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« on: December 09, 2025, 02:18:14 pm »
Ok, Here's the draft.
It's took ages and I have a funny feeling that's it's going to get pulled to pieces. Not spell checked or reworded but hoping that it's on the right lines.
I am appealing this parking charge as the registered keeper of the vehicle.
I have included a number of attachments in this appeal.
A Video demonstrating that no contact could be formed
A Photo of the dashboard which does not prove that the badge wasn’t on display
A copy of my sons disabled badge
A picture of the parking place
No Contract Formed
The signs in this car park are not prominent. They are neither clear from the drive into the car park or at the parking space where the ticket was issued. I have attached a video, taken on a drive from the only entrance into the car park taking a route to the same parking space where the ticket was issued demonstrating this. There is only one sign on the drive from the entrance of the car park to the parking space where the ticket was issued. This sign is not only not secure, clearly broken, and inadequate to offer any form of contract. The sign is also facing completely in the wrong direction, making it almost impossible to notice it’s existence. The video also demonstrates that not only are there no adequate signs on the drive from the entrance to the car park, there are none in front of where the car was parked within 50 metres on either on the left or right of where the vehicle parked.
I note that within the Protection of Freedoms Act (POFA) 2012 it discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given 'adequate notice' of the charge. POFA 2012 defines 'adequate notice' as follows:
''(3) For the purposes of sub-paragraph (2) 'adequate notice' means notice given by: (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or (b) where no such requirements apply, the display of one or more notices which: (i) specify the sum as the charge for unauthorised parking; and (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land''.
Inadequate Images of the vehicles windscreen
The parking operator have provided images of the vehicles windscreen. The badge does indeed look like it’s on display on the drivers side at the front of the dashboard. Given that the photos are not clear, coupled with the obvious fact that there is clearly something on display on the dashboard, why did the operator not take a closer image to offer complete clarity?
I have also provided a copy of our sons current disabled badge. The ticket was issued in the time that his old badge would have been valid. The old badge has bee discarded as it was no longer required. I can assure you given the fact that he’s 8 years old, that a valid badge would have been displayed on the day in question.
I have also provided an image of the parking place itself. For the avoidance of doubt, you will see my vehicle with it’s boot open parked in the exact same parking space where the ticket was issued clearly showing an image of my sons wheelchair. In the background of this image on the left, you will see a UKPC Parking sign. As you can see, this sign is clearly inadequate as it’s facing in entirely the wrong direction, presumably because the fixings on the sign itself have failed. You will notice by the attached video that this is the only sign the driver had a chance to read but as it’s clearly broken, how could the driver possibly be expected to notice it?
Notice is non Compliant with POFA as the date to appeal to POPLA is shortened as the “relevant period” has been incorrectly stated.
The notice to drive was posted on 13/11/25 and according to Section 8:6 of POFA it should be deemed to be delivered on 17/11/25. This would have allowed the driver to appeal by 14/12/25
The parking company incorrectly informed the keeper that an appeal had to be serviced with POPLA within 28 days of the date of the letter which would be 11/12/25
There are clear instructions that have not been followed in the legislation below:
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.