Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Muhammad on August 03, 2025, 01:36:26 pm
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Thank you for your help ..
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They conceded and did not challenge your appeal. Well done.
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Hi Folks..i have won the PCN again Civil Enforcement through Popla appeal..Thank you everyone who guide me through this ..
https://drive.google.com/file/d/1Ve2b2tOu9eBC0ivHvQwV3qxuF_vniXbP/view?usp=drivesdk
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Thank you so much ..I will try this and let you guys know that how did it go..Thank you once again ..
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You can use the following as your POPLA appeal:
POPLA Verification Code: [insert]
PCN Reference: [insert]
VRM: [insert]
Operator: Civil Enforcement Ltd
Site: Golds Gym, Rainham Road South, Dagenham, Essex, RM10 8TX
Incident time: 25/07/2025 14:24:12 to 14:46:38
NtK issue date: 31/07/2025
I am the registered keeper. This appeal is brought on two grounds: (1) inadequate signage and inadequate notice of the parking charge, and (2) no standing/landowner authority compliant with the Private Parking Single Code of Practice (PPSCoP).
Ground 1: Inadequate signage and inadequate notice (PoFA Schedule 4 paragraphs 2(2) and 2(3))
The operator alleges “Failed to obtain a permit in accordance with the notified terms.” The burden is on the operator to prove that, before parking, clear and prominent signs adequately brought both the terms and the parking charge to the attention of a driver. PoFA Schedule 4 paragraphs 2(2)–(3) require “adequate notice” of the parking charge, meaning notices that specify the sum and are adequate to bring that sum to the notice of drivers.
This is a multi-occupancy site. The driver attended the Dagenham Islamic Welfare Association and Mosque (Dagenham Jamme Masjid) within the same building. On site, signs referred to “permit holders” and did not clearly or prominently communicate that bays were limited to gym members only or that a separate whitelist/registration step applied to gym use. The first time “gym” was understood was when the Notice to Keeper arrived. That is not adequate notice of any core term or of a charge.
The operator is put to strict proof by producing dated, contemporaneous evidence from the material date: a complete signage schedule with photographs of the entrance and all internal signs visible from the bay used, showing exact wording, font sizes, positioning, height, and illumination; a site plan marking each sign and the route a driver would take; clear evidence that the £100 sum and any “gym-only”/whitelist requirement were brought to the driver’s attention before parking; and copies of any VRM whitelist/registration logs for the material date and time. The operator must also show clear demarcation at the entrance and within the car park distinguishing mosque/DIWA parking from any gym-only area, if such a distinction exists. If these items cannot be shown, the PoFA “adequate notice” test is not met and no contractual liability can arise.
Ground 2: No standing/landowner authority (PPSCoP section 14.1(a–j))
The operator is put to strict proof that it holds a valid, contemporaneous, and unredacted written agreement with the landholder (or a complete and unbroken chain of authority) authorising it to offer parking contracts on this land, to issue and pursue parking charges, and to take legal action in its own name. The evidence must meet every element of PPSCoP section 14.1(a–j, inclusive), including identification of the land and parties, precise site definition, scope of authority, commencement and expiry dates, renewal terms, operational limitations, responsibilities for signage and compliance, cancellation policies, and explicit rights to pursue charges and litigation. A mere “authority to act” letter or a redacted or unexecuted document is insufficient. Unless full compliance with 14.1(a–j) is evidenced, the operator has not shown standing to pursue the keeper.
Conclusion
For the reasons above—lack of adequate notice under PoFA Schedule 4 paragraphs 2(2)–(3) and failure to evidence landowner authority compliant with PPSCoP 14.1(a–j)—I respectfully request that POPLA allow this appeal.
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Hi i have uploaded the pictures i have taken from the car park..Please have a look ..It was not clear who are the permit holders as the car park is right next to building in which mosque is on ground floor and gym is on 3rd floor .. i was in the mosque ..I thought it belongs to mosque as well..Please suggest me what to do next..Thank you
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It seems you have shot yourself in the foot by admitting to them that you were the driver. I don't see any evidence on their paperwork on the signage in the car park, where is it situated? do you have a picture of it?
