Author Topic: Elite Parking Management - Parked in Contractor/Visitor Bay without valid permit - British Estate  (Read 4408 times)

0 Members and 53 Guests are viewing this topic.

Choose "other", the text of your appeal covers the grounds.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Thanks! will it suffice if I simply upload a pic of the windscreen ticket and the rejection letter from Elite?

I wouldn't upload either of those, as I'm not sure the contents of either are relevant to your appeal. Your appeal is on the grounds that, following a windscreen ticket, Elite have failed to issue a Notice to Keeper. If Elite want to provide a copy of that windscreen ticket they can do.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Update - Elite have uploaded their "evidence". The Operator Case Summary given is: "The motorist has said The driver has not been identified and will not be identified. There is no legal obligation on a Keeper to name the driver and there is no lawful presumption and can be no inference that the Keeper was the driver. However, it is down to the keeper of the vehicle to inform us of the driver of the vehicle so we can process a transfer of liability. If they do not follow this procedure the keeper of the vehicle i then liable."

What do I need to do now?

Thanks in advance 

Please show us a redacted version of their evidence pack.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Sorry for the delay - please find redacted version of their evidence pack here

Would really appreciate any steer.

Thanks

Their evidence pack lacks any Notice to Keeper, as expected.

You can possibly reply using the following:

Quote
RESPONSE TO OPERATOR EVIDENCE

The operator has not proven compliance with PoFA Schedule 4 paragraph 8.

A windscreen Notice to Driver was issued on 22 November 2025. Where an NtD has been given and the driver is not identified, PoFA Schedule 4 paragraph 8 requires service of a compliant Notice to Keeper within the statutory day 29 to day 56 window. The operator has not produced any NtK in evidence.

Without compliance with PoFA, there is no lawful basis to pursue the Keeper. The identity of the driver has not been disclosed, and the operator may not rely on assumption or inference.

The appeal must therefore be upheld because the person being pursued cannot be liable for the charge in law.

Conclusion

The operator has ignored and failed to rebut the main ground: the operator has failed to produce or evidence service of any Notice to Keeper as required by PoFA Schedule 4 paragraph 8 and is put to strict proof of posting. The driver is unidentified. The appeal must be allowed.

Thanks - submitted!

Happy to announce... POPLA have allowed the appeal!

"The appellant has raised the following points from their grounds of appeal. For the purposes of my decision, I have summarised these below. • The operator has failed to comply with Schedule 4 of the Protection of Freedoms Act (POFA) 2012. On reviewing the operator’s evidence, the appellant expands on their initial grounds of appeal. In support of their appeal, the appellant has provided the operators rejection letter and an image of the PCN.

Assessor supporting rational for decision
I am allowing this appeal, with my reasoning outlined below: In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. In order for the keeper to be liable for the parking charge, the operator has to follow the strict requirements of Schedule 4 POFA. In this instance, the operator has only provided a copy of the PCN that was issued to the vehicle. It has not provided a copy of the Notice to Keeper. Therefore, I am unable to determine if the operator has met the strict requirements of PFA. Accordingly, I must allow this appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these."

Many many thanks to all those who supported!