Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: amuk786 on August 08, 2025, 10:37:43 am

Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on December 10, 2025, 11:45:06 pm
Just as an fyi - 1st debt collector letter received 28th November 2025.

No action taken.
Title: Re: Parking Charge UK Car Park Management
Post by: b789 on November 01, 2025, 05:59:51 pm
Understood, thanks.

Is there any point in contacting UK Car Park Management to acknowledge this decision or do you think they will contact me before handing over to a debt collection agency?

Have we missed something in our position of 'relevant land' that the adjucator has seen in the contract that was provided to them to make them think they can win in court?

Is there anything else I can obtain to prove this further without any doubt?

You are overthinking this. You are not dealing with a firm that has any sort of "customer ethos". These are ex-clamper scammers. They are hoping you are low-hanging fruit on the gullible tree and can be intimidated into paying up out of ignorance and fear!

You are assuming the "adjudicator" is a real, legally qualified person. They are not. On what planet do you think it is reasonable for any evidence of a valid contract to be withheld has evidence from you? Maybe in North Korea or Russia, they can rely on "evidence" that is withheld, but you are dealing with a kangaroo court.

You are in the midst of a scam and the sooner you understand that, the easier this will become. Don't be naive about this. We deal with this day in and day out.

Why are you worried about this being "handed over to a debt collection agency"? Who gives a toss about a third party with zero power to do anything except to prey on your ignorance and fear? Any debt collector is powerless to do anything. They are not a party to any contract allegedly breached by the driver. Ignore all debt recovery letters. Shred them and use them as hamster bedding for anyone cares. We don't need to know about them and you should stop worrying about them. They cannot do ANYTHING! They will not an cannot affect your credit rating.

If you are so unknowledgeable about how a CCJ works, then have a rad of this:

Do you have any understanding of how someone gets a CCJ? Nothing we advise on here will make anyone get a CCJ.

Quote
A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.
• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.
•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).
• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.
• Debt collectors have no power—they just send letters and can be ignored.
No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).
• This is a warning that they may start a court case.
• The recipient has 30 days to reply before a claim is filed.
No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.
• The court sends a Claim Form with details of the claim and how to respond.
• The recipient has 14 days to respond (or 28 days if they acknowledge it).
No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.
• If the recipient ignores the claim, the parking company wins by default.
No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.
• If they pay within 30 days, no CCJ goes on their credit file.
• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.
• The person loses or ignores the case.
• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on November 01, 2025, 09:31:59 am
Understood, thanks.

Is there any point in contacting UK Car Park Management to acknowledge this decision or do you think they will contact me before handing over to a debt collection agency?

Have we missed something in our position of 'relevant land' that the adjucator has seen in the contract that was provided to them to make them think they can win in court?

Is there anything else I can obtain to prove this further without any doubt?

Thanks

Title: Re: Parking Charge UK Car Park Management
Post by: b789 on October 31, 2025, 02:25:16 pm
Not unexpected. As you see, the decision is from an anonymous fetishist who never finished high school and is into bestiality, for all we know. As for the claim that they are "legally qualified", that can be dismissed instantly. They never answered the question about whether the land is "relevant" for the purposes of PoFA and simply stated "The Appellant is liable as the keeper of the vehicle".

They used to claim that all their "adjudicators" were either legally trained as solicitors or barristers. I note that they have now removed that claim after I have persisted in exposing their unverified claims and now they have simply said "legally qualified". If any of that is not evidence of the Kangaroo court nature of the IAS, I don't know what else would be required.

Never mind. That decision is not binding on you and you don't pay anything. You are now likely to get debt recovery letters which you can safely ignore. Debt collectors are powerless to do anything except to try and intimidate the low-hanging fruit on the gullible tree into pain gout of ignorance and fear. For all anyone cares, you can shred those letters and use them as hamster bedding.

Eventually, you will receive a Letter of Claim (LoC). When you do, come back and we will give you the response to send. What you want is a county court claim, because that is the only forum where you would get an impartial decision based in the actual facts from the only truly independent arbiter, a district judge.

However, the odds of this ever getting as far as an actual hearing are slim to none. They will go through the motions in the hope that you are gullible and ignorant enough of the process to give in and just pay up. In the vast majority of these cases, the claim is either struck out or discontinued just before they have to pay the £27 trial fee.

So, come back when you receive an actual LoC. We don't need to know about any useless debt recovery letters.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on October 31, 2025, 02:48:22 am
And here we have the response:

The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.

Parking Charge Number (PCN): 7xxxxxx6
Vehicle Registration: DxxxxxxB
Date Issued: 28/07/2025

Appeal Outcome: Dismissed

The Adjudicators comments are as follows:

"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.
The Appellant's vehicle has been recorded as entering this site at 20.02 and leaving at 20.38. No e-permit was held for the vehicle, nor was payment made to remain on site.
The Appellant is liable as the keeper of the vehicle. The operator has satisfied me that they have the relevant contract with the landowner to enforce parking restrictions at this site.
The signage is prominent, clear and unequivocal in its terms.
The Appellant should have seen the signage and should have realised that payment was required to park or registration at the kiosks in reception was required.
Having considered all the relevant issues raised and the evidence submitted, I am satisfied that the operator has established that the Parking Charge was properly issued in accordance with the law.
This appeal therefore has to be dismissed. "

As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred.

