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Messages - purpleshadow

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I wanted to update you on the my popla appeal and have today received a message saying that it was successful.

The reason stated is as follows:

I am allowing this appeal for the following reason: When an appeal comes to POPLA the burden of proof begins with an operator to demonstrate that the parking charge has been issued correctly. The driver’s details are unknown therefore, I need to assess if the PCN is complaint with the relevant aspects of the Protection of Freedoms Act (POFA) 2012, in order to transfer the liability to the registered keeper. POFA 2012 Paragraph 6, subsection (1) (a) outlines that if a Notice to Driver is issued according to Paragraph 7 and the driver is not identified a Notice to Keeper must be sent in accordance with Paragraph 8. Having reviewed the operator’s casefile the operator has claimed that a Notice to Keeper was sent via post however, they have only provided a copy of the initial Notice to Driver issued, with no copy of the Notice to Keeper claimed to have been sent attached. I therefore cannot conclude that a compliant Notice to Keeper has been sent in accordance with Paragraph 8. I am therefore not satisfied that the operator has met the requirements set out in POFA 2012. And, as such, I am allowing this appeal. I acknowledge that the appellant has brought other grounds of appeal to POPLA, but as I am allowing this appeal based on the reasoning above, there is no requirement to address these grounds as they will not affect the outcome of this appeal.

I would like to thank all contributors to my post but especially b789. I am truly grateful.

Many thanks.

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Many thanks for this. I will submit this today.

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Hello, here the link to the images. I have not added the original appeal or their response as they are already on here. I didn't notice that they said driver rather than registered keeper. I guess I could say something along the lines that it raises serious concerns about their record keeping, and reinforces the question the fundamental accuracy of their evidence.

https://drive.google.com/drive/folders/1tTi7r5IwHOBIlAlBsopTVeo5jOabRRdu?usp=sharing

4
Good evening. I have now received the "evidence" from Spring Parking. This included the Contract they have with the property management company. It also contains a

Case Summary

Actions Taken:
- The vehicle was observed parked at Mill Parc, Isleworth, London, TW7 6TH, without Clearly Displaying a Valid Permit.
On 5th March 2025 at 14:04
- As the vehicle was parked in breach of the parking terms and conditions, a Parking Charge Notice (PCN) was issued.
- An email appeal was received from the driver.
- No proof that they were authorised to park was provided and the appeal was rejected. The account was held for 14 days at the reduced amount of £55.00, then at £95.00 for a further 14 days.
There is a contract in place at the above location.
There are multiple contractual agreement signs at the site the PCN was issued, 1 of which was near the vehicle.
Please find enclosed a copy of the signage that is located at the entrance to the car park and within.

____

It also includes the parking charge notice and then Registered Keeper's Details and Liability Trail It states that "The Registered Keeper's details were obtained from the DVLA under a reasonable cause request. Once the details were obtained, a reminder Notice to Keeper was issued by post." It shows underneath the name and address of the registered keeper. But they have not provided proof of postage or anything, nor a date when it was requested. 

I need to point out, that at no point did we receive a letter at this address from Spring Parking.

The evidence pack then includes the Original Representation and Rejection which also includes the information that no Registered Keeper details should be requested, since they were provided.

The evidence pack then continues with a number of images showing the Signs around this area and also an image of the parking permit and its features. It does not show any entrance sign. It also shows the signage around some parking bays. One could argue that a driver was under the impression that these signs are for the parking bays and not for on the road parking?

I now have 7 days to respond to the evidence and would appreciate your suggestions and feedback. Do let me know if you need any further info.

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I'm preparing my Popla appeal under the 'Other' category. Should I include my email to Spring Parking where I told them not to contact DVLA due to GDPR concerns? I'm now arguing they failed to send a Notice to Keeper (NTK) - would including this email undermine my case? Many thanks for the clarification.

6
Hello, I have started on my POPLA appeal and was hoping for some feedback if this is sufficient, overkill or not enough. I haven't figured out how to copy the contents nicely into here, so have also attached the appeal as document.

