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Had 2 tickets cancelled because they were not pofa complaint, But I haven't got an explanation succiently what pofa 2012 is?

Are all private parking charges pofa non-compliant? OR can some be compliant? Is it just the choice of words they use? Theyre missing out on some verbage? Do they need to ask RK to identify the driver in a certain mannger?

I think on MSE I read that some parking companies have been able to comply with pofa and hold keeper liable.

Any existing articles/explanations to what POFA 2012 would be appreciated.

If you're going with the lack of proper consideration period point, I'd be minded to leave out the point about loading. It's a valid point, but not one that POPLA usually agree with in my experience, and also one that might weaken the consideration period point.

Quote from: Plywood-Enthusiast on January 07, 2026, 01:48:07 pm

The PCO was clearly in a rush. Didnt even have time to print out a physical parking charge and put it on the windscreen.

UKPC rarely issue windscreen tickets - it won't be because the attendant was in a rush, it'll be because they don't use windscreen tickets at that location.

Quote from: Plywood-Enthusiast on January 07, 2026, 01:48:07 pm

WHat is the attachment count limit for POPLA appeal.

I'm not sure. It's generally easier for the assessor to follow if you can just give them one PDF with everything in, rather than several files that you need them to jump back and forth between.

RK just got the document sent in. I'll upload if interestest. It was a very long time since I helped do a POPLA appeal. and I almost came acropper on the POPLA form, when I was wizzing though and make RK select the option where they inadvertetly claim to be the driver... improper signage is one of my reasons and I almost selected "there was inadequate signage when I was driving" as the option. Got RK to go back and choose "was not the RK or driver option". Fortunately I caught it in time.

i know this place well. parking is really bad around here, had to drop in many times when wife in maternity ward. had to drive around and around loads to find parking. sometimes it was better to park 10-15 mins walk away.

PCOs are idiots. I saw a small car parked on a busy road to the hospital. very close to the junction. Ambulance had to overtake the small car at a junction to get past and got blocked in because car came in from the right.

I was walking past and I noticed PCOs giving ticket to some car, I approached them and asked "can you look at this smart car around the corner, it's blocking ambulanes", they were on it, and one PCO told the other PCO to deal with. lo and behold the smart car was the PCOs!! The PCO go in and drove it off. I should have recorded this and posted it online.

Doesnt surprise me they're idiots who block ambulances who also put the wrong street name down on the ticket.

Original complaints letter:

Dear Sir/Madam
PARKING CHARGE REF: 3043353011604
Reg: KY08WTL

I am the keeper and NOT the driver of the vehicle. I have been blocked from making an appeal through the UKPCappeals.co.uk website, stating it has been sent for collections. An attempted was made to appeal online on 2nd December 2025
UK PC has blocked my appeal, meanwhile UKPC is still happy to accept the £100 payment for the parking charge. I am still within my statutory right of appeal within 28 days of receipt.  The PPSCoP talks about 28 days from when the keeper "receives" the notice, and then explains how “receipt” is worked out for something sent by post.

In my case the timeline is quite straightforward. The alleged contravention was on 28/10/2025. The Notice to Keeper (NtK) is dated 05/11/2025. The PPSCoP says that a notice sent by post is presumed delivered on the second working day after the date of posting, unless you can prove otherwise. If UKPC actually posted it on 05/11, the first working day is Thursday 06/11 and the second working day is Friday 07/11. So, for the purposes of the PPSCoP, the NtK is treated as received on 07/11/2025.

The 28-day appeal window in the PPSCoP then runs from that date of deemed receipt, not from the 5th. So Count 28 days from 07/11/2025 and you land on 05/12/2025. That is the last day on which the Keeper must be allowed to lodge an appeal under the Code.
I tried to use the online appeals portal on 02/12/2025, which is only day 25 from deemed receipt. In other words, my appeal attempt was comfortably within the 28-day period the PPSCoP requires.

Now put that alongside what the Code actually says. Section 8.1.2(e) requires that the notice itself tells the recipient they can appeal if they do so within 28 days of receiving the parking charge. The Note under that sub-paragraph is the bit that sets out the “second working day” presumption I have quoted. Section 8.4.1 then says that operators must provide a process which allows the parking charge to be appealed within 28 days, and at §8.4.1(c) it goes further and says they must consider late appeals where the motorist can show exceptional circumstances.

