Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: alirana01 on January 09, 2026, 12:11:28 am
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Nothing to worry about.
The operator has basically admitted that they didn't send you the required documents.
You maybe able to comment on the operators submission.
Something short and along the lines of;
Comments on the operators evidence.
The operator appears to confirm that they haven't complied with the precise mandatory requirements of PoFA in order to transfer liability from the unknown driver to the hirer - the specified documents where never sent to me and therefore the operator has not met the requirements of Schedule 4 Paragraph 14(2)(a).
The operator clearly suggests that I should have obtained the required documents through other means if I needed them - however, the legislation makes it very clear that the operator MUST include copies of the required documents with their NtH - supplying the documents either separately and/or at a later date does not meet the requirements of the wording set out in Schedule 4 of PoFA - the NtH and copies of the documents must be served "together".
Furthermore, the operators own comments suggest that they are unsure of the correct statutory mechanism which PoFA Schedule 4 demands when transferring liability to a hirer.
In this instance I was not the driver and there is no legal requirement for me to nominate a driver.
Keeper liability is again denied since PoFA cannot be invoked by the operator.
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Dear All,
Quick update on the situation, I appealed (as per instructions) to the IAS and now Operator has responded with these documents (https://drive.google.com/drive/folders/1phMF7Okv9dwJgv8u88xGTx1UtyiNrd3U?usp=sharing).
I’ve removed all personal details from the Transfer of Liability notices. Could you please look through everything, especially the “CCTV Footage and Response” documents for both appeals and let me know what you think the next steps should be? I’m not sure whether I should send anything further at this stage or just move straight to arbitration.
As I mentioned before, I was expecting more PCNs because there were several visits to this location up until the first week of January. The hirer told me last night that another notice has arrived (again, hirer was not the driver but present in the vehicle in all occasions). This one relates to an incident that happened two days earlier than the previous PCNs, so I’m not sure why it took them over six weeks to send it out. I’m wondering if that delay helps our case in any way.
I’ll probably receive the actual PCN in a week or two. In the meantime, I’m unsure whether to follow the same process as the earlier ones or just pay this one, especially if more are still on the way.
To be honest, I’m getting a bit anxious about how many more might show up and what could happen if this ends up going to court. Any guidance on how to handle this without letting it spiral would be really appreciated.
Best Regards
A
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There’s a “they” missing from the text in one place
Well-spotted. Amended above.
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As @DWMB2 says above. There’s a “they” missing from the text in one place but otherwise it’s pretty much in line with my post which was made at the same time.
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A) How do I appeal to IAS and what should the wording be.
The rejection letters advise on this - you'll need to visit the IAS website and submit on there. As you have 2 PCNs, you'll need to submit 2 separate appeals.
This is written quickly, so someone may ham it up a bit more, but here's a starter for 10:
I am appealing this Parking Charge Notice (PCN) issued by Universal Parking Enforcement (UPE) as the Hirer of the vehicle. I was not the driver on this occasion, and the IAS must therefore consider my liability as the hirer.
UPE have failed to comply with the mandatory requirements of Schedule 4 of the Protection of Freedoms Act (PoFA), and therefore cannot recover the charges from me as the hirer of the vehicle.
To transfer liability from the Keeper to the Hirer, PoFA Schedule 4, Paragraph 14(2) explicitly requires that the operator provides: "a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;".
The documents mention in paragraph 13(2) are:- a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
- a copy of the hire agreement; and
- a copy of a statement of liability signed by the hirer under that hire agreement.
UPE failed to provide me with any of these documents. In their response to my appeal, UPE stated that they received this information from the keeper, but simply receiving this information is not sufficient. PoFA is clear that UPE must also provide copies of these documents to me, the hirer, alongside the Notice to Hirer. UPE did not do this. As a result, they have not met the conditions set by PoFA, and cannot recover the charges from me the hirer.
As I was not the driver, I cannot be held liable as the driver. As UPE have failed to comply with PoFA as detailed above, I cannot be held liable as the hirer. The appeal must therefore be upheld.
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I would make a single point appeal to the IAS that you are not liable as hirer in place of the driver because the requirements of PoFA were not met.
Any other appeal points will just divert the IAS to reject your appeal on other grounds.
The thing you circled is utter rubbish, so in your appeal to the IAS you must point this out. If UPE obtained the documents, but then didn’t send them to you as required, so what. The law is clear.
The fact that you were not the driver doesn’t really change anything. They are trying to make you liable as hirer, because they don’t know who the driver was.
I already explained above what to do if the IAS does not uphold your appeal.
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Thank you, I will stand my ground with your advice and backing as long as it gets me out of this situation.
As expected, they refused to cancel both PCNs (linked here (https://drive.google.com/file/d/1iJkksJ6h2P0Q6BOX8AJt0t4Xzj1cVAa8/view?usp=sharing) and here (https://drive.google.com/file/d/1e9CrEon4rQzB3bhwLqEHTUmYmwpnThG2/view?usp=sharing, https://drive.google.com/file/d/1iJkksJ6h2P0Q6BOX8AJt0t4Xzj1cVAa8/view?usp=sharing)) and asking to appeal to IAS if needed. The downside is the charge will need paying in full i.e. £100 if IAS refuses too.
