Free Traffic Legal Advice

Hi everyone, hoping you can help.

The attached PCN was recieved to the registered keeper from CUP Enforcement for allegedly breaching terms and conditions due to unauthorised parking, specifically not being on the whitelist.

What’s strange is that the contravention date is listed as 09/01/2025, but he only received the PCN on 03/07/2025 — almost six months later.

The timestamped images on the PCN show his vehicle entering the location at 16:12 and exiting at 16:23 on the same day, meaning he was there for just over a minute.

I’ve attached photos of the PCN for reference.

Any advice on how best to proceed would be greatly appreciated.

Thanks in advance.






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You appeal only as the Keeper of the vehicle. Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

I am the keeper of the vehicle 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. CUP 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. CUP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Let us know how you get on. There's a fair chance they'll reject your appeal because they're stubborn, but if they do, you've got as close to a slam dunk as it's possible to get at POPLA and we can provide a suitable appeal.

There is no other background. Exactly how I mentioned above. Im going to send the below appeal, please advise if this is ok?

PCN Reference: XXXXXX
Vehicle Registration: XXXXXXX
Date: 06/07/2025

Dear Sir/Madam,

I am the registered keeper of the vehicle and I am formally disputing this parking charge. I do not accept any liability or contractual obligation, and I will be submitting a formal complaint regarding your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with all the requirements of the Protection of Freedoms Act 2012 (PoFA), you are unable to hold the keeper liable for the charge. Partial or even substantial compliance is not sufficient.

There will be no admission as to who was driving the vehicle at the time, and no assumptions or inferences can be drawn. CUP 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 any misinterpretation of agency law. Your NtK can only hold the driver liable. CUP have no realistic chance of success at POPLA, so I urge you to cancel the PCN.

Furthermore, your NtK is invalid as it was not served within the ‘relevant period’ defined in PoFA Schedule 4 — namely, within 28 days after the 28-day period following the notice to driver.

Kind regards,

Perfect I'll send off now and leave the part out about the 28 day period.

Do nothing.
Ignore.
They’re trying to trick you into identifying the driver.
They will reject your appeal - they always do - but your POPLA appeal which you will construct with our help should see them off.

The “Transfer of Liability” thing is rubbish, they pretend it means something, but it’s their invention, ignore it. It’s most certainly not required in any way, as they claim.

Excellent — so if I now ignore them, will they automatically reject the appeal after 14 days and issue a POPLA code?

Yes.
It’s all part of the way these people lie and trick you into things which mean you end up paying them. Money is all they care about.

Hi all. Thank you so much for all your help. Recieved a letter from CUP Enforcement stating having considered all the grounds and evidence provided we will cancel the charge on this occasion 😀