Free Traffic Legal Advice

Hi all,

Posting on behalf of a friend who received a Parking Charge Notice (PCN) from APCOA Parking after visiting Epping Tesco (site 2469) on 4th April 2025.

The PCN claims the driver either overstayed the 3-hour free limit or failed to validate their parking — but here’s what actually happened:
• The maximum stay was 3 hours, and my friend ended up staying just over 4 hours.
• They attempted to validate the parking inside Tesco, but the validation machine was not working at the time — there was no alternative method provided or clear instructions on what to do when the machine is out of service.
• They’ve now received a charge of £70, or £40 if paid within 14 days.

The PCN vaguely lists “Overstay above allowed period OR failure to validate parking,” which doesn’t take into account the fact that the machine was broken, leaving drivers without a way to comply with the process.

Has anyone else had a similar experience at this location (or with APCOA in general), especially when the validating equipment wasn’t functioning?

My friend is planning to appeal on the following grounds:
1. The validating machine was out of order, so it was impossible to validate the parking.
2. No visible alternative was provided.
3. The signage did not offer a contingency for this scenario.

Any advice on what to include in the appeal or tips from people who have successfully challenged a similar PCN would be really helpful.

Thanks!

That's correct -

That is my friend's limited company, from which he has leased the car...

I have drafted the following email - This ok to send?


APCOA Parking (UK) Ltd
PO Box 1010
Middlesex
UB8 9NT

Dear Sir/Madam,

Re: Notice to Hirer – PCN Ref:

I am writing in response to the Notice to Hirer recently issued to me regarding the above-referenced Parking Charge Notice.
As the registered Hirer of the vehicle, I must formally appeal this charge on the grounds that:

1. The Notice to Keeper is non-compliant with the Protection of Freedoms Act 2012 (PoFA)
Since the original Notice to Keeper issued to the lease company is not PoFA-compliant, liability cannot be transferred to the Keeper. Consequently, as APCOA has failed to comply with the strict conditions set out under Schedule 4 of PoFA, you are unable to hold the Keeper, and by extension the Hirer, liable.

2. No driver has been identified
As the Hirer, I am under no legal obligation to identify the driver of the vehicle at the time of the alleged incident. APCOA has no evidence of who was driving, and any assumption in this regard is unfounded. Therefore, liability cannot be established.

3. No contract formed
Without proper PoFA compliance and without knowing the identity of the driver, APCOA cannot demonstrate that a valid contract was formed between the driver and your company.

Accordingly, I request that this Parking Charge Notice be cancelled with immediate effect. Any further attempt to pursue this charge would be inappropriate and without legal merit.

Should you reject this appeal, I expect to be provided with a valid POPLA code so I may escalate this matter to independent adjudication.

Yours faithfully,

Yes, I am sorry that's correct - He will be waiting for that letter to come through and then i'll get back to you all - Many Thanks

Correct, he is not the keeper. But they have since received a positive response — another win for the tourist!!!

Thank you again @DWMB2 - Absolute legend!