As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter.

You should contact the operator within 28 days to make payment of the charge.

Should you continue to contest the charge then you should consider obtaining independent legal advice.

Yours Sincerely,
The Independent Appeals Service

Thoughts? Next action?
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on September 19, 2025, 10:26:21 pm
Superb!

Thank you kindly. Will update here in due course.
Title: Re: Parking Charge UK Car Park Management
Post by: b789 on September 19, 2025, 06:22:33 pm
I would expand with much more detail and clearly rebut any points of the appeal they have not responded to or incorrectly stated. Here is an expanded rebuttal to the operators prima facie case you can use:

Quote
This response addresses and rebuts each point in the operator’s prima facie case and shows why the PCN cannot lawfully be enforced.

1.Keeper Liability Cannot Apply

The operator argues that the site is “relevant land” because there is no TRO and the site is managed under a private agreement. That is a misstatement of the law.

Paragraph 3(1)(b) of Schedule 4 excludes “a parking place which is provided or controlled by a traffic authority.” Paragraph 3(2) defines a traffic authority to include a London borough council. Cranbrook Primary School is a community school, not an academy or foundation school. The site is both owned and controlled by the London Borough of Redbridge. The school governing body does not own or control the land independently. Control therefore rests with Redbridge Council, which is a traffic authority. That alone excludes this land from being relevant land.

The operator’s focus on the absence of a TRO under the Road Traffic Regulation Act 1984 is misplaced. PoFA does not say “provided or controlled under RTRA powers.” It says “provided or controlled by a traffic authority.” Parliament could have restricted the scope to RTRA car parks but did not. The statutory test is broader, and it is satisfied here.

Even if paragraph 3(1)(b) were doubted, paragraph 3(1)(c) also applies. It excludes land where parking is “subject to statutory control.” Cranbrook Primary School is subject to statutory governance under the Education Acts and is directly controlled by a London borough exercising statutory powers. Parking on the site is therefore subject to statutory control.

The operator’s claim that a private agreement with the council renders the site relevant land is misconceived. A contract cannot override statute. If the land is excluded under paragraph 3, no private arrangement can change that legal status.

Accordingly, the Cranbrook Primary School car park is not relevant land. Keeper liability under PoFA cannot arise, and the operator’s reliance on Schedule 4 is fundamentally flawed.

2. Failure to engage with IAS appeal points 4 and 5

The operator’s fallback (“the Appellant is the keeper and has not named the driver; PoFA enables recovery”) is nonsensical once the land is shown not to be relevant. Even a perfectly drafted NtK cannot conjure keeper liability where Parliament has excluded it. The operator has not grappled with this point.

Separately, the operator has failed to answer two discrete evidential challenges in my IAS appeal:

Point 4: Reliability and calibration of enforcement mechanism. I required strict proof that the mechanism used (ANPR or manual patrol) is reliable, synchronised, maintained, and calibrated, and that it evidences a period of parking rather than mere site presence within a consideration or grace period as required by the PPSCoP. No maintenance logs, calibration records, clock-sync evidence, or patrol notes have been produced. No evidence of the operator’s consideration/grace-period policy for this site has been disclosed. Assertions are not evidence. In the absence of contemporaneous records, the evidential chain is incomplete and the allegation is not proven.

Point 5: Proof of posting and service timing. I required strict proof that any NtK was posted in time to be “given” within the relevant period. PPSCoP 8.1.2(d) Note 2 requires the operator to retain a record of the date of posting, not merely the date a notice was generated or handed to a mail consolidator. The operator has provided no postal manifest, no proof of handover to Royal Mail, and no evidence of posting dates. A back-office “generated on” timestamp is not proof of posting or delivery. On their own case, they have not discharged the burden of proving service.

Given (i) PoFA is inapplicable because the land is excluded, and (ii) the operator has not rebutted points 4 and 5 with primary evidence, the prima facie case fails on both legal applicability and proof.

3. Landowner authority: proof required, not bare assertions

If the operator genuinely believes that merely asserting the existence of a valid agreement—without evidencing it to the appellant—is sufficient, I would relish watching them try that excuse in an actual courtroom. The IAS’s willingness to entertain such nonsense only reinforces its reputation as a kangaroo court. If this assessor is prepared to accept that a contract exists based solely on secret evidence shown only to the IAS, then congratulations: you’ve just proven why this appeals process is a farce.

The PPSCoP §14 requires evidence, not secrecy. Section 14.1(a)–(j) mandates written confirmation from the landowner covering: the landowner’s identity and a boundary plan; any applicable byelaws; the permission granted and its duration; the parking terms and conditions applied; the method of issuing charges; responsibility for necessary consents; the operator’s obligations under the Code; the documentation the operator must be able to supply on request to authorised bodies detailing the relationship with the landowner; and the operator’s approach to appeals. Note 2 confirms that where byelaws prohibit private charges they take precedence; Note 3 warns that pre-existing rights cannot be overridden by signage. These are core standing documents, not optional extras.

Commercially sensitive pricing can be redacted where justified; however, the authority clauses, boundary plan, byelaw status, scope and duration of permission, operative terms, and method of charge issuance must be disclosed in full. A private “we have authority, trust us” is not compliance with §14 and is not evidence of standing.

