Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: shmo on December 17, 2025, 03:23:44 pm
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And watch out for the deadline, you haven't shown us the date on the N1SDT form so only you know what 28+5 days from this date is, on which date by 4pm is the deadline for submission as long as you earlier submitted an AoS.
Right yep my bad. Well at any rate it's tomorrow 4pm. I'm going to submit it later today after I check here and do another once over (https://emoji.tapatalk-cdn.com/emoji106.png)
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And watch out for the deadline, you haven't shown us the date on the N1SDT form so only you know what 28+5 days from this date is, on which date by 4pm is the deadline for submission as long as you earlier submitted an AoS.
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Defence looks good.
No need to stress over this - you simply aren't liable.
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Apologies all - I've been super stressed over this and a bunch of other things and obviously not handling it well! Really appreciate every bit of help you've all assisted so far.
Let me just bring you all up to speed, I think this is all the relevant info:
* To my knowledge they have provided all the correct documents from the NTK through to the money claim. There was a followup NTK, a debt recovery attempt from ZZPS, and a Letter Of Claim from DCB Legal.
* I've attached a link to the image of the Particulars of Claim against me - https://ibb.co/d0d2x6Ln
* I've also gone and written up a draft defence, it's at the bottom of this message.
Please let me know if I've missed anything important, and if you have the time to spare give a read over the defence... use it? Toss it and start again? Thoughts?
As always, thank you thank you. Amazing work (https://emoji.tapatalk-cdn.com/emoji4.png)
DRAFT DEFENCE
1. The Defendant is the registered keeper of vehicle BT66PLN. It is denied that the Defendant is indebted to the Claimant in any sum.
2. The Particulars of Claim are inadequately particularised: £170.00 is claimed as "the total of the PC and damages" without identifying what the damages are or how they are calculated. The Defendant will seek permission to amend this Defence if the claim is properly particularised.
3. As to paragraph 2 of the Particulars of Claim, no notice was given to the driver at the time. The vehicle was recorded by automated number plate recognition, and the Claimant's Notice to Keeper, issued 13 December 2025, was received by the Defendant on 17 December 2025.
4. As to paragraph 3, the Defendant was not the driver of the vehicle on 29 November 2025 and it is denied that he was. The Defendant is under no obligation to identify the driver and declines to do so. The Claimant is put to strict proof of the driver's identity.
5. The Defendant was not present at the site and is unable to admit or deny the Claimant's allegations as to the signage, the terms said to have been displayed, or the conduct of the driver. The Claimant is put to strict proof that adequate notice of any terms was given so as to form a contract with the driver, and that any such term was breached.
6. As to paragraph 4, the Claimant cannot rely on Schedule 4 of the Protection of Freedoms Act 2012. No notice to driver having been given, paragraph 9 applies. By paragraph 9(4)(b) the Notice to Keeper must be delivered within the relevant period, which by paragraph 9(5) is the period of 14 days beginning with the day after that on which the specified period of parking ended. The parking is alleged to have occurred on 29 November 2025, so that period expired on 13 December 2025.
7. The Notice to Keeper cannot have been posted before the date it bears, 13 December 2025, which was a Saturday. By paragraph 9(6) a notice sent by post is presumed to have been delivered, and so given, on the second working day after the day on which it is posted. The earliest date on which it can be treated as given is therefore 16 December 2025, and it was in fact received on 17 December 2025. On either date it was given outside the relevant period.
8. The condition in paragraph 6 of Schedule 4 is therefore not satisfied and no liability attaches to the Defendant as keeper.
9. Further and in the alternative, if any keeper liability arises, paragraph 4(5) of Schedule 4 limits the sum recoverable from the keeper to the amount specified in the Notice to Keeper, which is £100.00. The further £70.00 claimed as a debt recovery fee is therefore irrecoverable from the Defendant as keeper. It is denied in any event as representing no genuine loss to the Claimant and as double recovery.
10. The Defendant denies that any sum, interest or costs is due to the Claimant, whether as driver or as keeper, and invites the court to dismiss the claim. The Defendant reserves the right to seek costs under CPR 27.14(2)(g).
Statement of truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
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Finally have received something else about this, a letter from HM Courts & Tribunal Service
??
The Code of Practice requires them to respond to your 'appeal' and to offer the opportunity of dispute resolution through their chosen method, in this case IAS.
Then after they've considered and responded you and you've exhausted their methods or them you, then you engage with Administrative Law, in this case a Letter of Claim to which you should respond.
All the above is missing??
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Please post rather than summarise.
Sorry if this is a stupid question, but do you mean post the full received letter (minus personal details)?
