#3 Re: CUP Enforcement. Trade City, Romford
on 30 Dec, 2025 14:20 in Private parking tickets
Appeal declined as expected and popla code issued. Appeal is dated 11/12, went to junk so only just found it.This is the text of the appeal letter they sent;Site: Trade cityIssue date: 27/11/2025Contravention: Parked on or within a no parking areaThank you for your appeal received on 08/12/2025 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments you have made. This appeal has been considered in conjunction with the evidence gathered by the parking attendant. Our records show the notice was correctly issued as the vehicle was parked in breach of the Terms and Conditions of Parking.Whilst we appreciate your concerns and the comments raised; the vehicle was parked on private land, in a no parking area, on a yellow-lined pedestrian walkway, in breach of the terms and conditions, the vehicle registration mark was not exempt from parking terms neither was it registered at the above location, and no supporting evidence was submitted in the first instance to support authority from the operator to use the space.Within the appeal, you claimed that the Notice to Keeper does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012.The notice states:' ... This Parking Charge Notice has been issued to the above-mentioned vehicle due to a breach of the Terms & Conditions of Parking at the location noted above. The Parking Charge is now payable to C.U.P Enforcement as the Creditor. The Parking Charge notice of £100 is due for payment within 28 days of the notice date. If paid within 14 days of this notice date the amount payable will be reduced to £60.The signage displayed at the entrance of the car park and throughout states that the site is private land operated by C.U.P Enforcement (the creditor). The conditions detailed on the signage must be complied to or a Parking Charge Notice will be incurred. Motorists who choose to park their vehicle in the car park are thereby agreeing to be bound by these terms. As the motorist has contravened the terms and conditions detailed on the signage, a parking charge notice has been issued and is now payable to C.U.P Enforcement.Protection of Freedoms Act 2012 Paragraph:You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this parking charge in full. If you were not the driver of the vehicle at the time, please inform us of the name and current postal address of the driver and pass this notice on to them. This information can be supplied online at: cupenforcement-liability.zatappeal.com You are advised that if, after 29 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 we 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 you as the vehicles Registered Keeper. This Notice 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 the Act.Should you provide an incorrect address for service, we may pursue you for any Parking Charge amount that remains unpaid. Should you identify someone who denies they were the driver, we may pursue you for any Parking Charge amount that remains unpaid. Please see reverse for details of how to pay, transfer liability, or appeal this PCN ... ' CUP Enforcement is authorised to issue clearance, parking permits and charges under PoFA 2012 in cases of contravention. As detailed above, the notice is PoFA 2012 compliant, and as the keeper you are now liable for thecharge.The driver entered a contract with CUP due to the following: Firstly, there was an offer, which was reasonably brought to attention via signage at the site which sets out the terms and conditions. Secondly, the driver was afforded a reasonable opportunity to read and understand the offer and consequently, is now required to comply with the contract. Ultimately, it is the responsibility and duty of the motorist to ensure upon arrival, that they seek out, read and comply with terms and conditions accepted upon parking if they wish to use land that does not belong to them. By parking the vehicle in contravention, they accept the potential consequence of incurring a PCN. Terms and conditions were undoubtedly displayed and contact information is displayed on all CUP signage,however, none was made. Unfortunately, sufficient evidence was not provided in order to warrant the cancellation of the PCN. As the contact details of the driver have not been provided, the registered keeper is now liable for the parking charge notice. The terms and conditions are displayed on CUP signage throughout the development to notify drivers of the contractual agreement when entering the above location. We can confirm the officer followed the correct procedure and the PCN was issued correctly.Please note that the grace period allowance is not a period of free parking, refers to parking spaces where payment has been made for use of the parking area, for a particular amount of time, or where/if parking is permitted. The location above is private land hence it is a restricted area where no payment was made, there was no maximum parking time frame and motorists that are not exempt are not permitted to utilise the parking spaces, therefore, the grace period is not applicable in this instance.The Private Parking Sector Single Code of Practice (SCoP) sets the standards with which parking operators that are regulated by The British Parking Organisation and The International Parking Community need to comply.Section 2.19a of SCoP sets the definition of parking as: a vehicle entering and remaining on controlled land.Section 2.19b of SCoP defines the action of being parked as: a vehicle being stationary other than in the course of driving. A vehicle may be deemed to be parked whether or not the driver has vacated the vehicle/turned off the ignition. The evidence shows it was stationary; hence, was observed as being parked - this observation stands.As parking was prohibited in this area, there was a breach of the terms and conditions indeed.A stationary vehicle is classed as parked whether or not the driver or any passengers are waiting within the vehicle or in the surrounding area, and whether or not the engine is running. Parking standards are a matter of safety, security and etiquette. Responsibility rests with the driver to ensure the area selected for stay, no matter the occasion or duration, is suitable and parking complies with current terms and conditions. The time and date stamped photographic evidence submitted by the operative, captured the vehicle parked at the location. Our sitemaps confirm the signage at the site was clear, legible, unobstructed, in full operation and in proximity to thevehicle.What is my next move. Thanks