If the IAS is content to uphold charges on the basis of undisclosed contracts shown only to the assessor, it merely underlines that this process is not transparent and not credibly independent. The upcoming implementation of the Parking (Code of Practice) Act 2019 cannot come soon enough. When it does, incestuous outfits like the IAS—masquerading as independent while rubber-stamping operator fiction—will finally be consigned to the procedural dustbin where they belong.

Conclusion

For the reasons above—(i) the site is not “relevant land” so PoFA cannot transfer liability, (ii) the operator failed to evidence Points 4 and 5 (reliability/calibration and proof of posting/service), and (iii) standing has not been proven as required by PPSCoP §14—the PCN must be cancelled.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on September 19, 2025, 04:20:10 pm
Here would be my response with some help from AI:

Re: IAS Appeal – PCN [Reference], Vehicle [Reg], Cranbrook Primary School, IG1 3PS

Dear Adjudicator,

I note the operator’s response. It is submitted that their case remains fundamentally flawed, for the following reasons:

Land Ownership and Statutory Control

The HM Land Registry Title Register (EGL505126) confirms the freehold is owned by The Mayor and Burgesses of the London Borough of Redbridge

summary_of_title_EGL505126_GOV.

Land owned by a local authority is, by definition, subject to statutory control. POFA Sch.4 para.3(c) excludes such land from being “relevant land,” regardless of whether a TRO is currently in place. The operator has misstated the legal test by narrowing it to TROs under the RTRA 1984.

Keeper Liability Cannot Apply

Because the land is not relevant land, the operator cannot transfer liability to the keeper under POFA. Their reliance on Schedule 4 is therefore misconceived.

Failure to Evidence Landowner Authority

The operator relies on a supposed “private agreement” but has refused to produce the unredacted contract. Without documentary proof of authority from the council, their claim cannot be substantiated. Mere assertion is inadequate.

Misuse of Personal Data

The operator’s continued attempt to pursue keeper liability where POFA does not apply amounts to unlawful processing of my data. This is a breach of the Data Protection Act 2018 and UK GDPR.

In conclusion, the operator has failed to discharge their burden of proving that the site is “relevant land” under POFA. The Land Registry evidence conclusively establishes that the land is local authority–owned and thus excluded from POFA. Keeper liability cannot therefore apply, and the PCN must be cancelled.

-------

Thoughts?
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on September 19, 2025, 04:12:32 pm
Hello

Thank you very much for your patience and due diligence. Much Appreciated.

I have followed the appeal process and have logged the appeal with IAS.

The operator has replied today as follows:

The operator made their Prima Facie Case on 19/09/2025 11:15:07.

The operator reported that...
The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
ANPR/CCTV was used.
The Notice to Keeper was sent on 31/07/2025.
A response was received from the Notice to Keeper.
The ticket was issued on 28/07/2025.
The Notice to Keeper (ANPR) was sent in accordance with PoFA.
The charge is based in Contract.

The operator made the following comments...
The appellant has been captured by ANPR entering and leaving the car park.

The vehicle was at the car park for 35 minutes, evidence of this can be seen in the attached document '70XXXX26'.

The appellant has parked within the car park and did not register their vehicle.

Signage clearly states "MOTORISTS MUST REGISTER WITH A VALID E-PERMIT OR HAVE A VALID EXEMPTION BY ENTERING THEIR FULL, CORRECT VEHICLE REGISTRATION INTO THE KIOSKS LOCATED WITHIN THE RECEPTION AREAS OR BE REGISTERED VIA SIPPI".

Please be advised, physical permits are not currently in use at this location. Our records indicate that vehicle registration DSXXXLB was not registered on the E-Permit system, however other vehicles are registered on the E-Permit system on the date of contravention. This can be seen in the attached document '70XXXX26'.

The signage is clear within the area and states the terms and conditions for parking. It is the driver's responsibility to ensure they register their vehicle. This is the only way we can determine which vehicles are authorised to be parked within the restricted area.

Please be advised that the appellant has submitted the same evidence within their IAS appeal as was provided in their original online appeal.

You have argued that the site in question is subject to statutory control and thus excluded from the definition of “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012 (POFA).

We must clarify that not all land owned by a local authority is subject to statutory control. In this case, the parking area at Cranbrook Primary School is not governed by a Traffic Regulation Order (TRO), nor is it subject to enforcement under the Road Traffic Regulation Act 1984.

This specific site is managed under a private agreement between the landholder and our client, under which we are authorised to operate a private parking enforcement scheme. Therefore, the land qualifies as “relevant land” under Schedule 4 POFA, and keeper liability may be pursued where the driver is not identified.

The Appellant accepts that they were the registered keeper of this car at the time of this incident but has not been prepared to identify the driver. The provisions of the Protection of Freedoms Act schedule 4 enable the Parking Operator to recover against the keeper if they fail or refuse to name the driver.

We note your concerns under the Data Protection Act 2018 and UK GDPR. As a precaution and in line with our internal protocols, your correspondence and data concerns have been forwarded to our Data Protection Officer, who will review your claims separately.

Please be assured that all personal data is processed in compliance with the UK GDPR, and only for purposes directly related to the enforcement of this charge and legitimate interest in site management.

You have requested a copy of the unredacted landowner agreement. Please note that we are not obligated to share proprietary contractual documents with third parties during the appeals process. However, we can confirm that we have valid, written authorisation to operate on this site, in line with the International Parking Community (IPC) Code of Practice.

