Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: sbutt01 on May 14, 2025, 06:32:41 pm

Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: b789 on May 19, 2025, 03:34:28 pm
I seriously suggest you first do a search of the forum for other POPLA appeals so that you have an understanding of how to compose one and what points you can and can't make.

When you're ready, you should show us here what you intend to send as your POPLA appeal and we can advise on any edits that may be necessary. Don't just send what you think is an appeal without getting the advice you asked for.
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: sbutt01 on May 19, 2025, 12:14:49 pm
Point taken, I'll submit an appeal :) . I'll use the points I made in my initial message.
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: b789 on May 18, 2025, 07:23:34 pm
so what about the “mugs discount”? If that is all you are interested in, then just pay it. Do you always pay an invoice just because you’ve received one, irrespective of whether it is valid or correct?
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: sbutt01 on May 18, 2025, 06:02:47 pm
Many thanks, bizarrely the full response came through today with the POPLA code. However it says if the appeal is rejected by Popla I will have to pay the full amount i.e. £100 instead of the reduced £60. Would you say the points listed in my original message are sufficient to make the appeal? Thanks
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: b789 on May 17, 2025, 02:58:20 pm
Immediately email the following formal complaint to the operator at complaints@ukparkingadministration.com and also CC in yourself:

Quote
Subject: Formal Complaint – Failure to Provide POPLA Code in Breach of PPSCoP

To: Complaints Department
UK Parking Administration Ltd

Dear Sir/Madam,

PCN Reference: [Insert PCN Number]
Vehicle Registration: [Insert VRM]
Date of Alleged Contravention: 29 April 2025

I write as the registered keeper of the above vehicle. An appeal against the Parking Charge Notice was submitted to you on [insert date], and your response has since been received. However, your rejection failed to include a POPLA verification code, nor any explanation as to how the decision could be challenged further via the independent appeals service.

This is a serious and actionable breach of the Private Parking Single Code of Practice (PPSCoP). Under Section 8.4.6 and Annex C, where an appeal is rejected, you are mandatorily required to provide a 10-digit POPLA code and set out how the appellant may submit a second-stage appeal. You have failed in that obligation.

This letter is a formal complaint. I require that you:

• Immediately issue a valid 10-digit POPLA code; and
• Confirm in writing that the 28-day period for appeal to POPLA will commence from the date you issue the code, not the date of your original response.

Be advised that a copy of this complaint, along with a record of your non-compliance, will be submitted to the DVLA. I will be making a formal complaint to them stating that this breach of the PPSCoP also constitutes a breach of the Keeper at Date of Event (KADOE) contract. The KADOE contract stipulates that access to DVLA data is conditional upon full compliance with the prevailing Code of Practice. I will be requesting that the DVLA investigate and consider sanctions, including withdrawal of your KADOE access, due to this failure.

Unless a compliant response is received within 7 days, this matter will also be escalated to the British Parking Association (BPA).

Yours faithfully,

[Your Full Name]
Registered Keeper
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: sbutt01 on May 17, 2025, 01:00:16 pm
There's nothing in the junk folder either, this is literally all they've sent with a demand to be paid by 31st May....
I've t tried logging into the appeal page from start it just takes my to the same page at the end 😔
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: DWMB2 on May 17, 2025, 09:47:46 am
Check your junk and spam folders.
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: b789 on May 16, 2025, 08:19:11 pm
You should have received a communication explaining why they rejected your appeal and with that should be a POPLA code and an explanation on how to make a POPLA appeal.
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: sbutt01 on May 16, 2025, 07:26:03 pm
Hi @b789, I appealed online a few hours ago and have already got a response but can't see a POPLA code, am I missing something :( Other then Tech support there are no other contact details on the page either where I can write back for the POPLA code, any advice?  Many thanks



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Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: sbutt01 on May 15, 2025, 04:13:29 pm
@b789 Many thanks, I will try what you have suggested first and see what they come back with, if or when I need to appeal to POPLA should I use any of the three points I have listed as part of the appeal?
Again much appreciated.
Title: Re: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: b789 on May 14, 2025, 10:22:32 pm
Is there any chance you can get some photos of the location where you parked? If it was an accessible bay, it would be worthwhile getting some pictures of any signs there. There has to be a sign with the terms and conditions that is readable from within the vehicle. Many operators do not comply with this requirement.

However, the PN is not about the blue badge. It is because the vehicle was parked fro longer than the permitted period free parking. The fact that the driver required more time due to a protected characteristic, is a good appeal point.

Also, the Notice to Keeper (NtK) is not fully compliant with all the requirements of PoFA to be able to hold the Keeper liable and they have no idea who the driver is, unless you, the Keeper, tells them. As there is no legal obligation on the Keeper to identify the driver, you should not do so. Only refer to the driver in the third person. No "I did this or that", only "the driver did this or that".

As any initial appeal will be rejected, no matter what the circumstances, it is not worth wasting much effort on that. However, the rejection must contain a POPLA code which will be valid for 33 days from the date of the appeal rejection.

For now, I suggest you appeal along the following lines:

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.

When the appeal rejection comes through, you will be able to appeal to POPLA where a fuller argument can be made.
Title: PCN for overstay at UKPA carpark in Seymour Grove, Tennis St Carpark
Post by: sbutt01 on May 14, 2025, 06:32:41 pm
Hi, a total newbie, have been reading similar posts to this for the last few hours but seem to have got more confused, so would really appreciate some help.

The driver received a PCN for £100 (£60 if paid by 24th May) from UK Parking Administration Ltd (UKPA), member of BPA;  for overstaying in the Seymour Grove RP car park, Tennis St. Old Trafford, on 29th Apr 2025.  Arrival time on the photos is showing as 01:40 PM,  Departure 03:31 PM, images below.

https://imgur.com/a/5JZukzM

The driver is a blue badge holder with mobility issues who rarely goes shopping any more as walking for long periods is an issue for them but did so on this occasion as their spouse due to work hadn’t been able to go for a while either.  The driver’s pace is slow and without realising they must have overstayed what we guess is a 90 min parking period by apprx 20 mins. While in the car park (though not sure if this is relevant) the driver had also displayed the blue badge in the car but as normal removed it before starting the journey back.

Listed below are what we believe some of the relevant points, we would like advice on whether they can form the basis of an appeal.

1.Our understanding, from everything we've have read on the web so far is that under the Equality Act 2010 Blue Badge holders should be treated with understanding and shouldn’t be discriminated against. The driver is also able to provide photographic proof of their blue badge.

2. The driver was a genuine shopper and not someone who used the car park to attend any kind of an event in the vicinity, They have receipt of one of the stores they shopped at but can also provide screenshots of online banking payments to both the stores visited that day.

3. They believe the £100 fine is disproportionate to the 20 odd minute overstay, which included the time it took to initially drive in, find a parking space to park, and on the way back to make it out, a little slowly as the car next to them had parked quite awkwardly.

Some people have suggested contacting the owners of the car park to see if they can cancel the ticket but we are unsure who that is or how to contact them. 

The driver as yet has not communicated with UKPA at all and would appreciate any advice received? Many thanks in advance.

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