When parking at Southwick Yard near Brighton I received a PCN for a unauthorised vehicle. The resident of the yard I was visiting had given me a visitors permit which I placed in the vehicle.
The vehicle is a leased business vehicle. GXS contacted the lease company who passed on my details as the hirer of the vehicle.
I appealed the charge providing a photo of the visitors pass and the details of the resident whom I was visiting. The appeal was rejected.
I have now been informed to either pay before 2nd March to receive a discounted rate or appeal again through ICS but doing so will forfeit the discounted rate. Evidence of the alleged offence and photos of signage in this link:
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Any guidance would be greatly appreciated.
Can we assume that the driver has therefore been identified?
The lease company gave my address as the hirer. This is the text from the email I received from them:
“We have contacted the issuing authority on your behalf and have asked them to send the fine direct to you, at the 'hirer' address listed above. This is because in your leasing contract you are responsible for either paying the fine/penalty amount or appealing upon receipt from the authority.”
Although the lease company did not pass on my name, they did provide my address.
In addition in order to complete the appeal process I was required to provide my name and email address.
You can not reply to the notice you posted because it is not addressed to you.
You need to wait for a Notice to Hirer addressed to you, and when you receive it post it here plus tell us what other documents (if any) are sent with it.
At no point, as already said, should you identify the driver. You are the hirer. You may have already done so. What did you say in your “appeal”? You did not answer the question asked by @InterCity125.
It's also worth noting at this point that this is not a fine or a penalty - hopefully the lease company are not charging you extra for the passing on of the information?
Thank you for your replies.
Initially I received an email from the leasing company telling me a penalty charge had been issued. The email had attached a document headed the Parking Charge - Notice to Keeper. This document explained the alleged offence and detailed the following:
“The driver of the above vehicle is liable for a Parking Charge in the above amount which, at the date of this notice, remains unpaid in full and for which the Balance Due remains outstanding.
This charge relates to the period of parking specified above, the charge having been incurred for the reason stated and liability for the same having been brought to the attention of the driver by clear signage in and around the Site at the time of parking.
Payment is now required in the sum of £100. However, if payment is received within 14 days of this notice then a reduced amount of £60 will be accepted in full and final settlement.
We, the above named company, are the creditor. You have been named as the keeper of the vehicle at the time the PCN was issued.
YOU ARE NOW INVITED TO:
(1) Pay the unpaid Parking Charge:
(i) If you were not the driver of the vehicle, to notify us (in writing using the form attached) of the name of the driver and a current
address for service for the driver AND pass this Notice on to the driver
Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice i s given and the creditor does not know the name/address o f the driver. Then the operator will have the right to recovery from the keeper.”
The lease company did pass on the notice via email (and charged me an admin fee for doing so)
I then used the link in the document to appeal the fine providing my name and address. I cannot remember the exact wording of the appeal web page as to whether I was asked for my name as the person appealing or as the driver.
My appeal statement read:
“Please find attached a picture of the visitors pass that was given to me to display in the vehicle when it was parked at Riverside Yard. I am sorry your operative did not see it. If you need confirmation that this pass was on display please contact the resident I was visiting. His details are:Mr xxxxx Riverside Yard Southwick Brighton BN42 4AW
We will respond within 28 days of your last contact with us.”
I then received an email stating the appeal had been rejected. The appeal rejection stated:
“Following your letter of Appeal received on 04/02/2026 for the contravention at site Riverside Yard on 17/01/2026 11:54:53 for
Parking Charge Number 155169 a decision has been taken to decline your Appeal.
The vehicle concerned was observed parked unauthorised to do so, The signage on site including two you must pass either
side of the entrance to the site, clearly state the terms and conditions of parking, by continuing to park, the driver is deemed
to have accepted the terms and conditions displayed on the signage accordingly.
If you believe this decision is incorrect, you are entitled to appeal to the independent appeals service (IAS). In order to appeal
you will need your Parking charge number and your vehicle registration. Appeals must be submitted to the IAS within 28 days
of the date of this letter.
If you appeal to the IAS, you forfeit the right to pay the reduced amount.
Please note the reduced charge of £60 must be paid by 02/03/2026 If after 28 days the charge remains unpaid and an appeal
to the IAS has not been submitted, a Final Demand will be issued, this will incur an additional charge of £70.”
As to date I have received no correspondence through the post. Everything has been via email.
If you did not identify the driver in your earlier appeal, then you can respond to the Notice to Hirer when you receive it. Essentially it will not comply with the legislation to transfer the liability from the unknown driver to the hirer.
It will not comply because they never do.
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
covers their requirements. Sections 13 & 14.
But you probably jumped the gun with your appeal. You may be able to defend the subsequent court claim on the basis of non-compliance with PoFA 2012 if you did not identify the driver.