Free Traffic Legal Advice

Parking Charge Notice Number -

To whom it may concern,

I have recently received your previous communication relating to the above parking charge and have duly noted its contents.

In this instance I have no further representation to make.

My understanding (after taking legal advice) is that there is no legal requirement to provide the information which you are asking for.

At present there is no existing route to liability in this matter and providing further information would potentially create a route to liability - as such I am simply exercising my legal right to say nothing in a situation where the law does not require me to provide the details which you are requesting.

I would also point out that there is no method by which your company could have formed a contract with the driver in the circumstances which you appear to be claiming.

I feel that this sets out my position in this matter and I am sorry that I cannot help you further.


Best wishes,

xxxxxx xxxxxxxxx

In court, I claimed that as the sign was an absolute prohibition on parking no contract for parking could be entered into, in order to enter into a contract the sign needs to OFFER parking for £100, it can't say "no parking, but if you park here you pay £100 for parking". It's called a "forbidding contract" and it's a legal nonsense ... the judge agreed with me and [threw] the case out,

i've added a photo of the signage posted by UKCPS to original post, however it's not clear what it says from their image.

I would start the appeal by questioning whether POPLA are suitable to deal with a Penalty Charge Notice - POPLA normally deal with Parking Charge Notices issued on private land which is entirely different.

POPLA does have remit to consider penalty charge notices issued for alleged breaches of parking conditions under bylaws. You must appeal to the parking operator first and they will refer you to POPLA and provide a verification code to you if you're eligible to apply. Please check the response to your appeal sent by the operator for more details.

I should be grateful for comments on the following:

Given that my wife has named me as the driver, are APCOA not obliged to discharge her from liability and re-issue a ticket to me?  So far, they have just ignored this point and continue to pursue her.

The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area

Have I got good grounds for an appeal?  I know that I cannot provide any evidence, as we paid in cash and have since discarded the ticket, but how is a photo of our car in the dark leaving the car park, and a close-up of the registration number, evidence that we did not pay?

Is the onus on APCOA to prove I did not pay, rather than on me to prove that I did?  I understand that APCOA will need to provide an evidence pack to POPLA, surely the picture they have sent of our car leaving the car park is not sufficient?