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Good afternoon all,

Registered keeper of the vehicle received this in the post today from UK car park management. The keeper says they did not see the notice displayed on the road and have parked in the same area on multiple occasions without any issue. Seeing as it's a private parking charge they are willing to fight it. Any advice on how to proceed? Thanks

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Thanks for responding. Here's a drafted appeal using some of your previous drafts for other users.

I am writing to formally challenge the Parking Charge Notice issued on 19th May May  2025 in relation to an alleged incident on 18th May 2025 at Portal Way, London

This appeal is submitted strictly in my capacity as the Registered Keeper of the vehicle. I do not identify the driver and make no admission as to who was driving at the time.

Having reviewed the notice and the accompanying images, I reject the charge on the following grounds:

The photographs provided do not show any clear breach of parking terms and conditions. The vehicle was briefly located by the pavement, outside the private estate, and not within any clearly marked or signed area that is stated to be under the control of UK Car Park Management.

  The area lacks sufficient and prominent signage or to indicate that it is private land or subject to parking restrictions. Without clear signage at the point of entry or where the vehicle was stopped, no contract could have been formed.

Your Notice to Keeper fails to comply with Paragraph 9(2)(a) of Schedule 4 of the Protection of Freedoms Act 2012. It does not specify any period of parking. A single timestamp does not constitute a period of parking and does not demonstrate that the vehicle remained on site long enough to conclude that any contractual terms were accepted or breached. As such, no liability can be transferred to the Registered Keeper under POFA.

Also as per schedule 4 paragraphs 2 and 3 of the protection of freedoms act  2012, the relevant land in which the vehicle was parked was not displayed on the notice to keeper and therefore the keeper cannot be held liable

I'd appreciate your input @b789

Excuse me for my ignorance but I do not get what difference it makes to have only the NTK displayed?



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The NTK is attached as a pdf to the posts above, apologies if I missed it.

Received this response from UKCPM yesterday, the appeal sent was more or less similar to the draft written above. I've read on other threads that this is a trap and one shouldn't take the bait and pay?

"Thank you for your appeal against the above Parking Charge Notice.                     

At UK CPM we consider all appeals on a case-by-case basis. We take each appeal very seriously and thoroughly investigate any evidence that has been provided. We appreciate your circumstances and understand this is not a situation anyone would like to find themselves in; however, these parking conditions have been put in place to ensure fair usage for all motorists and support the needs of our client. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.

The decision to uphold your parking charge notice has been made on the following basis.

Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked in an area where no parking is allowed, we can confirm that this PCN has been issued correctly.

It would appear that you believe we are obligated under the General Data Protection Regulations (GDPR) to supply you with information that is not deemed to be personal data.

It may be worthwhile reading the following link from the Information Commissioners Office (ICO) which gives a clear definition of Personal Data:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/what-is-personal-data/

Therefore, we must advise, the additional information you have requested does not fall under your rights with regard to Article 15 of GDPR and therefore we will not be providing this to you.

Either due to the reason for issue and/or the insufficient evidence provided to support the details of your appeal, we have considered this PCN and found that it does not fall under the category of Annex F the Appeals Charter of the Single Code of Practice. Therefore, if no further evidence is provided, we will deem this to be our final decision.                                                 

You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both.

To make payment of the total amount due as shown above, please use one of the following payment options;

Online: www.paymyticket.co.uk
Telephone: 0345 463 4040 (24hr)
Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR
Alternatively, if you do not agree with your internal appeal outcome and you wish to dispute the matter further, as you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 28 days of this rejection.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. If you decide to appeal to the IAS, you will need to visit their website and use your PCN reference and corresponding vehicle registration. All PCN's will be uploaded to the IAS website by the end of this working day.

If you appeal this charge further then you will lose the ability to pay at the reduced rate (if applicable). In the event that your IAS appeal is unsuccessful, the full amount for the PCN will then be payable. If you lodge an appeal with the IAS and then subsequently pay the charge prior to that appeal being determined, then the appeal will be withdrawn, and you will not be given a further opportunity to contest the charge.

If you do not wish to dispute the matter further and payment is not received within 28 days of the date of this correspondence then additional charges may be incurred, for which you may be liable. If the charge continues to remain outstanding, the matter may be later referred for litigation in the County Court which could result in a County Court Judgment being made against you; this may impact on your ability to obtain credit in the future."



 

Here was the full appeal

I am writing to formally challenge the Parking Charge Notice issued on 19th May May 2025 in relation to an alleged incident on 17th May 2025 at Portal Way, London This appeal is submitted strictly in my capacity as the Registered Keeper of the vehicle. I do not identify the driver and make no admission as to who was driving at the time. Having reviewed the notice and the accompanying images, I reject the charge on the following grounds: The photographs provided do not show any clear breach of parking terms and conditions. The vehicle was briefly located by the pavement, outside the private estate, and not within any clearly marked or signed area that is stated to be under the control of UK Car Park Management. The area lacks sufficient and prominent signage or to indicate that it is private land or subject to parking restrictions. Without clear signage at the point of entry or where the vehicle was stopped, no contract could have been formed. Your Notice to Keeper fails to comply with Paragraph 9(2)(a) of Schedule 4 of the Protection of Freedoms Act 2012. It does not specify any period of parking. A single timestamp does not constitute a period of parking and does not demonstrate that the vehicle remained on site long enough to conclude that any contractual terms were accepted or breached. As such, no liability can be transferred to the Registered Keeper under POFA. Also as per schedule 4 paragraphs 2 and 3 of the protection of freedoms act 2012, the relevant land in which the vehicle was parked was not displayed on the notice to keeper and therefore the keeper cannot be held liable Should you reject this appeal, I will not engage with the Independent Appeals Service (IAS), which I do not consider a fair or impartial body. You may proceed directly to court if you believe your case has merit. I am fully prepared to defend this matter and will seek a full costs order for unreasonable conduct if you pursue an unmerited claim. You are now formally instructed not to share my personal data with any third-party debt collection agency. Doing so would be unnecessary and in breach of UK GDPR, particularly Articles 5(1)(b) and (c). Any such misuse will be reported to the Information Commissioner�s Office and the DVLA, and I reserve the right to seek compensation under Article 82. I expect therefore either the cancellation of the charge or issue a Letter of Claim. Do not refer this matter to a debt recovery agency.