Free Traffic Legal Advice

Thanks for the reply. Looks like I missed the opportunity. Although the email from Popla came through at 11pm last night so technically still had an hour.

from Popla:

We are writing to update you about your appeal.

Your appeal is now ready to be assessed and is currently in a queue waiting to be allocated. We expect to make a decision on your appeal 6-8 weeks from the point that the appeal was first submitted. The next communication that you will receive from us will be the decision on your appeal.

I have managed to redact personal info from the doc that CUP sent

https://ibb.co/WNByf157

All help greatly appreciated.

@b789

If the signs communicated an offer of a right to park in a marked bay in return for some consideration from the driver, and included a prohibition on parking outside of marked bays, all things being equal, that would be a valid contractual offer. The point is that no such offer is communicated in any meaningful sense to any class of person who was not a permit holder (and presumably not to permit holders either)

You appear to be arguing that any breach defeats any offer, because the relevant clause was itself prohibitive. That would be very inaccurate.

The fact that the signs clearly prohibit parking on the walkway does not make them entirely prohibitive - it is the fact that no offer is communicated to the class of which the driver was a member which means that there was no offer (and that the signs were entirely prohibitive).

@OP - are there any other signs purporting to offer any right to park within the car park, and particularly at the entrance?

The only signs are the ones I originally posted.

As an aside I emailed the company that was being visited to see if they could do anything, even stating that a competitor would be used in future if the parking conditions continued. They said they couldn't do anything.

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 city
Issue date: 27/11/2025
Contravention: Parked on or within a no parking area
Thank 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 the
charge.
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 the
vehicle.


What is my next move. Thanks

Just tried to submit the appeal via the link in the email and it directs me to the same site as CUP which doesn't recognise the details and tells me to email the same address which generates the same auto reply as before.

Not quite sure where to go now.

Just emailed the address given on appeals link and have received the following automated response. Seems they can't even get the correct details on the PCN on how to appeal.Should I appeal to the link in the reply.

"PLEASE READ THE FOLLOWING IMPORTANT INFORMATION

This email address often receives emails that cannot/will not be handled by the department that monitors this account; therefore, not all emails submitted to this inbox will be responded to.

If the reason for your email is listed below, please refer to the relevant section for more information:

Parking Charge appeals
Chasing Appeal Response
Debt Recovery / Solicitor letter queries
Retrospective payment for parking requests
Registration number amendment requests
Hire/Lease company liability transfers

PARKING CHARGE APPEALS

If you are requesting a Parking Charge to be disputed, cancelled, reviewed, or adjusted in any manner (whether before or after issuance), this will be considered an APPEAL (not available to hire or lease companies – see below).

Due to the high volume of emails we receive, some may be overlooked. Therefore, to prevent any negative consequences for motorists, we do not handle appeals submitted by email, nor will we respond to post-appeal rejection emails.

We have a dedicated online portal that efficiently tracks every step of the appeal process; therefore, appeals must be submitted through our online portal here: www.alliance-parking.co.uk/appeals. Note: You cannot appeal a charge that is with Debt Recovery; the deadline for doing so has elapsed by this stage.

To reiterate, appeals/challenges submitted to this email address will not be responded to.

CHASING APPEAL RESPONSE

As detailed in the Notice to Keeper: "We endeavour to respond to appeals within 28 days of receipt. During this time, the sum of the charge will be placed on hold and will apply for a further 14 days after we have responded."

Pre-mature requests (submitted before 28 days have elapsed) for an appeal response/update will not be responded to.

DEBT RECOVERY / SOLICITOR LETTER QUERIES

If you have received a letter, text or call from our Debt Recovery agents or appointed solicitors, any correspondence must now be submitted to them, who will have provided you with their contact details.

These organisations have full access to our records; therefore, can assist with any enquiry that you may have.

To reiterate, emails submitted to this inbox from motorists following receipt of contact from our Debt Recovery agents / Solicitors will not be responded to.

RETROSPECTIVE PAYMENT FOR PARKING/REGISTRATION NUMBER AMENDMENT REQUESTS

Payment must be made immediately upon arrival, ensuring you enter your full and correct registration details. If you could not pay for parking, you should not have parked. As such, requests of this nature will not receive a response. If you receive a Parking Charge, you will have the opportunity to submit an appeal.

HIRE/LEASE COMPANY LIABILITY TRANSFERS

Hire/Lease companies cannot transfer liability electronically; therefore, emails of this nature will not be responded to. For more information, please refer to section 13 of The Protection of Freedoms Act.

We will endeavour to respond to all other enquiries within 5 working days.

Administration Department

Disclaimer: This message (including any attachments) contains confidential information intended for a specific individual and purpose and is protected by law. If you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited. Please note that neither Alliance Parking nor the sender accepts any responsibility for viruses, and it is your responsibility to scan any attachments. Alliance Parking UK Ltd is registered in England and Wales with company number 09766749."

Thanks, will get the appeal done.