Please review the encircled text in both refusals and advise if there is any catch in there. Another twist to the situation which I forgot to mention in the original post is that, the hirer of the vehicle wasn't even the driver at the time of both contravention but was on passenger seat, does this go in our favor or against us.
So in terms of next steps:
A) How do I appeal to IAS and what should the wording be.
B) what happens when they refuse? do we need to take any further action or just wait for letter of claim to come through in the post?
Best Regards
A
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Appeal to the IAS, if for no reason other than it costs UPE £23.
IAS is not “independent” and only upholds 4% of appeals.
If the IAS, as expected, sides with UPE it’s not binding on you.
Ignore debt collectors.
Come back when you get a Letter of Claim.
You want this to go to court because UPE will be spanked there.
It’s more likely that their legal goons will discontinue rather than face a spanking.
The process is designed to intimidate you into paying. As long as you follow the process, with advice you’ll get here, you will eventually pay nothing.
These companies deliberately do not comply with the law because they know that lots of people pay anyway. Just don’t be one of these.
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Thank you All for you support, highly appreciated. I have submitted appeals for both with suggested wording (omitting the request to send POPLA code).
I just wanted to understand the next steps if they refuse? what route shall I take.
kind Regards
A
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Despite them bizarrely using TNC for their notices to hirer, UPE are an IPC company, so no POPLA.
Good point, I just looked at the PCN and the BPA logo and didn’t read the words.
So just omit my last sentence from the appeal, I suggest.
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Despite them bizarrely using TNC for their notices to hirer, UPE are an IPC company, so no POPLA.
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As long as there were no other documents accompanying the notice to hirer, and as long as the driver has not been identified, you appeal:
I am the hirer/keeper of vehicle [REG]. You have been passed my details as the hirer/keeper. This is not an admission as to the identity of the driver. I will not be naming the driver.
You cannot transfer liability because you have not complied with the Protection of Freedoms Act 2012, Schedule 4 for hire vehicles (paras 13–14). A valid Notice to Hirer must be accompanied by:
1. a copy of the hire agreement
2. a statement of liability signed by the hirer
3. a copy of the original notice
These documents were not enclosed with your notice. Therefore there is no hirer/keeper liability and the charge must be cancelled.
Please cancel this charge. If you refuse, please supply a POPLA verification code.
They probably won’t cancel, so be prepared for that, but POPLA probably will.
Send the same appeal for each notice.
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Morning,
Just received both PCNs in the post today and are attached here (https://drive.google.com/drive/folders/15wet-_-mHK2uBTAk8DOHC46w_8AaCMX2?usp=sharing). Seniors, a very humble request to please advice on next steps.
Back page of both PCNs are blank. Please let me know if any further information is needed.
Best Regards
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It's a never ending wait, still nothing in the post til date but will update as soon as I receive the notifications.
Thanks All.
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Thank you for your response, much appreciated. I shall update this section as soon as I am in receipt of the PCNs.
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It’s almost certain that UPE will not comply with the legislation to transfer liability to you, as hirer, so when you receive a Notice to Hirer from them, please update us and we can advise on how to appeal. Just make sure you do not identify the driver.
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Once you receive the PCN(s) in your own name from UPE, show us these and we can then advise on suitable appeals.
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Hi,
I’m seeking guidance on how to appeal the traffic violation notices issued for a hire vehicle.
My car rental company has informed me that two PCNs were issued for parking on private land (a Shell petrol station, same location) on 22nd and 23rd December 2025 (photo evidence and the notification are available at the link below). I am concerned that additional PCNs may follow, as the vehicle was taken to the same location several times afterwards and no parking restriction signage was noticed—likely because all visits were at night.
According to the PCNs, the vehicle was allegedly left unattended. However, the driver only stepped out briefly to collect food from a nearby shop, and the vehicle was occupied by family members at all times. The photos provided appear to be taken only from the rear, which does not show that the vehicle was never unattended.
I have not yet received the official PCNs from UPE, but the rental company has passed on my details, so I expect them soon.
Could you please advise on my options for appealing the two current PCNs, as well as any potential future ones?
photo evidence and notification available at this link (https://drive.google.com/drive/folders/1vMj0WOcefoQGk7klk5UxHtVfGbAZ5P9M?usp=sharing) link.
Google Map Location (https://www.google.com/maps/place/Dunstable+Rd,+Maidenhall,+Luton+LU4+8DA/@51.8906577,-0.4444817,3a,54y,235.16h,74.57t/data=!3m7!1e1!3m5!1snMHpXbLrpvMbCEoP-Lax_A!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D15.42923501711644%26panoid%3DnMHpXbLrpvMbCEoP-Lax_A%26yaw%3D235.16497111126264!7i16384!8i8192!4m6!3m5!1s0x487648e3a82e15e9:0xbde595ee20f6f6f3!8m2!3d51.8905922!4d-0.4449341!16s%2Fg%2F1vg_6ssy?entry=ttu&g_ep=EgoyMDI2MDEwNi4wIKXMDSoASAFQAw%3D%3D) - (Vehicle was parked where Black Skoda is seen parked)
Best Regards,
A