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Private parking tickets / Re: PCN - C.U.P. Enforcement Watford, The Parade
« on: June 22, 2025, 11:49:58 pm »Assuming you have submitted a formal appeal, do nothing, they have to respond to your appeal within a deadline, and they’re on a fishing attempt to get you to reveal who the driver was.
In due course they’ll reject your appeal with “after careful consideration” rubbish, but also supply a POPLA code.
What other documents were sent with the Notice to Hirer? This is important, and the answer is probably “none”. You will therefore appeal to POPLA on this basis, which I am guessing you did not in your appeal to CUP. Just so we are clear, what did your appeal to them say?
Read sections 13 & 14 of https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 if you haven’t already done so.
They admit they have not used PoFA so can not transfer liability from the unknown driver to you, the hirer.
Right, I did appeal to C.U.P. Enforcement via their website, as the hirer of the vehicle, though they haven't provided me a POPLA code yet.
No other documents were sent, except for the ones attached in the original post.
Sorry, I can't access to my appeal letter, it was an adaptation of one of the template below.
Thanks for sharing the schedule btw.
"I am the registered hirer of the vehicle, and I dispute your alleged ‘parking charge’. I deny any liability or contractual agreement, and I will be making a complaint about your predatory and incompetent conduct to your client landowner.
CUP Enforcement seems to be relying on some creative but misguided legal theories about presumed driver liability or the law of agency. There is no legal obligation on the keeper to identify the driver to an unregulated private parking company. There will be no admission as to who was driving. No assumptions or inferences can be drawn. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency.
I note your NtK. I refer you to the answer given in the case of Arkell v. Pressdram (1971). In that spirit, I suggest you cancel this PCN and save us both a complete waste of time. You’ve got no chance at POPLA and you should try and save yourself the assessor fee.
I look forward to confirmation that this matter is now closed."
Hope it helps.