Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: John121 on July 06, 2025, 07:03:47 pm

Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: b789 on August 03, 2025, 01:53:15 pm
Of course they had to cancel it. They had zero chance of ever getting paid for this PCN.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: Dave65 on August 03, 2025, 10:42:42 am
Excellent, just shows that anyone nervous could have admitted to be driver and paid these cretins.
Could you post up the reply you received?
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: John121 on August 03, 2025, 09:53:03 am
Hi all. Thank you so much for all your help. Recieved a letter from CUP Enforcement stating having considered all the grounds and evidence provided we will cancel the charge on this occasion 😀
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: b789 on July 12, 2025, 03:15:48 pm
When you receive the appeal rejection, you can appeal to POPLA with a single point appeals follows:

Quote
POPLA Appeal: No Keeper Liability – Operator Admits Non-Reliance on PoFA

The alleged contravention occurred on 9 January 2025.

The Notice to Keeper (NtK) was issued on 3 July 2025, nearly 6 months later.

As the registered keeper, I submitted an appeal without identifying the driver.

In response, the operator did not initially reject the appeal, but instead sent a letter attempting to phish for the driver’s identity, requesting a Transfer of Liability form and supporting documents. Crucially, in that same letter, the operator explicitly admitted they are not relying on the Protection of Freedoms Act 2012 (PoFA).

Since:

• The NtK was issued well outside the 14-day limit required under PoFA Schedule 4, Paragraph 9(5), and
• The operator has confirmed they are not relying on PoFA, and
•  have not identified the driver,

there is no lawful basis to pursue the keeper. The operator’s own correspondence confirms this. The charge must be cancelled.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: jfollows on July 12, 2025, 02:03:35 pm
Quote from: John121 on July 12, 2025, 01:58:54 pm
Excellent — so if I now ignore them, will they automatically reject the appeal after 14 days and issue a POPLA code?
Yes.
It’s all part of the way these people lie and trick you into things which mean you end up paying them. Money is all they care about.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: John121 on July 12, 2025, 01:58:54 pm
Excellent — so if I now ignore them, will they automatically reject the appeal after 14 days and issue a POPLA code?
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: jfollows on July 12, 2025, 01:11:51 pm
Do nothing.
Ignore.
They’re trying to trick you into identifying the driver.
They will reject your appeal - they always do - but your POPLA appeal which you will construct with our help should see them off.

The “Transfer of Liability” thing is rubbish, they pretend it means something, but it’s their invention, ignore it. It’s most certainly not required in any way, as they claim.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: John121 on July 12, 2025, 12:52:25 pm
Hi all,

I've received the below response from CUP Enforcement.

I'm a bit confused by their reply, as they mentioned we referred to a time frame in our appeal—but we didn’t include any reference to this.
They’re also requesting the contact details of the driver.

Could you please advise on how best to proceed?

Thanks

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Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: John121 on July 07, 2025, 09:04:48 am
Perfect I'll send off now and leave the part out about the 28 day period.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: DWMB2 on July 06, 2025, 11:33:52 pm
Quote from: b789 on July 06, 2025, 07:31:40 pm
No need to embellish or remove anything from it

Unless a physical ticket was affixed to the windscreen, your reference to 28 day periods is incorrect. I'd just stick with the suggested appeal.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: John121 on July 06, 2025, 10:11:08 pm
There is no other background. Exactly how I mentioned above. Im going to send the below appeal, please advise if this is ok?

PCN Reference: XXXXXX
Vehicle Registration: XXXXXXX
Date: 06/07/2025

Dear Sir/Madam,

I am the registered keeper of the vehicle and I am formally disputing this parking charge. I do not accept any liability or contractual obligation, and I will be submitting a formal complaint regarding 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), you are unable to hold the keeper liable for the charge. Partial or even substantial compliance is not sufficient.

There will be no admission as to who was driving the vehicle at the time, and no assumptions or inferences can be drawn. CUP 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 any misinterpretation of agency law. Your NtK can only hold the driver liable. CUP have no realistic chance of success at POPLA, so I urge you to cancel the PCN.

Furthermore, your NtK is invalid as it was not served within the ‘relevant period’ defined in PoFA Schedule 4 — namely, within 28 days after the 28-day period following the notice to driver.

Kind regards,
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: H C Andersen on July 06, 2025, 09:13:41 pm
Back to basics:

4)The notice [to keeper] must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

OP, the NTK is invalid by virtue of being served beyond the 'relevant period' prescribed under the Act.

Unless there's some background to this VRM which you've not mentioned.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: DWMB2 on July 06, 2025, 08:17:58 pm
Let us know how you get on. There's a fair chance they'll reject your appeal because they're stubborn, but if they do, you've got as close to a slam dunk as it's possible to get at POPLA and we can provide a suitable appeal.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: John121 on July 06, 2025, 07:47:07 pm
Very very helpful and greatly appreciated.

I'll send off the template.

Thanks a million for your help
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: b789 on July 06, 2025, 07:31:40 pm
You appeal only as the Keeper of the vehicle. 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. CUP 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. CUP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Title: Re: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: jfollows on July 06, 2025, 07:25:03 pm
Read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/, especially the bit about not telling us who was driving, and modify your post accordingly.

The registered keeper of the car can not be held liable for the actions of the driver, who will not be identified.
Title: CUP Enforcement PCN - Recieved almost 6 months after contravention
Post by: John121 on July 06, 2025, 07:03:47 pm
Hi everyone, hoping you can help.

The attached PCN was recieved to the registered keeper from CUP Enforcement for allegedly breaching terms and conditions due to unauthorised parking, specifically not being on the whitelist.

What’s strange is that the contravention date is listed as 09/01/2025, but he only received the PCN on 03/07/2025 — almost six months later.

The timestamped images on the PCN show his vehicle entering the location at 16:12 and exiting at 16:23 on the same day, meaning he was there for just over a minute.

I’ve attached photos of the PCN for reference.

Any advice on how best to proceed would be greatly appreciated.

Thanks in advance.

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