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Live cases legal advice => Private parking tickets => Topic started by: subs187 on February 21, 2025, 12:29:47 pm

Title: Re: Parking Collection Services - Parked on Private Land Without A Valid Permit And/Or Authorisation
Post by: subs187 on February 21, 2025, 01:45:32 pm

Great help many thanks

Title: Re: Parking Collection Services - Parked on Private Land Without A Valid Permit And/Or Authorisation
Post by: DWMB2 on February 21, 2025, 01:29:57 pm

Welcome. Whilst the arguments you make are sound, jfollows rightly notes that they have issued the notice too late to be able to hold the registered keeper liable for the charge, using the provisions of Schedule 4 of the Protection of Freedoms Act.

The keeper can therefore appeal with 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. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance 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, you are appealing as the keeper only, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them. Be mindful of the deadline for appeals, I'd get this in asap.

Title: Re: Parking Collection Services - Parked on Private Land Without A Valid Permit And/Or Authorisation
Post by: jfollows on February 21, 2025, 01:19:29 pm

The late issue date of the PCN means that the liability (if any, non-existent as you say) can not be transferred from the driver to you, the registered keeper, so don’t divulge who the driver was anyway.

An alleged civil debt can be pursued for 6 years but there are much tighter timescales (14 days) if the liability is to be transferred. Since the PCN doesn’t mention the “Protection of freedoms act” they seem to realise this.

You will be appealing as the registered keeper, not as the driver.

Title: Parking Collection Services - Parked on Private Land Without A Valid Permit And/Or Authorisation
Post by: subs187 on February 21, 2025, 12:29:47 pm

Hi

The registered keeper has received the attached parking charge notice and would kindly request assistance on grounds for appealing.

It is alleged the vehicle was parked on 26/12/24 however the picture on the PCN is upside down with no dates or times or details of location etc.

The PCN was also issued after 28days on 28/01/2025. Not sure if this is valid point of appeal.

Based on the signage it has been suggested to appeal on the following:-

The signage at the site in question is incapable of creating a contract with this driver, as such no contract could be formed when the driver parked there.

The driver has no liability to you as a result of this parking. The signs seek to make a contract only to Permit Holders therefore you are placed on notice to show that the driver does have a permit.


Thanks

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