Show Posts
1
Private parking tickets / Re: UKPC - Free Retail Park - disabled badge not displayed
« on: October 23, 2025, 09:50:43 am »
I submitted my POPLA appeal with the following main points:
2. The Notice to Keeper (NtK) is not compliant with PoFA 2012
The NtK fails to specify the required “period of parking” as stated in Paragraph 9(2)(a) of Schedule 4 of the Protection of Freedoms Act 2012.
A single timestamp (arrival or departure) is not a period of parking. ANPR cameras capture only entry and exit times, not the actual duration parked. Without a defined period of parking, the NtK is non-compliant and keeper liability does not apply.
3. No evidence of a contract being formed with the driver
4. The operator has not demonstrated landowner authority
5. Signage does not meet the requirements of the Code of Practice
6. No obligation to identify the driver
UKPC has now responded with their evidence pack. They seem to have ignored point 2 (PoFA compliance) but have sent a large amount of material relating to points 3 and 4, including a case summary, copies of the NtK, and several photos.
I now have 7 days to comment on their evidence.
Is this on the correct track
Thank you for the opportunity to comment on the evidence submitted.
1. PoFA 2012 Non-Compliance – Keeper Liability Not Established
My primary appeal point remains unchallenged.
The operator has not rebutted the PoFA 2012 Schedule 4 Para 9(2)(a) requirement to state a period of parking.
Their Notice to Keeper only provides ANPR timestamps (entry/exit), which do not constitute a parking period. ANPR cannot show the time parked.
Therefore, keeper liability cannot apply.
As the identity of the driver has not been evidenced, the operator cannot pursue the keeper.
This alone requires that the appeal is upheld.
2. No Contract with the Driver
The operator has failed to provide any evidence that:
The signage was seen, readable, or agreed to by the driver
The signs displayed the terms clearly at the time of the event
No contract can be formed without clear communication of terms.
3.Landowner Authority Not Proven
The operator has provided generic documentation, but no unredacted, contemporaneous contract showing:
Authority to issue and pursue charges in their own name
The boundaries of the land
The precise conditions enforced
Strict proof is required.
4. Signage is Inadequate
The photos in the pack are stock images / taken in daylight — not proof of how the signage appeared to the driver at the time.
They do not demonstrate compliance with the Code of Practice’s requirements for visibility, prominence, and legibility.
Conclusion
The operator has not addressed the key PoFA point and has not shown that:
Keeper liability applies, nor
A valid contract was formed
2. The Notice to Keeper (NtK) is not compliant with PoFA 2012
The NtK fails to specify the required “period of parking” as stated in Paragraph 9(2)(a) of Schedule 4 of the Protection of Freedoms Act 2012.
A single timestamp (arrival or departure) is not a period of parking. ANPR cameras capture only entry and exit times, not the actual duration parked. Without a defined period of parking, the NtK is non-compliant and keeper liability does not apply.
3. No evidence of a contract being formed with the driver
4. The operator has not demonstrated landowner authority
5. Signage does not meet the requirements of the Code of Practice
6. No obligation to identify the driver
UKPC has now responded with their evidence pack. They seem to have ignored point 2 (PoFA compliance) but have sent a large amount of material relating to points 3 and 4, including a case summary, copies of the NtK, and several photos.
I now have 7 days to comment on their evidence.
Is this on the correct track
Thank you for the opportunity to comment on the evidence submitted.
1. PoFA 2012 Non-Compliance – Keeper Liability Not Established
My primary appeal point remains unchallenged.
The operator has not rebutted the PoFA 2012 Schedule 4 Para 9(2)(a) requirement to state a period of parking.
Their Notice to Keeper only provides ANPR timestamps (entry/exit), which do not constitute a parking period. ANPR cannot show the time parked.
Therefore, keeper liability cannot apply.
As the identity of the driver has not been evidenced, the operator cannot pursue the keeper.
This alone requires that the appeal is upheld.
2. No Contract with the Driver
The operator has failed to provide any evidence that:
The signage was seen, readable, or agreed to by the driver
The signs displayed the terms clearly at the time of the event
No contract can be formed without clear communication of terms.
3.Landowner Authority Not Proven
The operator has provided generic documentation, but no unredacted, contemporaneous contract showing:
Authority to issue and pursue charges in their own name
The boundaries of the land
The precise conditions enforced
Strict proof is required.
4. Signage is Inadequate
The photos in the pack are stock images / taken in daylight — not proof of how the signage appeared to the driver at the time.
They do not demonstrate compliance with the Code of Practice’s requirements for visibility, prominence, and legibility.
Conclusion
The operator has not addressed the key PoFA point and has not shown that:
Keeper liability applies, nor
A valid contract was formed
