Free Traffic Legal Advice

"The contract that we are seeking payment on has arisen from a breach of the notified terms and conditions of parking stated on the signs that the landowner has requested us to erect and permitted to remain erected at this location. At this site, we erected signage to identify the private land and the parking restrictions that applied within it. The evidence shows that the signs are written in an intelligible language and are legible. The terms and conditions, and the potential consequences of non-adherence to the terms have been made fully available "No parking at any time. Private land, strictly no parking, waiting or loading at any time, unauthorised parking will result in the issue of a £100 parking charge notice".
The charge was issued because the appellant's vehicle was parked in a no parking area,  which is a direct contravention of the terms and conditions of parking. The photographic evidence shows vehicle registration DV73KVJ in a stationary position, within proximity to a visible notice on display, which stated NO PARKING AT ANY TIME in large bold letters.
The appellant’s comments about why the vehicle was parked in the area are acknowledged, however,  the appellant parked on private land governed by therms and conditions. If upon arriving on site, the appellant reviewed the signage and was unsure whether the terms and conditions applied to them, they had an option to call our office using the number displayed via signage to seek advice or to leave the site and find alternative parking.
We would also like to advise that a motorist would not be able to exempt themselves from the terms and condition of use by remaining inside the vehicle, as this does not stop the terms and conditions being valid. Signage on site makes clear that no parking, waiting or loading at any time is permitted on the site in question. It was then the appellant's responsibility to ensure they read and understand the site's terms before deciding to park. By instead choosing to ignore the terms and remain in a no parking at any time area, the appellant contravened the parking contract, and this has resulted in them being liable for a parking charge."

The charge was issued because your vehicle was parked in enforcement zone in strictly no parking at any time area, which is a
direct contravention of the advertised on the signage terms and conditions of parking.

This is further supported by the warden’s photographic evidence, showing that the vehicle has been observed not being parked
under the terms of the car park, where there were visible notices on display, indicating that there is no parking in the area. The
terms were adequately brought to your attention and if you decide to remain on site and do not review the full terms and
conditions of parking, we cannot be held responsible for a breach of the parking contract.

In response to your dispute about the location where you parked at the time of the contravention, I submit that the car park
belongs to a private landowner with a business address Holloway Street, Hounslow, TW3 1AA. Therefore, by parking on this
particular piece of land, you became subject to the parking restrictions stipulated on the signage displayed prominently within
the site. Provided is also evidence of a sitemap confirming our jurisdiction - the area we monitor is highlighted in red. The
warden’s photos show that your vehicle is parked off the side of the public road, which demonstrates that it is parked on the
land that we manage. This is also demonstrated by the signs in sight of your vehicle. The photographs show that you were
parked next to one of these signs, and therefore, you were adequately informed that this was private land. The you were made
aware of the applicable terms, and therefore, if you decide to remain on site and do not review the full terms and conditions of
parking, the operator cannot be held responsible for a breach of the parking contract.

Pursuant to the guidance set out in the Supreme Court’s decision in ParkingEye v Beavis and in accordance with the BPA Code of
Practice, a reasonable charge would be £100.00.

Please be informed that there is no requirement for a parking operator to issue a parking charge on the day in question, and
therefore, it is the operator's decision if they wish to issue a Notice to Driver or a Notice to Keeper. Notice to Keeper issued via
post without a Notice to Driver having previously being affixed to a vehicle should be issued in the period of 14 days beginning
with the day after that on which the specified period of parking ended.

For a Notice to Keeper to be compliant with PoFA 2012, as detailed in section 9(2)(f) "warn the keeper that if, after the period of
28 days beginning with the day after that on which the notice is given— (i) the amount of the unpaid parking charges specified
under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current
address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to
recover from the keeper so much of that amount as remains unpaid." I am satisfied that the Notice to Keeper correctly conveys
this information. It states the keeper has 'If after 29 days we have not received full payment or driver details', which is the
equivalent of '28 days beginning the day after the that on which the notice is given'. As the evidence does not indicate that you,
the keeper, provided us with the relevant information to transfer liability to the driver, you therefore, assume liability for the charge, and under the POFA Act 2012, Schedule 4, we are pursuing you for the unpaid parking charge and remain compliant with
legislation and codes of practice whilst doing so.

Further evidence demonstrates that the Notice to Keeper contains two images showing the vehicle being parked on site. The
PCN does not need to specifically state the times of parking the PCN relate to as long as it is clear from the online photographic
evidence, which I am satisfied it is.

For the reasons noted above, I conclude that the PCN has been issued correctly. Accordingly, I must refuse your appeal.
Ultimately, it is the responsibility of the motorist to read the signs and adhere to the terms and conditions of the site.

To avoid incurring further administration cost, please arrange your remittance of £60 within 14 days from the date above (we
reset the clock). Please note that after this time the Parking Charge Notice will rise to £100.00 if you pay within 28 days from
the date above and to £160 once we pass the details of your case to debt Recovery Company.
You have now reached the end of our internal appeals procedure. You can make an appeal to POPLA - The Independent Appeal
Service by completing appeal form online on http://www.popla.co.uk within 28 days.
By law, we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that
would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute
resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

You now have a number of options;
1. Pay the Parking Charge at the price of £60.00 within 14 days.
2. If you choose to do nothing, we will seek to recover the monies due via our debt recovery procedures and may proceed with
Court action against you.
3. If you disagree with the appeal decision you can make an appeal to POPLA - The Independent Appeal Service by completing
appeal form online on http://www.popla.co.uk within 28 days.
4. You can pay or appeal – you cannot do both.
Please, note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00, and
should POPLA’s decision not go in your favour you will be required to pay the full amount of £100.00.
Please see further information related to your parking ticket on our website: www.paypps.co.uk