3. Britannia Parking NTK – Advice on Appeal Wording
« previous next »
Pages: [1] 2

Author Topic: Britannia Parking NTK – Advice on Appeal Wording  (Read 957 times)

0 Members and 568 Guests are viewing this topic.

Britannia Parking NTK – Advice on Appeal Wording
« on: »
Britannia Parking NTK – Advice on Appeal Wording


Hi all,

I’ve received a Parking Charge Notice from Britannia Parking.

Image of the NTK: https://imgur.com/a/lwn3W4G

The notice is dated 22 July 2025 for an alleged contravention on 16 July 2025, so it was delivered within the POFA 14-day window. I was away for nearly a month afterwards, so I’m now well outside their first 14-day “discount” period.

What’s frustrating is that I really thought I had paid for the parking via an app at the time, because I knew I’d be there for a while and I was about to go on holiday and didn’t want the hassle. For some reason I can’t find any record of the payment, but I’m certain I intended to make it.

Here’s the draft appeal I’m thinking of sending to Britannia Parking:

Dear Sir/Madam,

I am the registered keeper of vehicle registration [XXXXXX] and I am writing to appeal Parking Charge Notice [XXXXXX].

Your Notice to Keeper fails to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA), and therefore you cannot hold me liable as keeper.

As you have not met the conditions for keeper liability, please confirm that this charge has been cancelled. I will not be making any payment to your company.

For the avoidance of doubt, I am under no legal obligation to identify the driver, and I will not be doing so.

If you reject this appeal, please supply me with a POPLA verification code so that I may escalate the matter to independent adjudication.

Yours faithfully,
[Your Name]

Before I send it, could anyone confirm whether there are any POFA compliance issues on this NTK, or if Britannia’s paperwork here usually meets the Schedule 4 requirements?

Thanks in advance.
Logged

Share on Bluesky Share on Facebook

Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #1 on: »
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #2 on: »
 sorry, I thought I'd left them there but I also wrote them above
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #3 on: »
Whilst the Notice to Keeper (NtK) was given within the relevant period, it is still not fully compliant with All the requirements of PoFA and so the appeal you have submitted is still relevant.

The relevant statutory requirement from Schedule 4, Paragraph 9(2)(e)(i) of the Protection of Freedoms Act 2012:

“The notice must— (e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i) to pay the unpaid parking charges.”

This is a mandatory requirement. The Notice to Keeper must explicitly invite the keeper to pay the charge if the driver is not identified.

Now here is the wording used in the Notice to Keeper (NtK) from Britannia:

"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."

Nowhere in this wording is there any invitation for the keeper to pay the unpaid parking charge. The notice says the driver is required to pay, and that if the keeper was not the driver, they should pass the notice on and provide the driver’s details. It then says that if the charge is not paid or the driver is not identified, Britannia has the right to recover the charge from the keeper.

This is not an invitation to pay. It is a statement of intent to pursue. That fails to meet the requirement under PoFA 9(2)(e)(i), which requires an actual invitation to the keeper to pay the charge.

Because this requirement has not been met, Britannia cannot rely on Schedule 4 of PoFA to hold the keeper liable. They may only pursue the driver, whose identity they admit they do not know. This is a clear procedural failure.

All this can be explained to POPLA when they reject the initial appeal.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #4 on: »
I haven't actually submitted the appeal yet I was just about to do it, but was checking the wording

Just for clarity are you saying I should submit that first and then when they follow up with procedure do what you've said above?
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #5 on: »
Something more like this?

Dear Sir/Madam,

I am the registered keeper of vehicle registration [XXXXXX] and I am appealing Parking Charge Notice [XXXXXX].

Your Notice to Keeper fails to comply with the mandatory requirements of Schedule 4, Paragraph 9(2)(e)(i) of the Protection of Freedoms Act 2012. The Act requires the notice to:

“…state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper to pay the unpaid parking charges.”

Your notice does not contain any such invitation to me, the keeper, to pay the unpaid parking charge if the driver is not identified. Instead, it only states that the driver is liable, and that you have the right to recover from the keeper if the charge is unpaid or the driver is not named. This is not compliant wording and is a clear procedural failure.

Because of this failure, Britannia cannot transfer liability from the driver to me under Schedule 4, and you may only pursue the driver, whose identity you do not know.

Please therefore confirm that the Parking Charge Notice has been cancelled.

Should you reject this appeal, I require a POPLA verification code so I may escalate the matter.
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #6 on: »
That'll do also as an initial appeal. There is probably more chance of winning a lottery than any initial appeal being successful, no matter how logical it is phrased.

The aim is to get the POPLA code so that you can submit an appeal that will at least be considered. That's when you put the detail into play. You will also put them to strict proof of a valid contract flowing from the landowner that permits them to operate and issue PCNs in their own name at the location.

One step at a time.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #7 on: »
Thank you very much
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #8 on: »
It's been awhile since I had a ticket, what I normally used to do is just tell them that I was the registered keeper and declined to tell them who is the driver was and they normally went away has this changed now?

