Free Traffic Legal Advice

Hi Based on the 14-day rule (Incident: 18 March, Received: 7 April) and the 13-minute stay shown on the NtK, I’ve drafted the following appeal. I'm focusing on PoFA non-compliance, the 'Double Dip' technical error, and the lack of a defined 'period of parking' (citing Burgess). Does this look airtight before I submit?

Dear Sir or Madam,

Re: Parking Charge Notice number []
I am appealing this notice on the following grounds:

1. Late Delivery and Lack of Keeper Liability (PoFA 2012)
The alleged incident occurred on 18 March 2026. Under Schedule 4, Paragraph 9 of the Protection of Freedoms Act (PoFA) 2012, a Notice to Keeper must be delivered within 14 days of the incident (by 1 April 2026). This notice was not received until 7 April 2026. Because you have failed to comply with the mandatory notice period required by the Act to transfer liability from the driver, there is no lawful basis to hold me, the Registered Keeper, liable for this charge. As the requirements of the Act have not been met, I am under no legal obligation to identify the driver and I decline to do so."

2. Failure to Identify the "Period of Parking"
Your notice identifies ANPR camera timestamps for entry and exit. However, it fails to specify the actual "period of parking" as strictly required by PoFA 2012, Paragraph 9(2)(a). I rely upon the persuasive authority of Excel Parking Services Ltd v Burgess [Case No: C8DP11F0], which established that ANPR timestamps recording times of entry and exit are not evidence of a "period of parking."

3. ANPR Technical Failure (Double Dipping)
Your ANPR system has suffered from a well-documented "double-dipping" error. The vehicle entered and exited the site on two separate occasions within a short timeframe. Your system has paired the initial entry of the day with the final departure, failing to record the intermediate exit and re-entry. I require you to check your full image logs for this VRM to identify the "orphan" records that prove the vehicle was not on site for a continuous period.

4. Mandatory Grace and Consideration Periods
Even if your flawed ANPR data were accurate, your evidence shows an entry at 14:24 and an exit at 14:37—a total duration of only 13 minutes. Per the British Parking Association (BPA) Code of Practice, a motorist must be allowed a "Consideration Period" to read signs and a "Grace Period" to leave the site. A 13-minute stay is entirely consumed by these mandatory periods, meaning no "period of parking" in breach of terms occurred.

Conclusion
As you have failed to meet the statutory requirements of PoFA 2012 to transfer liability to the Keeper, and your own evidence proves no parking contract was breached, I require you to cancel this PCN immediately and confirm in writing that my data has been removed from your systems.

The driver entered the car park twice. The first occasion they drove straight through the car park as they weren't sure they were at the right location. They drove around the block and then back into the car park where they parked, collected some items, returned to the vehicle and left.

On 7th April, I, the registered keeper, received a PCN through the post. I wonder if the time of entry is perhaps the time the driver first entered the car park? Is the NtK fully complaint with PoFA 2012, or could it be appealed on these grounds?

I've been away with work and this slipped off my radar a bit. I've dug the Title Deeds out Is there anything here that could help?


In the meantime I've received this letter from a debt collection company. Any suggestions as to how to handle from here?

  Not sure why the permit isn't visible in their picture.

Don't have a lease, I'm a freeholder. Is there any other information I should be looking for?

Just had the following response from Havering:

Thank you for your enquiry.

I can confirm the contravention date is 24/09/2024 and the Penalty Charge Notice was issued Friday 18/10/2024 1st class mail therefore service is deemed Monday 21/10/2024 which is 27 days service.

Please be advised the options available to you at this time are to make payment of the full outstanding balance of £130 to prevent incurring further charges or wait for the Order For Recovery to file Statutory Declaration should you have the grounds (please see grounds below) to do so and return the form to Traffic Enforcement Centre the address can be found on the form.

I did not receive the:
Notice to Owner (Parking contravention) or
Enforcement Notice (Bus lane contravention) or
Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)
I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.
I appealed to the Parking/Traffic Adjudicator against the local authority’s decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal.

Kind regards

Any suggestions on next steps...?

Thanks for all the advice so far.

@MrChips I don't have the exact date I submitted reps, poor record keeping on my part. Their letter references 19th November, but I can't see why I would have left it so long to get something over to them.

@mrmustard The car is not leased and that is an interesting point that you raise regarding the 28 days.

Is the complaint here that, the PCN was served outside the 28 day period and is therefore unlawful. Furthermore no Charge Certificate was ever received. Is there anything else I should be saying?

Reps were submitted as suggested by Hippocrates, then no further correspondence received or sent until this popped through the letterbox today.