If they give you the option of an appeal to POPLA then the usual suggestion is t take that offer even though POPLA will refuse your appeal.
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Hi i have told them that i am not liable for this pcn ..And if i have said something else there response should also be the same ..They always deny it if you appeal to the related agency ..Thank you
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What did your appeal say?
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Hi i have appealed them and they denied the appeal and asked me to pay fine or take matter to Popla..So Experts please suggest me what to do next .I am attaching the link here to what they have said ..Please guide me..Thank you
https://drive.google.com/file/d/1MmQ_3owGoWfsYDilhK5b8QqQYkp4X3i1/view?usp=drivesdk
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Try this: Thank you for your PCN. I deny liability for this and am not prepared to waste my time making an appeal. Should you wish to pursue the matter, you can do so via the Court system
I'm not sure I'd recommend that approach. The courts expect potential litigants to treat court as a last resort, and make efforts to resolve the matter without their involvement. If the recipient of a parking charge is of the belief he does not owe the money, he should set out the reasons why, not refuse to engage altogether and say "see you in court".
If you're planning to fight the matter, you might as well do it properly, and if so, you would be wise to show us the back of the PCN, and photos of the signage at the site.
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Try this: Thank you for your PCN. I deny liability for this and am not prepared to waste my time making an appeal. Should you wish to pursue the matter, you can do so via the Court system
Yours
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I phoned another expert who is a solicitor and specialist in this area. And go with @b789 as above.
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@b789@Muhammad I am not an expert in this field and I have no idea re this case frankly.
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Hi okay thank you so much for your assistance ..
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The decision has to be yours. You can challenge it but it is likely to go all the way to a county court claim which you will have to defend. Depending on whether CE issue the claim themselves, which usually means they have a fairly solid case, or the hand it over to DCB Legal, in which case you are guaranteed that it will be discontinued if defended.
So, without knowing how they will proceed with it once the initial appeals are rejected (they will be), all I can advise is that should you feel that you have been issued the PCN unfairly, then if CE issue the claim themselves, you have a 50:50 prospect of winning. If they hand to to DCB Legal to issue the claim, then you have a 99.999% chance of winning.
The choice is yours. We will of course provide any necessary advice should you decide to fight the PCN.
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Hi ..i have talked to gym staff but they said they can't do anything and there are ni clear signs there that the parking was for gym only ..please guide me..Should i challenge this and if so then on what grounds ?thank you
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Ok i will do that and if they did not drop it then what do you suggest ?? Should i pay it or is there anyone who can help me fight this PCN ..thank you
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You can find the landlord and ask them to get it cancelled. If the mosque is in the same building as the gym, then ask someone there who is the landlord or managing agent and then contact them and ask that the charge is cancelled.
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So what do you suggest ??because there is sign of permit holders and the parking was next to building in which mosque is on ground floor and gym is on 3rd floor..and through ticket i came to know about that the parking was for gym as it was not mentioned anywhere that it was for gym members ..and if i want to fight what is the legal way of fighting and is there anyone you know who can help me with this ..please let me know ..Thank you
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To be honest, there is very little chance that this will be successful at any appeal. The lesson to be learnt is that the driver should always check for any terms and conditions signs when entering private land.
If you want to try and fight it, you must be prepared to fight it all the way to a county court claim. CEL sometimes use DCB Legal to issue their claims and those are easy to defeat. However, they are increasingly using their own in house legal team and these are more likely to go all the way to a hearing, where this case has maybe a 50% chance.
The only real argument would be signage. If the driver was unaware that they could or should not park where they did, then it is possible that the signs were not adequate for the job.
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Hi it was mentioned over there permit holders only and there was masjid in the same building i was there to offer my prayer but i did not know that we were not allowed to park there .Is there any ground for appeal ? Please let me know
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Why was the vehicle parked for 22 minutes in breach of the terms and conditions? What kind of help are you looking for?
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Hi everyone ..I got this PCN today ..Any expert who can help me with this situation..Please let me know .
Thank you
https://drive.google.com/file/d/14GV6NQSt_i4fkd7uROqfkc8VWmLTu8nj/view?usp=drivesdk