UKPC’s system blocking an appeal on 02/12/2025, and declaring that the case had been sent to debt recovery even though the 28 days from receipt had not yet expired, is flatly contrary to both 8.1.2(e) and 8.4.1(a). I have screenshots to prove this which will be going through the complaints procedure.

That deemed-delivery rule also contains the escape clause I pointed out: the presumption applies “unless the contrary is proved”. UKPC will be put to strict proof of the date the notice actually entered the postal system using a genuine first-class (1–2 day) service. They will not be able to do so. Your invariably rely on hybrid-mail systems offering 2–3 day delivery with no individual proof of posting and no evidence of the exact day the NtK entered Royal Mail’s network.

My captured screenshots of the online appeal page and payment page, showing the date and time when their system wrongly stated that appeals were closed and the matter was with a debt collector, while still happily offering you a £100 payment button. I have also sent a written appeal to UKPC in the keeper’s name, which does not identify the driver.

The narrative for the formal complaint and appeal is therefore simple: contravention on 28/10, NtK dated 05/11, deemed receipt on 07/11 under the PPSCoP, and an online appeal attempt on 02/12 which was within the 28-day period. The refusal to accept that appeal is a breach of 8.1.2(e) and 8.4.1(a). The previous written appeal must therefore be treated as an in-time appeal and processed accordingly, with either cancellation or a rejection including a POPLA code.

Section 11.2 of the PPSCoP then bites. That clause says that where a parking operator receives a complaint that it considers to be or include an appeal against the validity of a parking charge, it must treat it as an appeal for the purposes of the 8.4 timescales unless and until it is clear that the complaint is not relevant to an appeal. The complaint is plainly about the validity of the charge and the handling of the appeal window, so UKPC are required to treat it as an appeal under the Code.

The escalation narrative is then completed by noting that continuing to block an in-time appeal and pushing the consumer towards “debt collection” while misrepresenting their appeal rights is not only a PPSCoP breach but also an unfair commercial practice under the Digital Markets, Competition and Consumers Act 2024. This behaviour involves misleading actions and omissions concerning the consumer’s rights of redress, and the use of aggressive commercial pressure. It is conduct that may fall within the CMA’s enforcement remit under the DMCC. If the person reading the complaint does not understand the implications of that, they should pass it immediately to a responsible adult within UKPC who has the intellectual capacity to do so.

Finally, the keeper makes clear that if UKPC refuse to recognise the appeal as in-time or fail to issue a proper rejection with a POPLA code, the matter will be escalated to the BPA, the DVLA, and the CMA for breaches of the PPSCoP, misuse of DVLA data, and unfair commercial practices under the DMCC.

My appeal on this parking charge was supposed to be as follows, please consider this a valid on time appeal:
I am the keeper of the vehicle and NOT the driver, and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
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. UKPC 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. UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
You are invited to either cancel this charge or issue a POPLA appeal code

Kind Regards
RK details here - reiterated keeper not driver.

Hello

I would like some assistance on how to draft the appeal. And clarification on deadline of appeal. THe NOR (notice of rejection) was issued on 11-dec. Today is day 28 according to UKPC. Not sure if POPLA will extend this for a few more days or not. WOuld like help to submit the POPLA appeal.

I am very busy today, would rather do this another day. Can I make a draft appeal with just the default POFA non-compliant line and add the other 3 reasons later?

TIA


RK sent a letter to complaints address at ukpc. Putting in appeal based on non-compliant POFA letter. Also complaining about the early withdrawal of appeals.

UKPC sent a letter to RK  on 11-Dec rejecting the appeal and a POPLA code was provided.

There are 3 corrospondonce since OP.

If you count 11-Dec as day 1. Today 7th Jan would be day 28 So I am in a rush to submit the appeal. I know there are a few more days buffer. But I am going to rush through and send this.