The PCN was issued correctly under this authority and in full accordance with industry regulations.

By the appellant parking at the restricted area, they have contractually agreed to pay the parking charge notice.


-------

As they say, in for a penny, in for a hundred pound  ;) -

I have until 26/09/2025 23:59 to respond.

There are two options:

1. Submit a response
2. Refer case to arbitration

Title: Re: Parking Charge UK Car Park Management
Post by: b789 on September 18, 2025, 12:02:54 pm
Update for @amuk786 regarding this case. I submitted the following FoI request to the London Borough of Redbridge:

Quote
Dear FOI Team,

Under the Freedom of Information Act 2000, I request the following information regarding parking enforcement at Cranbrook Primary School, The Drive, Ilford, IG1 3PS:

Has the London Borough of Redbridge, or any delegated authority thereof, contracted UK Car Park Management (CPM) to operate parking enforcement services at the above site?

If so, please provide:

• The name of the contracting party or authority.
• The date the contract was initiated.
• The scope and duration of the contract.
• A copy of the contract or agreement (with any necessary redactions).

If CPM was contracted by the school directly, please confirm whether the school had delegated authority from the borough to enter into such an agreement concerning land use and enforcement.

This request concerns the legitimacy of private enforcement activity on land that appears to fall under local authority control. Please treat this as a matter of public interest and procedural accountability.

I look forward to your response within the statutory 20 working days.

Yours faithfully,

B789

They have responded today with the following:

Quote
Dear B789

Freedom of Information Act 2000

Thank you for your request for information received on 31 July 2025

This request is being handled under the Freedom of Information Act 2000

Section 1 of the Freedom of Information Act 2000 provides two distinct but related rights of access to information which impose corresponding duties on public authorities. These are:

• The duty to inform the applicant whether or not information is held by the authority
and, if so,
• The duty to communicate that information to the applicant.

Request

Under the Freedom of Information Act 2000, I request the following information regarding parking enforcement at Cranbrook Primary School, The Drive, Ilford, IG1 3PS:

• Has the London Borough of Redbridge, or any delegated authority thereof, contracted UK Car Park Management (CPM) to operate parking enforcement services at the above site?

If so, please provide:


• The name of the contracting party or authority.
• The date the contract was initiated.
• The scope and duration of the contract.
• A copy of the contract or agreement (with any necessary redactions).

If CPM was contracted by the school directly, please confirm whether the school had delegated authority from the borough to enter into such an agreement concerning land use and enforcement. This request concerns the legitimacy of private enforcement activity on land that appears to fall under local authority control. Please treat this as a matter of public interest and procedural accountability.

I am writing to advise you that, following a search of our paper and electronic records, I have established that the information you requested is not held by London Borough of Redbridge. Please contact Private Parking firm directly for the requested information.

Redbridge did meet s1(1)(a) FOIA in saying “information ... is not held”, but the reply falls short of the duty to advise and assist under s16 and the Section 45 Code. They told me to “contact [the] Private Parking firm,” which is not a public authority for FOIA purposes, instead of identifying/redirecting to the most likely public holder (the school/governing body) or considering a transfer. They also didn’t address obvious council-held points my request covered—e.g., whether Redbridge is the landowner or has granted any delegation to the school regarding parking enforcement—matters the Council should be able to confirm even if it doesn’t hold the CPM contract itself.

So, I am pursuing an internal review and have asked them:

Quote
Subject: Request for Internal Review

Dear FOI Team,

I am writing to request an internal review of your response to my Freedom of Information request regarding the contracting of UK Car Park Management (UKCPM) at Cranbrook Primary School.

Your reply stated that the information I requested is not held by the London Borough of Redbridge and advised me to contact the private parking firm directly. I believe this response is inadequate for the following reasons:

1. Failure to confirm land ownership and delegation
Even if the Council does not hold the UKCPM contract itself, you are still able – and obliged – to confirm whether the land in question is Council-owned or controlled, and if so, whether any delegation has been granted to the school governing body to enter into such arrangements. This is relevant context squarely within the scope of my request.

2. Duty to advise and assist (s16 FOIA)
The Section 45 Code of Practice requires public authorities to advise and assist applicants. Directing me to contact a private company that is not subject to FOIA does not satisfy this duty. You should instead have identified or signposted the correct public body likely to hold the requested information – in this case, the governing body of Cranbrook Primary School – or considered whether a transfer under FOIA was appropriate.

3. Incomplete handling of the request
My request covered not just the specific contract with UKCPM but also any agreements, delegations, or authorisations by the Council concerning parking enforcement at this location. These are matters the Council is in a position to confirm.

I therefore request that the internal review addresses:

• Whether the land at Cranbrook Primary School, including the car park, is owned or controlled by the Council.
• Whether the Council has delegated authority to the school governing body to enter into parking enforcement arrangements.
• Whether the Council holds any records, correspondence, or authorisations relating to the introduction of private parking enforcement at this site.
• Proper signposting or transfer to the public body that does hold the requested contract (likely the school/governing body).

Please ensure this review is conducted in line with the FOIA Code of Practice and completed within 20 working days.

