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Hi,


What can I appeal for this?




i think this was delivered around mon 19th but i think the notice is within the 14 day period as well if im not mistaken

date of incident 3/1
date of sending 14/1

can i appeal as:

strict proof of the date of actual sending based on the requirements of section 8.1.2(e) Note 2 of the PPSCoP which states:

Quote
The parking operator must ensure that a notice informs the recipient: that if the recipient appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made must stand for a further 14 days from the date (subject to 8.1.2d) they receive notification that their appeal has been rejected;

NOTE 1: Where the 14 days to pay was at the reduced rate a further 14 days should be offered to make payment at the full rate.
NOTE 2: A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose, “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. Therefore, parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system.)

1. Failure to Specify the "Relevant Land" The Notice to Keeper (NTK) identifies the location of the alleged contravention as "Epsom High Street." However, the car park in question is not located on High Street; both the entrance and exit are situated on Station Approach. Under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), a notice must accurately specify the "relevant land" on which the vehicle was parked. By providing an incorrect location, NCP has failed to meet the strict requirements of PoFA 2012, and therefore cannot transfer liability for this charge to me, the registered keeper.

2. Non-Compliance with PoFA 2012 (Delivery Date) Furthermore, I challenge the validity of this notice regarding the timeline of service. For a notice to be PoFA-compliant where no ticket was fixed to the vehicle, it must be delivered to the keeper within 14 days of the incident. Given the date of the incident (03/01/2026) and the date of sending (14/01/2026), the notice did not arrive within the statutory 14-day window. This constitutes a further failure to meet the requirements necessary to invoke keeper liability.

3. Consideration Period and Lack of Contract The evidence provided shows a total stay of only 14 minutes. According to the BPA Code of Practice, operators must allow a sufficient "consideration period" for a driver to enter a car park, find a parking space, and read the terms and conditions on the signage to decide whether to stay. A 14-minute window is entirely consistent with a driver entering the site, finding the terms unacceptable or the site unsuitable, and subsequently exiting. No contract was ever entered into, and no parking "breach" occurred.

As NCP has failed to comply with the requirements of PoFA 2012 and the BPA Code of Practice, I request that this charge be cancelled immediately.

should i remove point 2 ?

Point 3 is rather weak as well, the joint code states the minimum consideration period is 5 minutes. Is the car park multi storey? I think arguing 14 minutes is a reasonable consideration period is pushing it unless its a multi level underground car park. I very much doubt 5hat would sway NCP in an initial appeal.

Why was the driver only in the car park for 14 minutes, could they genuinely not find a space?