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Messages - Chydozi

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1
 ;D much more detailed than I would have ever achieved!!!
Thanks!!!

2
Right, Thanks for pointing this out! Newbie error.

Please see my new draft as follow:

“The Notice to Keeper fails to comply with several mandatory provisions of Schedule 4, paragraph 9 of the Protection of Freedoms Act 2012, and therefore no keeper liability can arise. Please see details below:

1. Paragraph 9(2)(a) – Specify the period of parking
The notice fails to specify any period of parking. It only mentions that the charge was “issued” for “failed to make a valid payment.”
ANPR timestamps or a single event time are not a “period of parking.”
→ Non-compliant.

2. Paragraph 9(2)(b) – Inform the keeper that the driver is required to pay
The text states:

“You are notified under paragraph 9(2)(b)... that the driver of the vehicle is required to pay this parking charge in full.”

This part alone is acceptable, but—

3. Paragraph 9(2)(e)(i) – Invite the keeper to pay or name the driver
The correct PoFA wording must invite the keeper either to pay the charge or provide the driver’s details.

This notice only instructs the keeper to “inform us of the name and address of the driver,” not inviting payment.
→ Non-compliant.

4. Paragraph 9(2)(f) – Warning of keeper liability
The warning must begin “if after the period of 28 days beginning with the day after that on which this notice is given…”

Instead, it says “after 28 days from the date given (which is presumed to be the second working day after the Date Issued).”

That changes the statutory time reference (counting from “date given” not “day after date given”) — a technical but material deviation.
→ Non-compliant.

5. Paragraph 9(2)(h) – Identify the creditor
The notice claims: “managed by Britannia Parking (the creditor).”

That is acceptable only if Britannia Parking Ltd is indeed the contracting party, but many Britannia notices fail to show the full legal entity name and company number.
→ Potentially non-compliant.

Summary:
This NtK would not establish keeper liability under PoFA because it fails at least paragraphs 9(2)(a), 9(2)(e), and 9(2)(f). The keeper cannot be held liable — only the unidentified driver."

Would the above be the correct details to provide?

3
Thanks.

I selected "Other" as the "grounds for appeal" category.

And I was going to paste the below in the free text field word for word in the "Reason for your appeal" section of the POPLA website:

"The Notice to Keeper fails to comply with several mandatory provisions of Schedule 4, paragraph 9 of the Protection of Freedoms Act 2012, and therefore no keeper liability can arise."

Or do I need to modify the statement above in any way?

4
Many thanks Both!

I will draft a POPLA appeal with the below and keep you all updated:

“The Notice to Keeper fails to comply with several mandatory provisions of Schedule 4, paragraph 9 of the Protection of Freedoms Act 2012, and therefore no keeper liability can arise.”

5
Hi All,

I am the registered keeper.

I received a parking charge notice to keeper from Britannia parking for parking at Birmingham Grand Central Hill Street, B5 4DQ. This the car park attached to the Birmingham grand central station.
Entry time & Date: 19/09/2025 at 21:25:01
Exit time & date: 19/09/2025 21:53:26
Around 28 mins
Notice date: 24th September 2025
Contravention date: 19/09/2025
Paid by date: 24/10/2025


The registered Keeper has appealed with the below on 5th Oct 2025:
"I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Britannia has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Britannia have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN."

The registered keeper received this response from Britannia on 28th October 2025:
"£60 to reach us by 13/11/2025 or £100 to reach us by 27/11/2025Thank you for your appeal received on 05/10/2025 regarding the above Parking Charge. We have considered your appeal and comments you have made; in conjunction with any evidence you have provided and the photographs we have on record. Please be aware that you have been notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. You are advised that if, after 28 days from the date given, (which is presumed to be the second working day after the date Issued), the Parking Charge has not been paid in full and Britannia Parking do not know both the name and current address of the driver, we have the right to recover any unpaid part of the Parking Charge from the registered keeper. This warning is given to you under Paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of that Act. Should we be provided with an incorrect address for service, we will pursue the registered keeper for any Parking Charge that remains unpaid. Therefore, after 28 days if you have not provided us with the driver’s name and address you will be liable to pay the Parking Charge, regardless of whether you were the driver at the time or not. The Parking Charge was issued to your vehicle because a valid ticket was not purchased. It is the driver's responsibility to ensure that they have read and understood the terms and conditions for using the car park. Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Code of Practice at all times. We meet all signage requirements under the BPA's Code of Practice regarding signage and notifying the driver of the terms and conditions. The parking contract clearly states, “By parking, waiting or otherwise remaining within the Property, you enter into a Contract with the Britannia Parking and agree to comply with the Parking Contract”. Therefore, we consider there to be sufficient, clearly visible signage in the car park to draw your attention to the terms and conditions of the parking contract that is on offer. British Parking Association Code of Practice - Consideration and Grace Periods The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type. The reference to a consideration period shall not apply where a parking event takes place. (A ticket is purchased).Neither a consideration period or a grace period are periods of free parking and there is no requirement for Britannia Parking to offer an additional allowance on top of a consideration or grace period. We give motorists a 10 minute consideration period on arrival before entering into the ‘parking contract’. If the driver has not purchased a ticket within this 10 minute period, a Parking Charge will be issued. By leaving your vehicle in the car park without a valid ticket you have broken the terms and conditions and therefore we believe the Parking Charge to be valid and correctly issued. You have now reached the end of our internal appeals procedure. You now have a number of options from which to choose:-1 Pay the Parking Charge at the amount stated above. If any discount has been offered you will begiven a further 14 days to pay the discounted rate. Please note that after this time the discounted rate will no longer apply.2 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. 3 Make an appeal to POPLA - The Independent Appeals service. Please note that if you wish to appeal to POPLA, you will lose the right to pay the Parking Charge at the discounted rate, and should POPLA's decision not go in your favour you will be required to pay the full amount. If you opt to pay the Parking Charge you will be unable to appeal to POPLA. You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting an online case at www.popla.co.uk Your POPLA verification code is 6013015026. 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."

Any advice on next steps would be much appreciated.

Images:
https://ibb.co/XrWx4ws7
https://ibb.co/D2ZmnqY
https://ibb.co/990T5VPY
https://ibb.co/jZqzHw7S
https://ibb.co/kVy1kkCQ

Google location:
https://www.google.com/maps/place/Britannia,+Birmingham+Grand+Central+Car+Park/@52.4780006,-1.9021777,17z/data=!3m1!4b1!4m6!3m5!1s0x4870bc898539995f:0x24077184e9cc67e8!8m2!3d52.4779974!4d-1.8996028!16s%2Fg%2F12qgvld0f?entry=ttu&g_ep=EgoyMDI1MTEwNC4xIKXMDSoASAFQAw%3D%3D

Unfortunately I do not have images of the car park and signage as the car park is a significant distance from me.
Many thanks in advance.

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