clearly informed that the conditions have changed. The signage indicating the change is poorly designed, consisting of a black board with white text placed along the road leading to the parking area. However, due to its placement and lack of distinctive markings, it is not immediately evident that this sign pertains to a paid parking zone. Moreover, drivers can also turn right after passing the sign into another section of the premises, further adding to the confusion about which area the sign refers to. This lack of clarity misleads drivers and does not provide fair notice of the change in parking conditions.
Furthermore, while this sign includes information about the payment terminal, its placement does not ensure that all drivers will see it or understand its relevance. If a driver parks their vehicle along the approach road rather than in the main lot, they are unlikely to encounter the terminal or any additional signage. Without clear entry warnings, such drivers remain unaware of the parking rules, leading to an unfair enforcement situation.
4.   Entrapment-Based Parking Scheme
The structure of this parking zone follows a scheme commonly referred to as "entrapment", where drivers are not given a fair opportunity to understand and comply with the terms before incurring a penalty. The combination of inadequate signage, unclear entry conditions, and the sudden transition from a free to a paid zone creates a situation where drivers are unknowingly caught in a system designed to generate charges rather than fairly regulate parking.
Given the above, I believe that the parking charge is unfair and does not comply with the requirements for clear and reasonable notification of terms and conditions.
Furthermore, I would like to draw attention to the relevant UK regulations governing private parking enforcement. According to the British Parking Association (BPA) Code of Practice and the International Parking Community (IPC) Code of Practice, private parking operators must ensure that signage is clear, legible, and placed in locations where drivers have a reasonable opportunity to see and understand the terms before entering a chargeable parking area. Failure to do so may render any issued parking charge unenforceable.
Additionally, the Consumer Rights Act 2015 requires that contractual terms, including those related to parking charges, be fair and transparent. Any misleading or unclear signage that results in unexpected penalties could be considered an unfair contract term, making the charge invalid.
I kindly request the cancellation of this charge. Please confirm receipt of this appeal and inform me of your decision in writing. Should my appeal be unsuccessful, I request a copy of all photographic evidence and a full breakdown of the justification for the charge.
Yours faithfully,
[Your Name]
[Your Contact Information]
Title: Crystal Palace Park Terrace Straight - South Gate PCN
Post by: fred580 on February 11, 2025, 05:36:39 pm
Hi everyone.

The driver have been in the park on 2nd of February and received a PCN in the following week. They strong suspicion this area is an entrapment operation by the company given all the signs.

They drove in from Anerley Hill heading to Terrace Straight with intention to leave the car on the approach and wander off to the lower part of the park.
There is one sign on the left side. See pic. 1&2.

Then headed satraight through the gate and parked as shown on pic. 3.

There are 2 signs before you reach the gate (pic. 6), the one on the left and another, with terms of use, little further down on the right(pic. 7).
Nothing on the gate where it would make sense to place a big sign saying something like 'you are entering a parking enforcement area. Pay via RinGO app or terminal. Follow the signage', but here isn't one. First sign beyond the gate is on the left, barely visible even when on foot, placed sideways.
pic. 4&5.


What would you do in this case, I appreciate all feedback.



Link to the pictures Pictures here (https://imgur.com/a/MK9i4PV)
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