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Hi,
I received a parking ticket in post. The Driver was picking up child from a class. Driver was there under 30 mins didn't realise Driver would have to pay for such a short time.
Any advice would be appreciated.
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Read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post what you’ve received so we can see it for ourselves, please.
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Picture of ticket attached.
thank you
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3. Post the notice(s) you have received – as well as providing important context, the notices may contain/omit details that can be used to help you successfully fight the charge. Upload photos of any and all notices you have received from the parking company. You should show us all pages of the notice(s), remove personal details (name/address, PCN reference number, Vehicle Registration Mark), but show us all dates and times. Details that you think are trivial could help you win, so don’t leave anything out.
As per the above, we need to see both pages.
The guide also advises using a third party site to upload images where possible. -
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this link should hopefully work. If not ive attached it again. https://imgur.com/a/2gGtlRZ
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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:QuoteI 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. Gemini 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. Gemini have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN. -
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Thank you very much. Will get this sent off and let you know the outcome!
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And I imagine they will reject that appeal as will the IAS. You'd need to carefully explain which elements of POFA the PCN doesn't comply with and they almost definitely won't agree with you. That said wasnt that notice issued too late? 27th May to 9th June, 13 days plus 2 for delivery, exceeds the14 days. Would have thought spelling that out would be a stronger appeal?
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That said wasnt that notice issued too late? 27th May to 9th June, 13 days plus 2 for delivery, exceeds the14 days. Would have thought spelling that out would be a stronger appeal?
Not for the initial appeal. It is never worth wasting time and effort appealing when it will be rejected, no matter what is pleaded. As for the IAS appeal, again, not really worth the effort but I now use a template for IAS appeals, even if is only to cause the operator some effort requiring them to either pay a fee to the IAS or concede the appeal, respond to the appeal if they don't concede and to alert the IAS assessor that we know they are not really legally qualified solicitors or barristers if they cannot understand the basics of PoFA and contract law.
For reference, this is the bare bones of the generic IAS appeal and it can be tweaked where necessary:QuoteI am the registered keeper of the vehicle. I deny any liability for this parking charge and appeal in full.
The parking operator bears the burden of proof. It must establish that a contravention occurred, that a valid contract was formed between the operator and the driver, and that it has lawful authority to operate and issue Parking Charge Notices (PCNs) in its own name. I therefore require the operator to provide the following:1. Strict proof of clear, prominent, and adequate signage that was in place on the date in question, at the exact location of the alleged contravention. This must include a detailed site plan showing the placement of each sign and legible images of the signs in situ. The operator must demonstrate that signage was visible, legible, and compliant with the IPC Code of Practice that was valid at the time of the alleged contravention, including requirements relating to font size, positioning, and the communication of key terms.
2. Strict proof of a valid, contemporaneous contract or lease flowing from the landowner that authorises the operator to manage parking, issue PCNs, and pursue legal action in its own name. I refer the operator and the IAS assessor to Section 14 of the PPSCoP (Relationship with Landowner), which clearly sets out mandatory minimum requirements that must be evidenced before any parking charge may be issued on controlled land.
In particular, Section 14.1(a)–(j) requires the operator to have in place written confirmation from the landowner which includes:• the identity of the landowner,
• a boundary map of the land to be managed,
• applicable byelaws,
• the duration and scope of authority granted,
• detailed parking terms and conditions including any specific permissions or exemptions,
• the means of issuing PCNs,
• responsibility for obtaining planning and advertising consents,
• and the operator’s obligations and appeal procedure under the Code.
These requirements are not optional. They are a condition precedent to issuing a PCN and bringing any associated action. Accordingly, I put the operator to strict proof of compliance with the entirety of Section 14 of the PPSCoP. Any document that contains redactions must not obscure the above conditions. The document must also be dated and signed by identifiable persons, with evidence of their authority to act on behalf of the parties to the agreement. The operator must provide an agreement showing clear authorisation from the landowner for this specific site.
3. Strict proof that the enforcement mechanism (e.g. ANPR or manual patrol) is reliable, synchronised, maintained, and calibrated regularly. The operator must prove the vehicle was present for the full duration alleged and not simply momentarily on site, potentially within a permitted consideration or grace period as defined by the PPSCoP.
4. Strict proof that the Notice to Keeper complies with the Protection of Freedoms Act 2012 (PoFA), if the operator is attempting to rely on keeper liability. Any failure to comply with the mandatory wording or timelines in Schedule 4 of PoFA renders keeper liability unenforceable.
5. The IAS claims that its assessors are “qualified solicitors or barristers.” Yet there is no way to verify this. Decisions are unsigned, anonymised, and unpublished. There is no transparency, no register of assessors, and no way for a motorist to assess the legal credibility of the individual supposedly adjudicating their appeal. If the person reading this really is legally qualified, they will know that without strict proof of landowner authority (VCS v HMRC [2013] EWCA Civ 186), no claim can succeed. They will also know that clear and prominent signage is a prerequisite for contract formation (ParkingEye v Beavis [2015] UKSC 67), and that keeper liability under PoFA is only available where strict statutory conditions are met.
If the assessor chooses to overlook these legal requirements and accept vague assertions or redacted documents from the operator, that will speak for itself—and lend further weight to the growing concern that this appeals service is neither independent nor genuinely legally qualified.
In short, I dispute this charge in its entirety and require full evidence of compliance with the law, industry codes of practice, and basic contractual principles. -
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If the OP is going to bother with an IAS appeal then in this case I'd be minded to put the slight extra effort in to mention the dates and the relevant period... It's one of the only PoFA fails I've seen the IAS actually uphold.
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I agree, bit not in the initial appeal unless you really think they're going to do anything other than reject it.
For the IAS appeal, even if it is not included in the generic template, unless the operator concedes the appeal, they will have to provide a response and the detail can be raised then. -
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thank you for all your help. Looks like the first letter template worked. Have uploaded the link to their response.
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https://imgur.com/a/kBfRegq -
Winner x 2
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