Yes, it is.
If you want more advice you need to provide more details.
http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
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Please post rather than summarise.
Sorry if this is a stupid question, but do you mean post the full received letter (minus personal details)?
You have 14+5 days from the date on the N1SDT form to submit a defence or Acknowledgment of Service. If you submit AoS you have 14 more days.
Your defence needs to respond to the Particulars of Claim on the N1SDT as well as the original Notice to Keeper.
Right so submitting the AoS immediately just buys me a bit more time to put together the defence before submitting it? I don't think I see any potential downside to doing so.
Yes I have all the bits to submit, I'll confirm here once I've collated them all together.
Thanks 🙏
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Please post rather than summarise.
You have 14+5 days from the date on the N1SDT form to submit a defence or Acknowledgment of Service. If you submit AoS you have 14 more days.
Your defence needs to respond to the Particulars of Claim on the N1SDT as well as the original Notice to Keeper.
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Okay team, appreciate the help as always.
Finally have received something else about this, a letter from HM Courts & Tribunal Service that they've made a money claim against me for the amount, the court fee, and the legal representative's costs. Now I have 5 days to respond to it... is this the bit I've been waiting for (ie is this "going to court")?
I will respond ASAP and attach the PoFA violation text where I can (I haven't gone through the entire reply form yet), but just wanted to check that this is again all part of the plan.
Thank you!
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Yes, they’re common.
They are trying to trick you into identifying the driver. You can ignore.
They will reject your appeal in a week or so, “after careful consideration” which is untrue, they always reject appeals because it’s only about the money.
Then you can appeal to the IAS who might uphold your appeal, but even if they don’t, we can advise and you will end up paying £0.
Thanks that makes sense, appreciate the response 👍
Guess I'll just keep trodding along then!
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Yes, they’re common.
They are trying to trick you into identifying the driver. You can ignore.
They will reject your appeal in a week or so, “after careful consideration” which is untrue, they always reject appeals because it’s only about the money.
Then you can appeal to the IAS who might uphold your appeal, but even if they don’t, we can advise and you will end up paying £0.
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Just got a reply from Bank Park:
Thank you for your recent correspondence in relation to parking charge reference xxxx.
To assist us in making a decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven days of the date of this letter.
This information may be confirmed by submitting another appeal on our website at www.appeals.bankpark.co.uk, or by post to the address overleaf. Please ensure that if writing to us by post that you include the parking charge reference number and vehicle registration.
Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received.
The parking charge has been placed on hold whilst under appeal and may be settled in full at the current PCN rate of £100.00
This response competely ignores basically everything in my appeaal to them. My guess is it's probably automated as they haven't referenced the PoFA violation, nor that I stated I won't be identifying the driver.
Does anyone else get these kind of replies? Standard operating procedure? Just repost the same appeal to them again?
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The IAS are useless, but of the very few cases they do accept, it is often ones where there is a clear and unarguable failure to comply with PoFA, so if Bank reject it's still well worth a go at IAS.
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Yes, but it will never each a hearing as it will either be struck out or discontinued.
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Don’t waffle on about what date you actually received it. It is irrelevant. The ONLY thing that matters is that the NtK was “given” more than 14 days after the date of the alleged contravention. Therefore, they cannot rely on PoFA to hold the Keeper liable if the driver is not identified.
Also, I have no idea why you are going on about POPLA. Bank Park are IPC members so it will be the IAS that deliberates the secondary appeal. Good luck with that kangaroo court.
Ahh thanks for the heads up, I didn't realise there was more than one ie POPLA & IAS. Sounds like IAS are a right pain in the ass, and it'll likely require going through bank park appeal > ias appeal > debt collector attempts > then finally court before it gets resolved for a PoFA violation.
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Don’t waffle on about what date you actually received it. It is irrelevant. The ONLY thing that matters is that the NtK was “given” more than 14 days after the date of the alleged contravention. Therefore, they cannot rely on PoFA to hold the Keeper liable if the driver is not identified.
Also, I have no idea why you are going on about POPLA. Bank Park are IPC members so it will be the IAS that deliberates the secondary appeal. Good luck with that kangaroo court.
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I would add reference to the “deemed delivery” date of 16/12 as well, otherwise they could say they’re not responsible for postal delays and the actual delivery date. In this, the “deemed” delivery date is usually more important than the actual delivery date, and since both are later than the requirements of PoFA 2012 anyway, mention them both.
(https://emoji.tapatalk-cdn.com/emoji106.png)(https://emoji.tapatalk-cdn.com/emoji106.png) Good idea.