For example this is worked for me many times (Response from another parking company):

In your appeal you have explained that you are the registered keeper of the vehicle and declined the invitation to provide us
with the full name and address of the driver.
On this occasion we are prepared to exercise our discretion and have now cancelled this Parking Charge but must inform
you that the terms and conditions in this location advise the driver that they must pay for each visit to the site. Signage is
displayed at the approach to this drop off area, along the location and upon exit, advising all motorists that a payment to use
the drop off area is required to be made online or by phone. As stated above, the terms and conditions of using the drop-off
zones are displayed by way of clear signage. It is the responsibility of the motorist to read and comply with the signage on
site.
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #9 on: »
That would only apply if they are not relying on PoFA to be able to transfer liability from the unknown driver to the known Keeper. Britannia are trying to rely on PoFA to hold the Keeper liable if the drivers identity ion not revealed.

As I have pointed out, there is a flaw in the wording on their NtK which means that it is not fully compliant will all the requirements of PoFA. Just like you can't be partially pregnant, you either are or you aren't, an NtK cannot be partially or even mostly PoFA compliant. It either is fully compliant or it isn't.

If it isn't, then the Keeper cannot be liable. Only the driver, if identified.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #10 on: »
Aha, thanks once again
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #11 on: »
So they replied the same day with the usual standard email

Thank you, we are in receipt of your appeal. Please ensure that you have read the below information.

All complaints in relation to a Parking Charge Notice will be treated as an appeal unless clearly stated otherwise by the motorist/keeper. Or unless an appeal has already been submitted.

Once an appeal has been received, the Parking Charge Notice (PCN) and subsequent charges are put on hold.

A member of our appeals department will complete a review of the PCN, and any valid mitigating circumstances provided in the appeal. They will only be able work with the parameters of the system and the Parking Contract, to ensure personal opinions do not cause biased or unfair appeal decisions.

A decision will be made, and the outcome letter will be sent via the same method we received your appeal, unless stated otherwise, with any payment due or timeframes being applicable from the date of the appeal decision notice.

Appeal evidence

Please ensure that you have provided all you necessary supporting evidence for your appeal, this may include, copy of blue badge, proof of payment for parking, proof of purchase or any other evidence you believe to be relevant to your case. If they have evidence which you did not provide with your appeal, you can email it to parkingcharges@britpark.com, as soon as possible in order for it to be considered, along with your appeal.
More than one Parking Charge Notice?

When appealing via our website, you must ensure that each Parking Charge Notice is appealed separately if you have been issued more than one.

Time frames

If your appeal was submitted within the discounted period, you will be given a further 14 days to pay the notice at the discount rate.

If your appeal was submitted outside of the discounted time frame an additional discounted period will not be offered.

We have an internal 28-day timeframe in which to reply to appeals, so please regularly check your spam/inbox for correspondence as well as post. You may also wish to add our email address to your safe list – parkingcharges@britpark.com

We may ask for additional evidence to support your appeal. In these instances, we will write to you stating the additional evidence required and you will be given 14 days to produce this additional evidence. Please be aware due to waiting for additional evidence your appeal response may exceed our 28-day deadline.

Outcome

Your appeal response will inform you if your PCN has been cancelled, reduced, or declined.

If your appeal was submitted within the discounted period, you will be given a further 14 days to pay the notice at the discount rate.

If your appeal was submitted outside of the discounted time frame an additional discounted period will not be offered.

Independent Appeal Ombudsman Service -POPLA

If we decline your appeal, you will be provided with details of how further appeal to POPLA, along with a unique reference number. You will be given a full 28 days to submit an appeal to POPLA.

If you opt to pay the PCN, you will be unable to appeal further. If you pay the PCN before you submit a POPLA appeal, or at any point after, we will notify POPLA of your payment and your appeal will be closed and not considered for assessment.

Please note that if you wish to make an appeal to POPLA, you will lose the right to pay the PCN at the discounted rate, should POPLA decline your appeal.

Should their decision not go in your favour you will be required to pay the full amount of the PCN within 28 days.

Parking Charges Department

Britannia Parking


But in the meantime they still sent me" parking charge Final reminder"

https://imgur.com/a/i2RnhAq

It's almost as if they don't want me to appeal or the right hand doesn't know what the left hand is doing

surprise surprise
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #12 on: »
As predicted they have replied implying that I still have to tell them who was driving or they'll come after the registered keeper

"
You are advised that if, after 28 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 Britannia Parking 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 the registered keeper. This warning 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 that Act.

Should we be provided with an incorrect address for service, we will pursue the registered keeper for any Parking Charge that remains unpaid. Therefore, after 28 days if you have not provided us with the driver’s name and address you will be liable to pay the Parking Charge, regardless of whether you were the driver at the time or not.
The Parking Charge was issued to your vehicle because you failed to purchase a valid ticket. It is the driver’s responsibility to ensure that they have read and understood the terms and conditions for"





https://imgur.com/a/M5dq55t



https://imgur.com/a/vRfutvJ


I suspect there is a standard answer I need to give them if someone could point me in the right direction that would be very helpful.
Logged
Winner Winner x 1 View List
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #13 on: »
Doesn’t it say
Quote
we are prepared to cancel the notice
?
Logged
Re: Britannia Parking NTK – Advice on Appeal Wording
« Reply #14 on: »
I would advise reading the last paragraph of their letter carefully, as they appear to say the charge is cancelled.

I assume no POPLA code etc. was provided?
Logged
Pages: [1] 2
« previous next »
  3. Britannia Parking NTK – Advice on Appeal Wording