Free Traffic Legal Advice

Show us the Notice to Driver (NtD) that was affixed to the vehicle. Both sides please. You only need to redact your VRM and the PCN number. Make sure everything else remains visible.

The sign you showed with the time restrictions has nothing to do with where you parked. However, there do not appear to be any signs notifying the driver that they are entering private land with parking terms and conditions. The latest images from GSV are only from 2022 but the Spring Parking signs were already in place at that time.

The Notice to Driver (NTD), is not PoFA compliant in several areas. The NtD does not identify the creditor. Is the creditor Spring Parking or is it the landowner? This is a breach of PoFA 7(2)(e). Also, it does not state the period of parking. It only states the observation time as a single moment which means that they have not complied with PoFA 7(2)(a). Even if they were to argue that there is a "period" between the observation time and the issue time (3 minutes) that is still insufficient to prove any contravention as there is a minimum consideration period required for the driver to be able to seek out, read and process the terms and conditions before deciding whether to remain or leave. There a re other PoFA failures but those are the two obvious ones that jump out.

The Parking Charge Notice (PCN), issued as an NtD does not comply with PoFA and so the Keeper cannot be liable. They have no idea who the driver is and the Keeper is not obliged to identify the driver to an unregulated private parking company. Until they apply to the DVLA for the Keepers details, they do not know anything.

This requires a tactical approach. Do not appeal until day 26 or 27. So, on Monday 31st March, you send the following appeal to Spring Parking as an email to appeals@springparking.co.uk and CC in yourself:

Subject: Appeal Against Parking Charge Notice [PCN Reference]

Dear Spring Parking,

I am the Registered Keeper of vehicle [VEHICLE REGISTRATION] and I am appealing this Parking Charge Notice (PCN) on the following grounds:

1. Keeper Details Provided – You Must Not Request DVLA Data

The Notice to Driver (NtD) was passed to me by the driver, and I am now submitting this appeal as the Keeper. I am providing my details as the Registered Keeper:

[YOUR NAME]
[YOUR ADDRESS]

Since you now have my details, you must not request my data from the DVLA.

- Any such request would be a breach of the UK GDPR and Data Protection Act 2018, as you would be processing my data without a lawful basis.
- It would also be a misuse of the DVLA KADOE system, which only allows Keeper data requests when necessary.

If you proceed with a DVLA request, I will report you to the DVLA and the ICO (Information Commissioner’s Office) for data protection violations.

2. The NtD Fails to Comply with PoFA – Keeper Cannot Be Held Liable

Your Notice to Driver (NtD) does not comply with the requirements of the Protection of Freedoms Act 2012 (PoFA), Schedule 4. Because of these failures, you cannot transfer liability to me as the Keeper.

No Period of Parking Stated

- Your NtD lists an "observation time" of 14:01 and an "issue time" of 14:04, but does not specify a clear period of parking, as required under PoFA Schedule 4, Paragraph 7(2)(a).

A 3-minute duration is within the minimum consideration period required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP). You have provided no evidence that the vehicle was stopped for longer than the minimum consideration period needed to seek out, read, and understand any signage that contained any terms and conditions of parking at the location.

Failure to Identify the Creditor

Your NtD does not state who the actual creditor is, as required by PoFA Schedule 4, Paragraph 7(2)(e). The creditor is not necessarily Spring Parking, and without identification, liability cannot be transferred to the Keeper.

Since your NtD does not meet the legal requirements of PoFA, I, as the Keeper, am not liable for this charge.

3. No Contract Formed – Inadequate and Non-Compliant Signage

The alleged contravention is "not clearly displaying a valid permit", but:

- There is no entrance sign at the location to indicate that drivers are entering controlled private land subject to contractual parking terms.
- This location is not a car park, but a residential street with no ground markings, making it unclear that any restrictions apply.

Without clear entrance signage and properly displayed terms, no contract can be formed, making this charge unenforceable. It is also a breach of the PPSCoP section 3.1.1 not to display an entrance sign that informs drivers that they are entering controlled land. I remind you that a breach of the PSCoP also invalidates your KADOE contract with the DVLA and will be reported for investigation, irrespective of the outcome of this appeal.

4. Immediate Cancellation Required

Since your NtD is non-compliant with PoFA, the signage does not form a legally enforceable contract, and you must not request my data from the DVLA, I require that this charge be cancelled immediately.

If you reject this appeal, you must provide:

- A POPLA appeal code.
- A full explanation of why you believe Keeper liability applies despite the clear PoFA failures.

I expect your response within the timeframe set by your trade association’s Code of Practice.

Yours sincerely,

[YOUR NAME]
Registered Keeper of [VEHICLE REGISTRATION]