Yours sincerely,

B789

Any update on how you are getting on with the PCN so far? DO NOT pay anything to UKCPM as they are scamming.
Title: Re: Parking Charge UK Car Park Management
Post by: b789 on September 07, 2025, 08:53:35 pm
I give in. Until we know who is the Keeper (person A), who is the person who made the appeal, if different from person A (person B).

Person A is the Keeper. They may also be the driver but we don’t need to know this and neither does the parking firm.

According to what we’ve been told, there is a person C who has been named as the driver and the parking firm are going to send a notice to them in their name.

All tha should have happened is that person A should have appealed as the Keeper and declined to identify the driver. Had that happened, we would know where we stand and this could easily hav be een dealt with.

Now we only have cryptic answers to questions that I am no longer bothered to answer,
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on September 07, 2025, 07:18:22 pm
Correct, not hirer or lessee.

I'm not sure what that means, it is puzzling.
Title: Re: Parking Charge UK Car Park Management
Post by: b789 on September 07, 2025, 05:52:12 pm
You are not the RK. You are assisting the RK. The land is not relevant for the purposes of PoFA. The response to the appeal you were advised to tell the Keeper to send, says that you (whoever made the appeal) have been named as the driver and a new PCN will be issued in your (the drivers?) name.

It sounds as though whoever appealed the PCN, didn’t use the wording as advised. We have no idea who actually appealed and whether they did so in the name of the Keeper ot ‘on behalf’ of the Keeper.

This all needs clarifying as it would seem that this simple NtK has been FUBAR’d.
Title: Re: Parking Charge UK Car Park Management
Post by: H C Andersen on September 07, 2025, 12:30:25 pm
OP, you are assisting the RK who is RK and not simply a hirer or lessee, yes?

So, any ideas what this might mean?

Please note, a new notice will automatically be generated and sent to you, as the liability has been transferred into your name.
Title: Re: Parking Charge UK Car Park Management
Post by: jfollows on September 07, 2025, 10:52:45 am
They thoroughly investigated the evidence you provided that the land is not “relevant land” for the purposes of PoFA 2012 by ignoring it completely. Nothing unusual, because if they agree with you they get £0 whereas if they reject your appeal you might pay them.
The IAS will side with them, but the process will cost them money at least.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on September 07, 2025, 10:31:37 am
I have receieved the following from Car Park Management Ltd on September 4th in response to my appeal:



DATE OF PARKING EVENT: 28th July 2025

PAYMENT DUE DATE: 18th September 2025                                                           

TOTAL AMOUNT DUE: £60.00                                                 

Dear XXXXXXXXXXXX,                                               

Thank you for your appeal against the above Parking Charge Notice.

At UK CPM we consider all appeals on a case-by-case basis. We take each appeal very seriously and thoroughly investigate any evidence that has been provided. We appreciate your circumstances and understand this is not a situation anyone would like to find themselves in; however, these parking conditions have been put in place to ensure fair usage for all motorists and support the needs of our client. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.

The decision to uphold your parking charge notice has been made on the following basis.

Whilst we note the comments and reason for appeal, we can confirm that the vehicle remained on site for 35 minutes with no permit to authorise your stay. We must advise that this car park is run by Automatic Number Plate Recognition (ANPR) cameras which take a time and date stamped image of the vehicle on entry and exit, measuring the length of time the vehicle remained on site, this information is then cross-referenced with the data from the permit systems. Due to no permit being found, we can confirm that this PCN has been issued correctly.

Please note, a new notice will automatically be generated and sent to you, as the liability has been transferred into your name. This is for your records only and does not allow you to appeal again internally or transfer liability. You now have 14 days from the date of your new notice to make payment at the reduced fee of £60.00. If payment is not received within 14 days, the fee will increase to the full amount of £100.00.

Either due to the reason for issue and/or the insufficient evidence provided to support the details of your appeal, we have considered this PCN and found that it does not fall under the category of Annex F the Appeals Charter of the Single Code of Practice. Therefore, if no further evidence is provided, we will deem this to be our final decision.

You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both.

To make payment of the total amount due as shown above, please use one of the following payment options;

Online: www.paymyticket.co.uk

Telephone: 0345 463 4040 (24hr)

Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR

Alternatively, if you do not agree with your internal appeal outcome and you wish to dispute the matter further, as you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 28 days of this rejection.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. If you decide to appeal to the IAS, you will need to visit their website and use your PCN reference and corresponding vehicle registration. All PCN's will be uploaded to the IAS website by the end of this working day.

If you appeal this charge further then you will lose the ability to pay at the reduced rate (if applicable). In the event that your IAS appeal is unsuccessful, the full amount for the PCN will then be payable. If you lodge an appeal with the IAS and then subsequently pay the charge prior to that appeal being determined, then the appeal will be withdrawn, and you will not be given a further opportunity to contest the charge.

If you do not wish to dispute the matter further and payment is not received within 28 days of the date of this correspondence then additional charges may be incurred, for which you may be liable. If the charge continues to remain outstanding, the matter may be later referred for litigation in the County Court which could result in a County Court Judgment being made against you; this may impact on your ability to obtain credit in the future.

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Title: Re: Parking Charge UK Car Park Management
Post by: b789 on August 10, 2025, 07:53:33 pm
For heavens sake... That article is from a case almost 18 years ago! Well before PoFA. Well before these bottom-dwelling firms were forced to try and become 'respectable' because they were simply clamping thugs at the time.