POPLA Appeal

Appeal Reference: [xxxxxx]

Personal Details:
•   Name: 
•   Address: 
•   Email: 

Parking Charge Details:
•   Parking Charge Notice Number: [PCN NUMBER]
•   Vehicle Registration: [YOUR VEHICLE REGISTRATION]
•   Location: Mill Parc, White Lodge Close, Isleworth, London TW7 6TH
•   Date of Incident: 05/03/2025
•   Operator: Spring Parking

Grounds for Appeal:

I am appealing this Parking Charge Notice (PCN) issued by Spring Parking on the following grounds:


1. No Notice to Keeper (NtK) Issued - Creditor Cannot Establish Keeper Liability

The creditor (Spring Parking) has not issued a Notice to Keeper and therefore has not satisfied the precedent condition at paragraph 6(1)(a) [and therefore paragraph 4(2)] of Schedule 4 to the Protection of Freedoms Act 2012. As such, the assessor is obliged to uphold this appeal and direct the creditor that they do not have the "Right to claim unpaid parking charges from keeper of vehicle."
The sequence of events clearly demonstrates this:
•   Notice to Driver issued on 05/03/2025
•   I engaged with the creditor's internal disputes resolution procedure on 31/03/2025
•   Creditor issued rejection on 03/04/2025 stating: "You have now reached the end of our internal appeals procedure"
Having expressly stated that I have reached the end of their internal appeals procedure without issuing a Notice to Keeper, they cannot now attempt to establish keeper liability, as this procedural sequence has closed.

2. The Notice to Driver (NtD) Fails to Comply with the Protection of Freedoms Act 2012

The NtD affixed to my vehicle does not comply with Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) in several critical ways:

a) No Period of Parking Stated (Breach of PoFA Schedule 4, Paragraph 7(2)(a)):
•   The NtD only records an "Observed Time" of 14:01 and "Time of Issue" of 14:04.
•   This 3-minute interval does not constitute a legitimate period of parking for establishing a contravention.
•   This brief period falls within the minimum consideration period required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP) for a driver to seek out, read, and understand any terms and conditions before deciding whether to remain or leave.

b) Failure to Identify the Creditor (Breach of PoFA Schedule 4, Paragraph 7(2)(e)):
•   The NtD does not clearly state who the actual creditor is.
•   It is unclear whether Spring Parking is acting as the creditor or merely as an agent for the landowner.
•   Without this information, the notice fails to meet the statutory requirements of PoFA.

3. Inadequate Signage and No Valid Contract

There was insufficient signage at the entrance to the location to inform drivers they were entering private land with parking restrictions. Without clear entry signage, no valid contract could have been formed between the driver and the parking operator.

This location appeared to be a public road with no clear markings, lines, or signage indicating parking restrictions or that it was private property subject to a parking scheme.

4. Failure to Allow Reasonable Grace Period

The extremely short time between observation (14:01) and ticket issuance (14:04) - just 3 minutes - demonstrates that Spring Parking failed to allow a reasonable grace period for the driver to:
•   Locate any relevant signage
•   Read and understand any terms and conditions
•   Make an informed decision about whether to park

This practice contradicts the principles established in the British Parking Association (BPA) and International Parking Community (IPC) Private Parking Single Code of Practice (PPSCoP), which requires operators to allow a reasonable consideration period.

5. The Ticket Was Issued on What Appeared to Be a Public Road
The vehicle was parked at a location that had all the characteristics of a public road, with no clear demarcation or signage indicating it was private land subject to parking restrictions. The driver had a reasonable belief they were parking legally on a public road.

6. Breach of Private Parking Sector Single Code of Practice (PPSCoP)

There is no entrance sign at the location to indicate that drivers are entering controlled private land subject to contractual parking terms. This is a clear breach of the PPSCoP section 3.1.1 which requires operators to display an entrance sign that informs drivers that they are entering controlled land.

This location is not a designated car park but rather appears to be a residential street with no ground markings, making it entirely unclear that any restrictions apply. The alleged contravention is "not clearly displaying a valid permit," but without proper signage indicating this requirement, no contract could possibly have been formed.

Conclusion:

Given the multiple failures to comply with PoFA requirements, the failure to issue a Notice to Keeper, the inadequate signage, the breach of the PPSCoP, and the failure to allow a reasonable grace period, I request that POPLA uphold this appeal and cancel the parking charge in its entirety.

Spring Parking has already expressly stated that I have "reached the end of [their] internal appeals procedure" without issuing a Notice to Keeper, and therefore they cannot now attempt to establish keeper liability under PoFA. This procedural failure alone is sufficient grounds for POPLA to uphold this appeal.

I confirm that the information provided in this appeal is true to the best of my knowledge.

