Free Traffic Legal Advice

So I've had my response from G24 unsurprisingly rejecting my appeal. Assume next step appeal to ias?


Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge incurred on *******at
 ****, at Ventura Retail Park, Tamworth, Phase 1 car park.
We have reviewed the details outlined in your appeal, but we are not in receipt of sufficient
evidence to confirm that the terms and conditions were not breached. The signage displayed on
site confirms that there is a maximum stay time in operation. Our records confirm that on the date
of the event, the maximum stay time allowed was exceeded.
We are writing to advise you that your recent appeal has been unsuccessful and that you have
now reached the end of our internal appeals procedure.
You now have one of the following options available to you:
1. Pay the outstanding Parking Charge. Payment of your Contractual Parking Charge Notice can
be made via the payment line: 0333 7333 000 or by sending a cheque or postal order to G24
Limited, PO Box 3320, Gerrards Cross, Buckinghamshire, SL9 8WT.
2. If you believe this decision is incorrect, you are entitled to appeal to The Independent Appeals
Service (www.theIAS.org), The Independent Appeals Service provides an Alternative Dispute
Resolution scheme for disputes of this type. As you have complied with our internal appeals
procedure you may use, and we will engage with, The Independent Appeals Service Standard
Appeals Service providing you lodge an appeal to them within 28 days of your first rejection.
3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt
recovery procedures and may proceed with Court action against you.
As a gesture of goodwill, we have extended the discount period for a further 14 days from the
date of this correspondence. If you appeal to The Independent Appeal Service, you will not be
able to pay the discounted amount in settlement of the Parking Charge, and the full value of the
charge will be outstanding. In addition, if your appeal to The Independent Appeal Service is
unsuccessful, you will no longer be able to pay the discounted amount, and the full value of the
charge will be due.
If you have received this correspondence via email, please allow 24 hours for our systems to
reflect the discounted value before making a payment via our automated payment line or website.
Yours faithfully,
G24 TEAM

Thank you, I've input my appeal, I'll be back in touch when I'm no doubt rejected 👍👍

There you go

Decision
Successful

Assessor Name
Jason Cookson-Dean

Assessor summary of operator case
The parking operator has issued a parking charge notice (PCN) as there is no record of a payment for parking on the date in question.

Assessor summary of your case
The appellant has raised the following points from their grounds of appeal: • They are the registered keeper of the vehicle, and the driver has not been identified. • The operator cannot use the Protection of Freedoms Act (PoFA) 2012 as the land is under statutory control, operating under the Forestry Act 1967. After reviewing the parking operator’s evidence, the appellant reiterates their grounds of appeal. The appellant has provided a link to the Forestry Commission Byelaws 1982 as evidence to support their appeal. The above evidence will be considered in making my decision.

Assessor supporting rational for decision

I am allowing this appeal, with my reasoning outlined below: When an appeal comes to POPLA the burden of proof begins with the operator to evidence that the PCN has been issued correctly. In this case the operator has issued the PCN to the appellant as there is no record of a payment for parking on the date in question. The appellant’s case is that the operator cannot use the Protection of Freedoms Act (PoFA) 2012 as the land is under statutory control, operating under the Forestry Act 1967. Looking at The Forestry Commission Byelaws 1982 the Byelaws could be interpreted in two ways. Firstly, that there are Byelaws covering parking, so it is land under statutory control. Or, that paragraph 2 (a) (ii) says the relevant Byelaw does not apply to an area the commissioners have set aside for parking. It is for the parking operator to rebut the appeal by making its argument as to the interpretation of these Byelaws. For example, they could have explained or provided evidence that the relevant area has been set aside for parking by the commissioners and is therefore not subject to the Byelaws. But it has not done so, therefore, as the operator has not rebutted the appellants grounds, I must allow the appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.

The below was sent as a pdf.

I am the registered keeper of the vehicle ****** and have received the Notice to Keeper (NTK)
from CP Plus. I note that the operator has not identified the driver. I understand that I have no
legal obligation to disclose the identity of the driver.
My primary ground for this appeal is that the 28-day warning within CP Plus’s NTK misleadingly implies that I, as the keeper, can be held liable for this charge under the provisions of the
Protection of Freedoms Act 2012 (PoFA). This is legally incorrect because the location in
question—Hicks Lodge, National Forest Cycle Centre—is land owned and managed by Forestry
England, which operates as part of the Forestry Commission, a statutory body.
The Forestry Commission operates under the Forestry Act 1967 and has established byelaws
that regulate activities on the lands it manages. These byelaws, known as the Forestry
Commission Byelaws 1982, apply to all lands under the Commission’s management or control
where the public has, or may be permitted to have, access. As such, Hicks Lodge is not
'relevant land' as defined in Schedule 4 of PoFA 2012, meaning that the keeper cannot be held
liable for any parking charge if the driver is not identified.
CP Plus’s NTK appears to suggest otherwise, misleadingly omitting any acknowledgment that
PoFA does not apply in this case. This constitutes a misrepresentation of legal authority,
making the demand for payment against the keeper wholly invalid.
I have summarised these points based on the Forestry Commission Byelaws below and
included a link to the government legislation:
https://www.legislation.gov.uk/uksi/1982/648/pdfs/uksi_19820648_en.pdf
• Statutory Control – The byelaws confirm that vehicle use, including parking, is subject to
rules set by the Forestry Commission, a statutory body operating under the Forestry Act 1967.
This suggests that the land is under statutory control.
• Not 'Relevant Land' under PoFA – Since PoFA 2012 only applies to land that is not under
statutory control, the presence of enforceable byelaws indicates that this location does not
meet the definition of relevant land under Schedule 4 of PoFA.
• No Explicit Keeper Liability Mechanism – The byelaws do not specify any mechanism
allowing a private parking operator to impose liability on the registered keeper. This further
supports the argument that CP Plus has no legal authority to pursue the keeper under PoFA.
Given that CP Plus have not identified the driver, that I am not willing nor obliged to provide
such information, and that CP Plus have no legal basis to hold me liable as keeper due to the
statutory control of this land, I respectfully request that this appeal be upheld and that the PCN
be withdrawn.
Yours faithfully
******
(Registered keeper of vehicle *****)

Link below to their evidence

https://www.dropbox.com/scl/fi/k4ximu2vy9730wk4wwvw8/Popla.pdf?rlkey=on0wqmgvq2wgsuucet6xwdt12&st=c7bjio5b&dl=0

CP plus sent me a reminder to respond with payment or they will take further action on the 17th after their initial rejection response. I started my case with popla on the 18th so I wanted to check that I should still be making a complaint to the various people you've said as at the point of sending me the letter I hadn't started my appeal process. Or should they not be sending any reminders until the time has passed for me to start my appeal with popla? Hope I've not confused things too much.

Hi, I put up their rejection and yourselves replied telling me what to say to their rejection, I amended with what dwmb2 said about amending from you etc to the operator for the popla appeal, apologies if I've not done what I should. I've had cp plus respond with their "evidence". Would it be best to upload this?

Thanks both, I'll update you with the responses I get