A county court case does not set precedent and has no bearing on anything unless it is at least an appellate case, and even then it is not binding, only persuasive. So much has changed since that article, it has zero relevance to anything that we advise on today.

To correct the other posters stats, currently, unregulated private parking firms issue over 40,000 PCNs a day! In 2024 they issued over 12 million PCNs.

Whilst this may go to a county court claim, the odds of it making it into a courtroom for a hearing are less than 1%. The odds of any claim being struck out or discontinued are greater than 99%.

As I said, take your tin-foil hat off.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on August 10, 2025, 07:00:02 pm
Apologies if I have offended anyone, that certainly was not my intention and I do not want to waste anyones time. I am merely trying to gain as much knowledge and do my homework, as you say it is likely to go to court. 


just to cover off:

Given that >20,000 PCNs are issued every day, the idea that parking companies read this forum just in case one of their PCNs is being discussed does not make sense. They don’t care if one of their PCNs fails because enough people just pay up on receipt of the remaining 19,999.

- I read this - https://penaltychargenotice.co.uk/private-land-enforcement/court-cases-private-land/court-cases-for-private-parking-tickets/ in which case CPS vs Stephen Thomas it seems like this evidence was used.


If you're not the RK, then in what capacity are you even trying to deal with this PCN? Consider your opening post...

- I am assisting the RK and my bad - I was writing in the first person as they would however I have been given permission to act on their behalf and will be helping them to fight this case. I previously used the website pepipoo however that is no longer online and I found this forum which I thought had individuals who would be as helpful.

Again I apologise, I will not waste your time. I will submit the appeal and take it from there.

Thank you for your help. Much appreciated.
 

Title: Re: Parking Charge UK Car Park Management
Post by: b789 on August 10, 2025, 01:13:29 pm
Just to clarify as I know that UKCPM read these forums and then rely on them later in court and I am unable to edit the post - I am not the registered keeper [fact] therefore there should be no assumption that the original post in this thread is admitting liability for being the registered keeper and driver and also there can be no assumption on probability that these posts are from the registered keeper.

You can take your tin-foil hat off. You are probably imagining this scenario:

(https://i.imgur.com/3mpuAK3.jpeg)

What is more interesting is this statement:

"I am not the registered keeper [fact]"

If you're not the RK, then in what capacity are you even trying to deal with this PCN? Consider your opening post...

I received a Parking Charge from UK Car Park Management.

Please don't be wasting our time with conspiracy theories or by trying to pretend that you are not the RK. Unless the PCN is in your name, you cannot deal with it. If it was an NtK, then it is in your name as an NtK is only sent to the RK, hence the name... "Notice to Keeper".

You've been advised how to deal with this and the likely outcome. Trying to overthink it is a waste of our time when you've had it explained already.
Title: Re: Parking Charge UK Car Park Management
Post by: jfollows on August 10, 2025, 11:56:20 am
Given that >20,000 PCNs are issued every day, the idea that parking companies read this forum just in case one of their PCNs is being discussed does not make sense. They don’t care if one of their PCNs fails because enough people just pay up on receipt of the remaining 19,999.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on August 10, 2025, 11:15:49 am
Thanks for the detailed information.


Just to clarify as I know that UKCPM read these forums and then rely on them later in court and I am unable to edit the post - I am not the registered keeper [fact] therefore there should be no assumption that the original post in this thread is admitting liability for being the registered keeper and driver and also there can be no assumption on probability that these posts are from the registered keeper.

I'm also attaching the land registry document for UK Car Park Management LTD as this can save a lot of wasted time going through appeals.



I've also been reading up on the legislation and for peace of mind have downloaded the land registry - see attached. It definitely is owned by the London Borough of Redbridge therefore a London council and hence does meet the requirement of not a relevant land as you say and therefore unenforceable:


This Schedule applies where—

(a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and

(b)those charges have not been paid in full.

(2)It is immaterial for the purposes of this Schedule whether or not the vehicle was permitted to be parked (or to remain parked) on the land.


3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—

(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b)a parking place which is provided or controlled by a traffic authority;

(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

(2)In sub-paragraph (1)(b)—

“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
(a)
the Secretary of State;

(b)
the Welsh Ministers;

(c)
Transport for London;

(d)
the Common Council of the City of London;

(e)
the council of a county, county borough, London borough or district;


(f)
a parish or community council;

(g)
the Council of the Isles of Scilly.

(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.

(4)In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—

(a)any Act (including a local or private Act), whenever passed; or

(b)any subordinate legislation, whenever made,

and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument.




The appeals body is actually IAS therefore I believe the wording will need to change slightly - let me know what you think:


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. UK Car Park Management LTD 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 but not if the land is not relevant land as per POFA 2012 and the evidence attached. UK Car Park Management LTD have no hope at the Independant Appeals Service, so you are urged to save us both a complete waste of time and cancel the PCN.
Title: Re: Parking Charge UK Car Park Management
Post by: b789 on August 09, 2025, 02:33:27 pm
I think you may be conflating council-issued Penalty Charge Notices (PCNs), which are statutory and adjudicated by independent tribunals, with private parking company-issued PCNs, which are nothing more than speculative invoices alleging a breach of contract by the driver. These are civil claims, not criminal offences, and there is no tribunal—only the small claims track of the county court if the matter escalates.

