Free Traffic Legal Advice

Subject: Formal complaint and appeal – Final Demand – ANPR “No Payment” – Swansea University Bay Campus

Vehicle registration: [VRM]
Your reference: [PCN/Reference number]

Dear Sir or Madam,

I write as the registered keeper. This is a formal complaint about your handling of this Parking Charge and must also be treated as an appeal by the keeper in accordance with the Private Parking Single Code of Practice (PPSCoP). If you refuse this complaint/appeal, you must issue a POPLA verification code.

Background

The first and only correspondence I have received from Total Parking Solutions (TPS) is a “Final Demand” sent to my previous address. Royal Mail redirection / neighbour forwarding arrangements meant it has only recently reached me. I have not received any original Notice to Keeper (NtK) for this matter.

The Final Demand asserts that full details of how to appeal are on the reverse, but there are no appeal details whatsoever. This is misleading and contrary to the PPSCoP requirement for clear information about complaints and appeals and signposting to the independent appeals service.

Address for service and data rectification

You have obtained and used an outdated address for me. My correct address for service is:

[Full current postal address]

You are required to update your records accordingly. Any other address data you hold for me must be erased. I require written confirmation that my correct address is now recorded as the sole address for service and that all outdated address data has been deleted.

Keeper liability and PoFA 2012

Your own correspondence confirms that the alleged contravention occurred on 16 October 2025 and that the NtK was “sent” on 30 October 2025. Under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), where ANPR is used and no Notice to Driver was affixed to the vehicle, a Notice to Keeper must be delivered within the “relevant period” of 14 days beginning with the day after the specified period of parking.

A notice “sent” on 30 October 2025 cannot have been “given” (delivered) within that 14 day period. Even on a best case assumption of first class post, service would be deemed at least two working days after posting. That is well outside the strict statutory deadline.

As a result, you cannot rely on PoFA to transfer liability from the unknown driver to me as the Keeper. There is no legal obligation upon me to identify the driver and I will not be doing so. The only potentially liable party is the driver, who remains unknown to you.

For the avoidance of doubt, I do not admit to being the driver and you must not infer that I was. Any suggestion that I am liable as Keeper is misconceived and must be withdrawn.

No parking, no contract and inadequate signage

According to the Final Demand, the vehicle entered a private road within Swansea University Bay Campus and left approximately 40 minutes later. The driver did not park in a marked bay. The only sign visible prior to passing the ANPR camera is the sign already provided to you in electronic form. That sign does not contain any clear contractual offer, does not state the terms, tariffs, or any parking charge, and does not reasonably communicate that merely driving on the private road would incur a charge.

The PPSCoP requires that entrance signs and other signage must clearly set out the key terms and the parking charge in a manner that is prominent, legible and visible prior to any parking or decision to remain on the land. In this case, your signage does not meet that standard and no contract could have been formed merely by traversing a private road. The driver was not given a fair opportunity to read, understand and accept any terms before being subjected to your ANPR enforcement.

Procedural and PPSCoP breaches

Your conduct in this case falls below the standards required by the PPSCoP for several reasons:

1. You failed to deliver a PoFA-compliant NtK within the statutory 14 day period, yet you continue to assert keeper liability.
2. You used an outdated address for service and failed to take reasonable steps to ensure that correspondence was sent to the correct address.
3. The Final Demand misleadingly states that appeal information is on the reverse when in fact there is none, depriving the recipient of clear information about their right to complain and appeal.
4. You have not previously provided the registered keeper with a meaningful opportunity to appeal within 28 days of a NtK being served.
5. Your signage does not meet the PPSCoP standards for clarity, prominence and transparency.

Required outcome

In light of the above, I require the following:

1. Written confirmation that my address for service has been updated to the address stated above and that all outdated address data has been erased.
2. Immediate cancellation of this Parking Charge on the basis that:
   a. There is no keeper liability under PoFA; and
   b. No contract was formed with the driver due to inadequate signage and the fact that the vehicle did not park; and
   c. Your handling of this matter has breached the PPSCoP’s requirements for fair, transparent and accurate communication.
3. In the alternative, if you unreasonably refuse to cancel, you must:
   a. Treat this complaint as a formal appeal by the keeper; and
   b. Issue a rejection letter that addresses each of the points raised above; and
   c. Provide a valid POPLA verification code so that I can refer the matter to independent adjudication.

While this complaint/appeal is being considered, you must place the case on hold and must not instruct any debt collection agents or commence court proceedings. Any escalation while a complaint or appeal is outstanding would be a further breach of the PPSCoP and would be raised with the British Parking Association, the DVLA and my elected representatives.

If you fail to cancel this charge or to provide a POPLA code in the event of rejection, I will treat that as a serious breach of the PPSCoP and will escalate it accordingly.

I look forward to your prompt written response.

Yours faithfully,

[Name of registered keeper]
[Date]