-- REVISED APPEAL --
Dear Bank Park Management,
I am the registered keeper of the vehicle [registration number].
The alleged parking event occurred on 29 November 2025. Your Notice to Keeper is dated 13 December 2025. It was received on 17 December 2025 and, in any event, under section 7 of the Interpretation Act 1978, the earliest deemed date of delivery would be 16 December 2025, which is outside the 14-day period required by paragraph 9(4) of Schedule 4 of the Protection of Freedoms Act 2012.
As the Notice to Keeper was not delivered within the statutory timescale, you have failed to establish keeper liability. I will not be identifying the driver.
Please confirm that the charge has been cancelled or provide a POPLA verification code.
Thank you,
[My Name]
Registered Keeper
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I would add reference to the “deemed delivery” date of 16/12 as well, otherwise they could say they’re not responsible for postal delays and the actual delivery date. In this, the “deemed” delivery date is usually more important than the actual delivery date, and since both are later than the requirements of PoFA 2012 anyway, mention them both.
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“Deemed delivered” 16/12 which is more than 14 days after 29/11, two working days allowed for posting.
There is no register of owners, you are the registered keeper.
You appeal, as the registered keeper, that you can not be liable for the actions of the driver, whom you will not be identifying. Sample appeals here, you may want to post what you plan to use here before sending.
The appeal will be rejected even though it’s correct, but it’s the start of the process in which you will end up paying nothing.
"Registered keeper" - got it (https://emoji.tapatalk-cdn.com/emoji106.png)
I've got this so far, please feel free to tell me what you think (below).
The process is an online form on their website.
From what it sounds like the process will be:
* I'll appeal the NTK on their website.
* They'll either reject it or I won't hear anything back at all.
* Presumably at some point I'll get a POPLA code from them (maybe I'll have to ask them again for it if not automatically provided?)
* I'll submit a similar appeal to POPLA.
* Hopefully NTK goes away at that point.
Dear Bank Park Management,
I am the registered keeper of the vehicle [Reg Number].
The alleged parking event occurred on 29 November 2025. Your Notice to Keeper is dated 13 December 2025, but I received it on 17 December 2025, which is outside the 14-day period required by paragraph 9(4) of Schedule 4 of the Protection of Freedoms Act 2012.
As the Notice was not delivered within the statutory timescale, you have failed to establish keeper liability. I will not be identifying the driver.
Please confirm that the charge has been cancelled or provide a POPLA code so that I may submit an appeal.
Thank you,
[My Name]
Registered Keeper
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Please show us the back of the Notice to Keeper (NtK), as it would be useful to see if they are trying to rely on PoFA to hold the Keeper liable, in breach of the PPSCoP section 8.1.1(d).
I would've included it originally if it had anything useful on it!
It's just how to pay, contact, appeal, data protection info. There's nothing on there about POFA or keeper etc at all.
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Just for your record "it is not a fine".
It is an invoice.
The word "Fine" makes us cringe.
Heard loud and clear, appreciate your comment (https://emoji.tapatalk-cdn.com/emoji57.png)
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Please show us the back of the Notice to Keeper (NtK), as it would be useful to see if they are trying to rely on PoFA to hold the Keeper liable, in breach of the PPSCoP section 8.1.1(d).
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Just for your record "it is not a fine".
It is an invoice.
The word "Fine" makes us cringe.
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“Deemed delivered” 16/12 which is more than 14 days after 29/11, two working days allowed for posting.
There is no register of owners, you are the registered keeper.
You appeal, as the registered keeper, that you can not be liable for the actions of the driver, whom you will not be identifying. Sample appeals here, you may want to post what you plan to use here before sending.
The appeal will be rejected even though it’s correct, but it’s the start of the process in which you will end up paying nothing.
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Hi (https://emoji.tapatalk-cdn.com/emoji112.png)
The driver of my registered vehicle failed to pay for a 23 minute stay in the car park. The license plate was snapped and a fine sent to the registered owner.
From the research I've done, I'm seeking advice about whether the fine can be dismissed under non-compliance for POFA 2012 Schedule 4, as I have received the letter beyond the allowed 14 day period (key dates below):
Parking charge date - 29/11/2025
NTK letter date - 13/12/2025
NTK arrived today - 17/12/2025
There's no stamp on the envelope other than the printed "Delivered by Royal Mail C9 10002", but either way between the charge date and the letter date (excluding postage time) it's 15 days inclusive.
NTK uploaded here - https://ibb.co/B2ZLdTTD
What's your thoughts on this?
If dismissible, what are my next steps?
Thank you in advance!