Claims rarely reach a hearing, and those that do are often won by defendants who understand the law. Because small claims decisions are not routinely published, precedents are limited. However, there are persuasive appellate cases that directly support the argument you're exploring:

VCS v Edward (2023) [H0KF6C9C] (https://www.dropbox.com/scl/fi/zra61px7l3if53o3bp9c4/VCS-v-EDWARD-Transcript.pdf?rlkey=bv4bba389nau5qpfglqkpjq5l&st=flb2em1j&dl=0)
Middlesbrough County Court confirmed that the burden of proof lies entirely with the claimant to prove the defendant was the driver. The judge rejected any inference or assumption based on keeper status alone. This is critical: unless the claimant can produce direct evidence of who was driving, the claim fails.

Brennan v Premier Parking Solutions (2023) [H6DP632H] (https://www.dropbox.com/scl/fi/1b9rpna57dutsetdgwi60/Brennan-v-Premier-Parking-Plymouth-CC-Judgment-20230821-V-Final_-14.pdf?rlkey=203u1fav6fve811lz8cm8wpwx&st=ehuacr2n&dl=0)
The court held that unless the Notice to Keeper fully complies with Schedule 4 of the Protection of Freedoms Act 2012, the keeper cannot be held liable. Importantly, the defendant is under no obligation to identify the driver, and silence cannot be construed as admission.

These cases reinforce the principle that keeper liability only arises if strict statutory conditions are met, and driver liability must be proven—not presumed. If the land is not “relevant land” under POFA (e.g. land governed by byelaws), then keeper liability is off the table entirely, and the claimant must prove driver identity to succeed.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on August 09, 2025, 12:42:01 pm
Thank you for the confirmation.

Appreciate your time on this.

Do you know if there are actual court/tribunal cases online that have used these arguments and won re: relevant land and where the registered keeper did not disclose the identity of the driver - I'd like to understand when going to court the decisions that have been made and past precedence on cases.

I've had a look online and most refer to either not seeing the sign, unfair charges or most commonly offer and acceptance of contract.

Thanks

Title: Re: Parking Charge UK Car Park Management
Post by: b789 on August 09, 2025, 11:43:29 am
My bad. Yes, you are correct. Change references to Horizon to UKCPM.
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on August 09, 2025, 11:16:58 am
I have a question:

The statement mentions Horizon?


Horizon has relied on contract law allegations of breach against the driver only.

Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Who are Horizon? Should this be UKCPM UK Car Park Management?
Title: Re: Parking Charge UK Car Park Management
Post by: amuk786 on August 08, 2025, 04:59:05 pm
Thank you much appreciated!

Will review and come back.
Title: Re: Parking Charge UK Car Park Management
Post by: b789 on August 08, 2025, 01:18:03 pm
Ha!. You won't be paying a penny of you follow the advice. The car park at Cranbrook Primary School, The Drive, Ilford, IG1 3PS, is not considered “relevant land” for the purposes of the Protection of Freedoms Act 2012 (PoFA) Schedule 4.

Under PoFA Schedule 4, “relevant land” excludes:

• Land owned or controlled by a traffic authority, including London borough councils
• Land subject to statutory control, such as schools maintained by local authorities

Cranbrook Primary School is a community school maintained by the London Borough of Redbridge, which means:

• The land is under statutory control
• The council is the traffic authority

Therefore, the land is excluded from PoFA keeper liability provisions. If a private parking company (e.g. UKCPM) issues a Parking Charge Notice (PCN) and attempts to rely on PoFA to pursue the registered keeper, they cannot do so lawfully unless:

• The land is “relevant” under PoFA
• All PoFA conditions are met

Since Cranbrook Primary is not relevant land, keeper liability does not apply. Only the driver can be pursued, and only if identified.

So, an 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 location is not 'relevant land' and, even if it was (it isn't), the NtK is not compliant with all the requirements of the ACT, 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. Horizon 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. Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Be aware that as UKCPM are IPC members, this will progress all the way to a county court claim. However, it is very easily defended with our assistance and will eventually be struck out or discontinued.

So, when the above appeal is rejected, you can submit the following to the kangaroo court that is the IAS. If it is successful, go and buy a lottery ticket, as you have about an equal chance they will accept the appeal as even a minor win on the lottery.

Quote
IAS Appeal – Cranbrook Primary School, The Drive, Ilford, IG1 3PS

I am the registered keeper of the vehicle. I deny any liability for this parking charge and appeal in full.

The parking operator bears the burden of proof. It must establish that a contravention occurred, that a valid contract was formed between the operator and the driver, and that it has lawful authority to operate and issue Parking Charge Notices (PCNs) in its own name. I therefore require the operator to provide the following:

1. Strict proof that the land in question is “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Cranbrook Primary School is a community school maintained by the London Borough of Redbridge. As such, the land is under statutory control and excluded from the definition of “relevant land” under PoFA. The operator is therefore barred from pursuing keeper liability. I require strict proof of the land’s legal status, including ownership, statutory designation, and any relevant exclusions under PoFA Schedule 4. If the operator cannot prove that the land is relevant, then any attempt to hold the keeper liable is unlawful.