Yours faithfully,
Name, Date

Supporting Evidence:
1.   Copy of the Parking Charge Notice (front and back)
2.   Copy of Spring Parking's appeal rejection email dated 3rd April 2025
3.   Photographs of the parking location showing lack of clear signage
4.   Google Maps screenshot of the location where the vehicle was parked



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Just a quick question. On the popla site it also says that the code is valid for 28 days? Should I not make my appeal by then so I won't risk it expiring?

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Thank you for your response. We have not received a notice to keeper.

I will have a look at other popla appeals in the meantime and put a reminder in my calendar.

Many thanks

9
We have received a response back from Spring Parking they rejected the appeal and provided the popla code. I would like to know the next steps. I presume I will now have to appeal to popla with the code given. There was a relevance of submitting appeal close to the deadline so that they do not contact DVLA for keeper details. I am not entirely sure about the relevance of this? Will this be useful in the popla appeal?

Many thanks for your assistance with this.



Date of this notice 3rd April 2025
 
Thank you for submitting your PCN appeal via email.
PCN Reference- 
Vehicle Registration-
POPLA Verification Code - 
Date and Time of Parking Event -05th March 2025 at 14:04
Location- Mill Parc, White Lodge Close, Isleworth, London, TW7 6TH

Thank you for your representation you made on receiving a Parking Charge Notice with the above reference number.
We have considered everything on your email including any evidence enclosed but do not feel that you have made grounds for cancelling the Parking Charge Notice and as such payment remains due.
Your vehicle was parked on our Client's Property which is Private Land, in a Permit Holders only car park, NOT CLEARLY DISPLAYING A VALID PERMIT.
Parking on site without a Permit when one is necessary, will be liable to a PCN.
More evidence can be viewed online by visiting http://www.sp.eparking.co.uk .
 
We are fully compliant with British Parking Association regulations on signage and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible, so the Parking Charge Notice is fully enforceable. There are adequate warning signs mounted prominently in the car park. It is the motorist's responsibility to ensure all signage is checked and understood before a vehicle is parked.
 
You have now reached the end of our internal appeals procedure and therefore you now have two options can pay or appeal -YOU MUST NOT DO BOTH.
 
If you have already made payment for your parking charge notice, please ignore the below:
 
1.   Pay the Parking Charge Notice online by visiting www.sp.eparking.co.uk  or by calling our 24-hour payment line on 0330 008 0454 or payment can be made by posting a cheque made payable to Spring Parking Ltd. and sent to the address below. Please quote your 'Parking Charge Notice' Number and your vehicle registration number on the reverse, if paid within 14 days of issue it will be at the reduced amount of £55.
 
2.   Make an appeal to POPLA within 28 days by going online and completing the form at www.popla.co.uk. Please note, should you decide to appeal to POPLA, and your appeal is subsequently rejected, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due of £95. Your POPLA reference number is

3.   By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org /) 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.
 
4.   PLEASE DO NOT MAKE A PAYMENT IF YOU WILL BE APPEALING THROUGH POPLA AS NO REFUNDS ARE GIVEN.
 
5.   If you do not make payment or submit an appeal to POPLA within the relevant time frame, the outstanding PCN may be passed to our appointed Debt Collection Agency for further action. All costs associated with this process will be added to the amount outstanding.
 
6.   POPLA will NOT consider any cases where payment has been made.

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Appeal went out today. Wish me luck.

11
Thank you so much for your detailed reply. I have put an alert in my calendar for Monday 31st and read up on the POFA sections you mentioned.

Again, many thanks.

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Here the ticket that was attached.

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Hello,

The driver of a car parked the car on what he thought was a public road, no markings/lines to say that parking is not allowed. However upon returning a parking charge notice was attached to the window.

Details:

Observed Time: 05/03/2025 14:01
Date / Time of Issue: 05/03/2025 14:04

Location: Mill Parc, White Lodge Close, Isleworth, London TW7 6TH
Issue Reason: 13 - Not clearly displaying a valid permit

A parking charge of £95 is due within 28 days of the date of issue.

Here the location on google maps: it was parked where the red car is.
https://maps.app.goo.gl/h2F4o1xMibXrFsYC8

Before you get to this close there is a sign for time-restricted no motor vehicles zone (image attached). The driver arrived prior to the time stated on the signs. The parking charge notice appears to be from a private company though, Spring Parking and their sign is also attached.

Could one appeal this on the grounds that observed time and time of issue is less than 5 minutes and that the ticket from a private company was issued on a public road?

Many thanks for your feedback.

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