My defence:
1) non pofa compliant letter to RK 
2) procedural impropriety - blocking the appeal within the 28 day period.
3) loading activity performed for a tower block, land has path to this land, and the tower blocks store their refuse bins on this car park. So driver deduces the car park land belongs to the building.
4) Lack of signage as per below. Driver did not drive by or walk by any signs about parking restrictions, the land looks derelict with no bay markings. You have to walk to the far corner to read parking sign. The driver stopped near where the toyota ch-r is on that picture. And walked towards the Stratosphere tower to make delivery. There is no obvious indication this land is restricted parking. Driver did not receive a windscreen permit. So did not realise they needed to photagrap their delivery iteniery. So this was last due to lack of windscreen permit. UKPC used a warden to manually take photos (which shows less than 1 minute observation). They did not issue ticket via CCTV. In which case driver could have proven they were loading from the CCTV footage.





The corrospendce receive by RK.









After the letter on 11th December, they have also sent this email reply for some reason:

January 2nd to RK

Good morning,

Thank you for your email.

The parking charge was issued on 28th October 2025 by our parking operative at Stratford Shopping Centre - No permit. Your name and address were obtained from the DVLA, as you are the registered keeper of the vehicle. The parking charge notice was sent to you on 5th November 2025 and a final reminder was sent to you on 19th November 2025. Please see attached PDF copies of these notices. After no payment or appeal was received from you, the parking charge was passed to debt recovery for further action. 

Please note that as stated on out initial parking charge notice, an appeal must be made within 28 days of the date of the initial parking charge.

The Protection of Freedoms Act 2012 states that if after 29 days, the Parking Charge has not been paid in full, and the operator does not know both the name and current address of the driver, that they have the right to recover any unpaid part of the Parking Charge from the Registered Keeper. 

We received your appeal on 5th December 2025 which was responded to as a gesture of goodwill. A letter was sent on 11th December 2025 stating that the parking charge had been correctly issued. Please see the attached PDF copy of this letter.

The parking charges issued by UK Parking Control Limited are based on a contractual agreement between UKPC and the driver, as detailed on the signage displayed in the car park. The signage states the terms and conditions of parking and explains that a parking charge will be payable if the terms are not met by the driver. We ensure that signage is ample, clear and visible, wholly in line with the British Parking Association Code of Practice. It is settled law that a driver is deemed to have accepted the terms and conditions of parking by the act of parking and leaving a vehicle.

We can confirm that UKPC hold the relevant authority from the Landowner or their agent to operate parking management and as a result, issue parking charges on site.

If you do not agree with our decision, you have the opportunity to appeal to POPLA, information on how to do this is provided with our appeal response.

Please be advised that UKPC is a member of the British Parking Association and Approved Operator Scheme, which means that we are a member of a well regulated industry and conform to the relevant requirements and regulations.

Thank you.

Kind regards,
Complaints Department

thanks b789 Thats reassuring.

I did the appeal late on 2/12/25 and then only realised I should be screenshotting the pages just shortly after midnight and was dreading that I would be clutching at straws with that screenshot because the date on there clearly shows it just after "28 days". But the two extra days for postage comes in handy.

Here are the screenshots to put it on public record. I have sent an email to their complaints, with the aim of escalating to BPA and CMA. I will send this evidence to CMA anyway because other people are getting screwed. In the complaint email I have sent 90% of your post above^ (changed from 'you' to 'i' and proof read it so it makes sense, and removed advice directed to me)

I have uploaded the images below as matter of public record.

Play nicely kids.

The OP is talking about the keeper (someone else), throwing him under the bus, not t'other way round.

Ideally the keeper will deal with it until conclusion but if they're just going to pay and you're more up for a fight they could name you.

The RK is someone else, its a big ask for them to receive letters in their name for the next 6 years with supposedly legal letters for a parking charge they have not incurred themselves. They are of a nervous disposition and will not accept the letters are fake and can be ignored. 

I(the driver) will be drafting the appeal. submitted as them, with their permission of course. I would rather get this dealt at POPLA stage and provide full delivery to POPLA and throw a big bank of evidence their way to get the charge cancelled. evidence including drivers name (my name) in the unredacted documents.

If you think even POPLA is going to be 50:50 and I'm relying on it never going to county court. I might as well have the letters come in my name and have a strong defence for court if they wish to take it there.

I'd rather go to court as the driver and defend myself, than have the RK to receive 3-4 letters a year and possibly go to court.