2. Strict proof of clear, prominent, and adequate signage that was in place on the date in question, at the exact location of the alleged contravention. This must include a detailed site plan showing the placement of each sign and legible images of the signs in situ. The operator must demonstrate that signage was visible, legible, and compliant with the IPC Code of Practice that was valid at the time of the alleged contravention, including requirements relating to font size, positioning, and the communication of key terms.

3. Strict proof of a valid, contemporaneous contract or lease flowing from the landowner that authorises the operator to manage parking, issue PCNs, and pursue legal action in its own name. I refer the operator and the IAS assessor to Section 14 of the PPSCoP (Relationship with Landowner), which clearly sets out mandatory minimum requirements that must be evidenced before any parking charge may be issued on controlled land.

In particular, Section 14.1(a)–(j) requires the operator to have in place written confirmation from the landowner which includes:

- the identity of the landowner,
- a boundary map of the land to be managed,
- applicable byelaws,
- the duration and scope of authority granted,
- detailed parking terms and conditions including any specific permissions or exemptions,
- the means of issuing PCNs,
- responsibility for obtaining planning and advertising consents,
- and the operator’s obligations and appeal procedure under the Code.

These requirements are not optional. They are a condition precedent to issuing a PCN and bringing any associated action. Accordingly, I put the operator to strict proof of compliance with the entirety of Section 14 of the PPSCoP. Any document that contains redactions must not obscure the above conditions. The document must also be dated and signed by identifiable persons, with evidence of their authority to act on behalf of the parties to the agreement. The operator must provide an agreement showing clear authorisation from the landowner for this specific site.

4. Strict proof that the enforcement mechanism (e.g. ANPR or manual patrol) is reliable, synchronised, maintained, and calibrated regularly. The operator must prove the vehicle was present for the full duration alleged and not simply momentarily on site, potentially within a permitted consideration or grace period as defined by the PPSCoP.

5. Strict proof that the NtK was posted in time for it to have been given within the relevant period if the operator is trying to imply Keeper liability (which it cannot). The PPSCoP section 8.1.2(d) Note 2 requires that the operator must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system.)

6. The IAS claims that its assessors are “qualified solicitors or barristers.” Yet there is no way to verify this. Decisions are unsigned, anonymised, and unpublished. There is no transparency, no register of assessors, and no way for a motorist to assess the legal credibility of the individual supposedly adjudicating their appeal. If the person reading this really is legally qualified, they will know that without strict proof of landowner authority (VCS v HMRC [2013] EWCA Civ 186), no claim can succeed. They will also know that clear and prominent signage is a prerequisite for contract formation (ParkingEye v Beavis [2015] UKSC 67), and that keeper liability under PoFA is only available where strict statutory conditions are met.

If the assessor chooses to overlook these legal requirements and accept vague assertions or redacted documents from the operator, that will speak for itself—and lend further weight to the growing concern that this appeals service is neither independent nor genuinely legally qualified.

In short, I dispute this charge in its entirety and require full evidence of compliance with the law, industry codes of practice, and basic contractual principles.

When that is rejected, come back and we will advise on what happens next. Remember, if you follow the advice, you won't be paying a penny over this.
Title: Parking Charge UK Car Park Management
Post by: amuk786 on August 08, 2025, 10:37:43 am
Hi All,

I received a Parking Charge from UK Car Park Management.

The car park is attached to a sports club.

My daughter attended a club and she thought that the club finished at 8pm. I arrived to pick her up however she then told me that they have not finished yet and they are due to finish at 8.30pm. I therefore sat in the car and waited for her to finish. This was the first time we used the Car Park.

You'll see in the images - I was about to leave the car park after she told me but since I didn't have my phone on me I reversed back into the car park and waited.
1st Image - reversing back into the car park 20:02:37.617
2nd Image - leaving the car park 20:38:23.203

It's a shame if I had left and then came back, it seems this would have been ok.

I have now receieved this Park Charge for £60 at a reduced rate within 14 days or appeal. If I appeal and lose it will be £100.

I will need to revisit the car park to see if there is any signage but as I did not get out of the Car I don't believe I saw any at that time.

I have now looked online and apparantly this changed recently in Dec 2024 where users have to scan a QR code and then parking is waived. It seems they do allow drop off & collections of 30min but I was unaware that there was any charge at all. Since this was 5minutes over I am now being charged the penalty.


This is on their website:

New Process To Ease The Congestion
Frenford and Cranbrook School Car Park New Parking Method from Monday 23rd December 2024:

After parking your car, please head towards Frenford’s main building or Large Astro. You will find a Sippi sign with a beacon in the middle of the sign.

1. Download Sippi Parking App https://apps.apple.com/gb/app/sippi/id6451398275
2. Search for location using code "10870"
3. Bring device close to beacon at Frendord
4. Press "Park here" (IGNORE £20 quoted price)
5. Enter your vehicle details
6. Choose parking duration using slider (select 12 hours)
7. At the bottom - slide to start parking session
8. Add payment details
9. NEW PRICE OF £0.00 WILL NOW SHOW
10. Complete the payment and your parking begins

Warning: Do not attempt to verify parking unless you are within half a metre of the beacon.

FYI - There is a 30 minute ‘grace’ period for drop off & collections.


Other than asking for a gesture of goodwill since it was only 5minutes and my first time using the car park and I did not get out of the car - is there anything else that I can do for a successful appeal?

Thank you in advance.