Author Topic: Notice To Keeper for Vehicle Parked on yellow lines/hatched area - Request for Advice  (Read 262 times)

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All images, listed below, can be viewed via the following link

I, recently, received a Notice To Keeper for a vehicle parked on yellow lines/hatched area. (Images Car Parking 1, 2 and 3)

The alleged breach of contract took place at the Broadwalk Centre, Edgware,
Station Road, HA8 7BD on 20/03/2026 at 10:57:46.

The Notice To Keeper was issued on the 25/03/2026 (see images Notice To Keeper Front and Back).

A Notice To Keeper Reminder, demanding full payment, was issued on the 08/04/2026 (see images Notice To Keeper Reminder Front and Back).

I am the registered keeper of the vehicle.

I intend to appeal this parking charge on the following grounds:

1. The Notice to Keeper was not served within 14 days of the alleged breach of contract to allow liability transfer to the driver.
The alleged breach occurred on the 20/03/2026, the Notice To Keeper was issued on the 25/03/2026, but I only received it,
in the post, on the 09/04/2026 (see image Notice To Keeper Front).

2. The company - UKPC - alleging the breach of contract failed to comply with the British Parking Association's Code of Practise.
The Private Parking Sector Single Code of Practise states that for a premises which holds more than 500 parking spaces a minimum
consideration period of 10 minutes be must given before a parking charge can be issued (see Annex B pages 34-36 and images Parking Code
Annex B 34, 35 and 36). The visit to the Broadwalk Centre began at 10:49 and the alleged breech of contract occurred at 10:57 - 2 minutes
before the consideration period ended. Compare the time on the Entry Ticket with the time of the alleged breach of contract on the Notice To Keeper -
see images Entry Ticket and Notice To Keeper Front.

The link to the full code of practise is provided below.
https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

3. There was no opportunity to pay the reduced parking charge of £60 since the 14 day window to do so had already passed
when the Notice to Keeper was received, in the post, on the 09/04/2026.

4. The terms and conditions displayed on the parking signage are ambiguous. Next to the statement 'No parking on yellow lines
or in an area with Hatched markings' a pictorial representation of yellow lines is displayed, but no representation of hatch markings
is shown. It is, therefore, not clear what exactly constitutes a breach of contract with regard to hatch markings (see images Sign and Terms and Conditions).

Please can you advise me on this and let me know if you need any further information.

Kind regards

John
« Last Edit: April 13, 2026, 11:49:30 am by taylorjohn21 »

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An adjunct to point 3.

3. There was no opportunity to pay the reduced parking charge of £60 since the 14 day window to do so had
already passed when the Notice to Keeper was received. I received The Notice to Keeper on the 09/04/2026
the day after the Notice To Keeper Final Reminder, demanding full payment, had already been issued on the
08/04/2026 (see image Notice To Keeper Reminder Front) .

Below is the draft of the appeal I intend to send to the car parking company - I decided not to include point 4.


Dear Sir or Madam,

Re: Parking Charge Notice number []

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement,
and there will be no admission as to who was driving and no assumptions can be drawn.

1. The Notice to Keeper was not served within 14 days of the alleged breach of contract to allow liability transfer to the driver.

The alleged breach of contract was recorded on 20/03/2026, the Notice To Keeper was issued on 25/03/2026, but only delivered,
by post, on 09/04/2026.

2. UKPC failed to comply with the British Parking Association's Code of Practice.

The Private Parking Sector Single Code of Practice states that for a premises which holds more than 500 parking spaces a minimum
consideration period of 10 minutes be must given before a parking charge can be issued (see Annex B pages 34-36). The vehicle
entered the Broadwalk Centre at 10:49, while the Notice to Keeper states the alleged breach of contract occurred at 10:57.
This is 2 minutes before the end of the minimum consideration period.

3. There was no opportunity to pay the reduced parking charge of £60 since the 14 day window to do so had
already passed when the Notice to Keeper was delivered.

As stated in paragraph 1, the Notice to Keeper was delivered by post on 09/04/2026. This is after the Notice To Keeper
Final Reminder, demanding full payment, had been issued on 08/04/2026.

Yours sincerely


John Taylor

That should do for an initial appeal. I think it's sensible to leave out point 4 - it'd be a tough sell.

There’s nothing to stop you using your point 1, of course, but the notice was deemed to be delivered on 27 March, the sender can not be responsible for delays in the postal service.

the sender can not be responsible for delays in the postal service.
@jfollows that's not quite true. The requirement under PoFA is to ensure that a notice is delivered within 14 days. If they choose to deliver it by post, and it arrives late then in theory that is their problem. The difficulty in practice is proving any delays.

Thank you for your advice. I will submit the appeal and let you know what happens.

I received this reply after submitting my appeal - please can you advise on how I should respond.
The parking firm has ignored the grounds for my appeal.
They have asked me to provide the name of the driver, which I am, legally, not obliged to do at this stage.
I have seven days to reply.

Regards

John

Quote
Dear,

Thank you for your recent correspondence in relation to parking charge reference

To assist us in making a decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven days of the date of this letter.

