Author Topic: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.  (Read 3222 times)

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I am the registered keeper of the vehicle, I received this NTK as you can see attached. The driver seems to have parked the car in the car park and went into the shops. It looks to me that the red car parked next to my vehicle is also over the bay marking. This could have therefore forced the driver to park awkwardly and not within the markings. This can be seen in the pics attached.

Google maps link to parking location:
https://maps.app.goo.gl/Zc8V2vWZtLWTnkQb8?g_st=ac

Parking charge date is 06/08/25. Please advise on next steps to appeal.
Thank you.

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Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #1 on: »
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:

Quote
I 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. UKPC 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. UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Come back when the initial appeal is rejected for your POPLA appeal. The NtK does not comply with PoFA 9(2)(a) as there is no period of parking specified.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #2 on: »
Thank you. I will send the appeal as written above and get back once I've received a response. Much appreciated.

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #3 on: »
The initial appeal was rejected as expected. And now need to appeal to POPLA. Please advise on next steps. Thank you.

And I can't see attachments option to add a picture of response letter for some reason.

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #4 on: »
If you scroll to the top of the private parking forum there's a post called "READ THIS FIRST" that includes a guide to attaching images.

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #5 on: »
Please see rejection response letter to initial appeal below. Please advise on appeal to POPLA.

https://imgur.com/a/OJABczS

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #6 on: »
So do a search of the forum for any recent POPLA appeals and put one together and show it before you send it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #7 on: »
I don't have any experience in doing a POPLA appeal and did a search but couldn't find anything similar to mine. Any chance you can help me with a draft or show me one I can use please. Thank you.

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #8 on: »
Is anyone able to help me put together a POPLA appeal for the above case. Thanks. Will be much appreciated

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #9 on: »
We are unable to write a POPLA appeal from scratch for you, but if you can draft something we can work with that.

UKPC are one of the most prolific parking companies that we deal with here, "not parked within a marked bay" is a common reason for PCNs, and the PoFA fail already mentioned by b789 is particularly common, so searching for these should yield plenty of results.

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #10 on: »
Please see the following POPLA appeal draft and suggest any amendments or additions to make. Thanks. Much appreciated.

Appeal Draft:

The appeal is based on the following grounds:
1. UKPC’s Notice to Keeper (NtK) Fails to Comply with the Protection of Freedoms Act 2012 (PoFA)

2. No Presumption That the Keeper Was the Driver.
____

1. UKPC’s Notice to Keeper (NtK) Fails to Comply with the Protection of Freedoms Act 2012 (PoFA)

• UKPC has not met the statutory requirements under Schedule 4, Paragraph 9(2)(a) of the Protection of Freedoms Act 2012 (PoFA).

• The NtK issued only states that the vehicle was observed at 19:23, which is a single moment in time, not a period of parking.

• Case law in Brennan v Premier Parking Solutions (2023) [H6DP632H] confirms that PoFA requires a defined period of parking, and a mere timestamp does not satisfy this requirement.

• Since UKPC has failed to comply with PoFA, Keeper liability does not apply, and they can only pursue the driver, whom they have not identified.

Accordingly, POPLA must rule that the PCN is unenforceable against the Keeper.

2. No Presumption That the Keeper Was the Driver

• UKPC has made no attempt to identify the driver and is attempting to hold the Registered Keeper liable without meeting PoFA compliance.

• In VCS v Edward (2023) [H0KF6C9CC], the court reaffirmed that there is no presumption in law that the Keeper was the driver.

• The Registered Keeper has exercised their right not to name the driver, and no adverse inference can be drawn.

As UKPC has not identified the driver, and the Keeper is not liable under PoFA, the PCN must be cancelled.

In conclusion, the PCN issued by UKPC is fundamentally flawed on legal and evidential grounds. The NtK fails to comply with PoFA due to the absence of a “period of parking,” making Keeper liability impossible. And there is no presumption that the Keeper was the driver, and UKPC has not identified the driver.

Given these significant deficiencies, I request that POPLA allow this appeal and cancel the PCN in its entirety.

Signed,

[Registered Keeper's Name]

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #11 on: »
Is anyone available to look over the above POPLA appeal and recommend any amendments needed. I will need to submit it soon. Thanks

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #12 on: »
Although the letter says you have 28 days, actually you have 33.

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #13 on: »
Why does NTK not comply with pofa? I'm confused

Re: NTK from UKPC for not parking within Bay marking. Beckton Retail Park.
« Reply #14 on: »
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
Quote
A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;