Free Traffic Legal Advice

You can try with this for starters:

Possibly able to defeat... 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, whilst mostly compliant with, but not all the requirements of PoFA, 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:

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

No guarantees as the NtK is mostly compliant with PoFA but you have to give it a go. They'll reject anyway but you then have a second chance with POPLA and you can throw in argument like poor signage and put them to strict proof that they have a valid contract flowing from the landowner that allows then to issue PCNs inter own name.

No need to rush and you may want to drag this out to after Xmas, as long as you email the appeal by the deadline/

If you can evidence paying, then of course you use that. You say you purchased 30 min parking. The PCN says you were on site 40 min. You weren't parked for 40 min and you should have a 10 min grace period.

There's no advantage to appealing early - if you can find a ticket that demonstrates parking was paid for for the whole duration of the stay, we can incorporate this into an appeal. If not, make sure you don't miss the appeal deadline and if you can't find it, the appeal template suggested will at least buy some time.

I still havent found the ticket, Im 99% sure I got one, you even have to type in your reg on the machine, surely thats on their system?

"Dear Mx" was on the letter wasnt my mistake....


Here is there response

PCN REFERENCE NUMBER:
POPLA CODE:
DATE OF PARKING EVENT: 22nd November 2024


PAYMENT DUE DATE: 1st January 2025
TOTAL AMOUNT DUE: £60.00

Dear Mx 

Thank you for your appeal against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;

Whilst we note the comments and reason for appeal, we can confirm that the vehicle remained on site for 40 minutes with no payment or permit made to authorise your stay. We must advise that this car park is run by Automatic Number Plate Recognition (ANPR) cameras which take a time date stamped image of the vehicle on entry and exit, measuring the length of time the vehicle remained on site, this information is then cross-referenced with the data from the payment services & permit systems. Due to no payment or permit being found, we can confirm that this PCN has been issued correctly.

You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:

You can pay the total amount due as shown above via the following payment options;
o Call us on: 01302 513232
o Pay online: www.pcnpayments.com
o Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1 9JG

Or, you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA reference code provided above. Please note, should you decide to appeal to POPLA and your appeal is subsequently rejected or you withdraw your appeal, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due. Please note, if you pay the PCN prior to appealing to POPLA, your appeal will be withdrawn as you will have accepted liability in full.

If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk where further details of how to appeal (either online or by downloading the relevant forms) can be found. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure your POPLA Reference Number, as noted above, is quoted on all correspondence to POPLA. You have 28 days from the date of this email to submit an appeal to POPLA. If you appeal to POPLA we will suspend recovery activity on the PCN and the charge will not increase until the appeal has been determined.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to our appointed debt collection agency for further action. All costs associated with this process will be added to the amount outstanding.


Premier Park Ltd. PO Box 624, Exeter, Devon, EX1 9JG

Many thanks again

You have 33 days from the appeal rejection date (28 days from service) to submit a POPLA appeal. You can do a search on the forum for POPLA appeals and see what comes up.

Just show us what you think you should put in your POPLA appeal and we'll advise accordingly. Remember that POPLA will not consider mitigation, only the law and the Code of Practice.

I think this was my response as I found saved in my phone, Thanks