Schedule 4 of the Protection of Freedoms Act 2012 discusses the recovery of unpaid parking charges. It allows parking operators to hold the registered keeper liable to pay unpaid parking charges if the operator has not been provided the name and a serviceable address of the driver.

This information may be confirmed by submitting another appeal on our website at www.ukpcappeals.co.uk, or by post to the address overleaf. Please ensure that if writing to us by post that you include the parking charge reference number and vehicle registration.

Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided.

The parking charge has been placed on hold whilst under appeal and may be settled in full at the current PCN rate of £100.00.

Yours sincerely,
« Last Edit: April 23, 2026, 11:41:11 am by taylorjohn21 »

Don’t reply.
It’s a fishing exercise trying to get you to identify the driver.
If you feel a need to reply, search the forum for examples.
Your appeal will be rejected and a POPLA code supplied in either case.

As advised by jfollows I did not reply to the previous letter from the parking company asking me to provide details of the driver.

The parking company has now sent me a letter rejecting my appeal - they state the parking charge was issued correctly,
without responding to any of the points I raised.

Below is the text of the letter I received.

Quote

Dear Mr John Taylor,

We have previously written to you regarding the above parking charge, requesting more information so we may reach a final
decision for your appeal. As we have not received any further correspondence, the appeals process is complete and our view
is that the parking charge has been correctly issued.

Our appeals process is now concluded, you may now choose one of the following options:

1) Pay the parking charge detailed above at the reduced rate of £60.00 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FOR
PAYMENT OPTIONS AND ADDRESS DETAILS.

2) Make an appeal to the independent adjudicator POPLA (Parking on Private Land Appeals) using the verification code provided above.
Please note that if you wish to appeal to POPLA, you will lose the right to pay the discounted rate of £60.00, and should POPLA reject
your appeal you will be required to pay the full amount of £100.00. If you opt to pay the parking charge you will be unable to appeal
with POPLA. Appeals to POPLA must be made within twenty-eight days from the date of this letter. To appeal with POPLA, please visit
www.popla.co.uk. If you are unable to access the internet, you may appeal by post – this must be done using a POPLA postal form
which may be obtained by contacting POPLA by phone (0330 159 6126) or post (PO Box 1270, Warrington, WA4 9RL).
---

3) If you choose to do nothing the parking charge will automatically increase after thirty-five days from the date of this letter to
£100.00 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £70,
in accordance with the terms and conditions of parking, and further charges will be claimed if court action is taken against you. Any
unpaid court judgement may adversely affect your credit rating.

Yours Sincerely,


They have given me the option to pay the reduced parking charge of £60.00, but state that if I appeal their decision
and lose the appeal, then the full parking charge of £100 will be due. I note that in their two previous correspondence
-  the Notice To Keeper Reminder and the letter asking for the details of the driver - they demanded full payment of the parking charge.

Do I have a reasonable chance of winning if I go to POPLA, based on the points I raised in my appeal to the parking company
(see above post from April 16, 2026, 10:58:04 am)?

I believe points 1) and 2) are still valid, but Point 3) may no longer be so as the parking company has now offered me a reduced parking charge of £60.

However, I wonder whether the offer of a reduced parking charge of £60.00 could also be considered an admission, on the parking company's part,
that I did not have the opportunity to pay the reduced parking charge, indicated in the Notice To Keeper, because the delay in delivery meant the
14 day window to do so had already passed when I received it?

Please let me know what you think?

Thank you

John Taylor
« Last Edit: May 21, 2026, 01:51:07 pm by taylorjohn21 »

Following the rejection of my appeal by the car park company I have decided to go to POPLA.

Below is the text I intend to send - the documents quoted, below, can be found in the image link on the first
post submitted for this thread.

Please tell me what you think?

Quote
I am appealing the parking charge as I believe it was issued incorrectly, on the following grounds listed below.

Please note there will be no admission as to who was driving and no assumptions can be drawn.

1. The Notice to Keeper was not served within 14 days of the alleged breach of contract to allow liability transfer to the driver.
The alleged breach of contract was recorded on 20/03/2026, the Notice To Keeper was issued on 25/03/2026, but only delivered,
by post, on 09/04/2026.

2. UKPC failed to comply with the British Parking Association's Code of Practice.

The Private Parking Sector Single Code of Practice states that for a premises which holds more than 500 parking spaces a minimum
consideration period of 10 minutes be must given before a parking charge can be issued (see Annex B pages 34-36). The vehicle
entered the Edgware Broadwalk Centre at 10:49, while the Notice to Keeper states the alleged breach of contract occurred at 10:57.
This is 2 minutes before the end of the minimum consideration period.

3. There was no opportunity to pay the reduced parking charge of £60 since the 14 day window to do so had
already passed when the Notice to Keeper was delivered.
As stated in point 1, the Notice to Keeper was delivered by post on 09/04/2026. This is after the Notice To Keeper
Final Reminder, demanding full payment of £100, had been issued on 08/04/2026.

The following documents have been submitted in support of the appeal.

1) The Notice To Keeper
2) The Car Park Entry Ticket
3) The Notice To Keeper Final Reminder

Yours sincerely


John Taylor