3. Parking Charge Notice - Spring Parking - on car
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Parking Charge Notice - Spring Parking - on car
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Hello,

The driver of a car parked the car on what he thought was a public road, no markings/lines to say that parking is not allowed. However upon returning a parking charge notice was attached to the window.

Details:

Observed Time: 05/03/2025 14:01
Date / Time of Issue: 05/03/2025 14:04

Location: Mill Parc, White Lodge Close, Isleworth, London TW7 6TH
Issue Reason: 13 - Not clearly displaying a valid permit

A parking charge of £95 is due within 28 days of the date of issue.

Here the location on google maps: it was parked where the red car is.
https://maps.app.goo.gl/h2F4o1xMibXrFsYC8

Before you get to this close there is a sign for time-restricted no motor vehicles zone (image attached). The driver arrived prior to the time stated on the signs. The parking charge notice appears to be from a private company though, Spring Parking and their sign is also attached.

Could one appeal this on the grounds that observed time and time of issue is less than 5 minutes and that the ticket from a private company was issued on a public road?

Many thanks for your feedback.

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Re: Parking Charge Notice - Spring Parking - on car
« Reply #1 on: »
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.
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #2 on: »
Here the ticket that was attached.

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Re: Parking Charge Notice - Spring Parking - on car
« Reply #3 on: »
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:

Quote
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]
« Last Edit: March 14, 2025, 03:21:47 pm by b789 »
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking Charge Notice - Spring Parking - on car
« Reply #4 on: »
Thank you so much for your detailed reply. I have put an alert in my calendar for Monday 31st and read up on the POFA sections you mentioned.

Again, many thanks.
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #5 on: »
Appeal went out today. Wish me luck.
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #6 on: »
We have received a response back from Spring Parking they rejected the appeal and provided the popla code. I would like to know the next steps. I presume I will now have to appeal to popla with the code given. There was a relevance of submitting appeal close to the deadline so that they do not contact DVLA for keeper details. I am not entirely sure about the relevance of this? Will this be useful in the popla appeal?

Many thanks for your assistance with this.



Date of this notice 3rd April 2025
 
Thank you for submitting your PCN appeal via email.
PCN Reference- 
Vehicle Registration-
POPLA Verification Code - 
Date and Time of Parking Event -05th March 2025 at 14:04
Location- Mill Parc, White Lodge Close, Isleworth, London, TW7 6TH

Thank you for your representation you made on receiving a Parking Charge Notice with the above reference number.
We have considered everything on your email including any evidence enclosed but do not feel that you have made grounds for cancelling the Parking Charge Notice and as such payment remains due.
Your vehicle was parked on our Client's Property which is Private Land, in a Permit Holders only car park, NOT CLEARLY DISPLAYING A VALID PERMIT.
Parking on site without a Permit when one is necessary, will be liable to a PCN.
More evidence can be viewed online by visiting http://www.sp.eparking.co.uk .
 
We are fully compliant with British Parking Association regulations on signage and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible, so the Parking Charge Notice is fully enforceable. There are adequate warning signs mounted prominently in the car park. It is the motorist's responsibility to ensure all signage is checked and understood before a vehicle is parked.
 
You have now reached the end of our internal appeals procedure and therefore you now have two options can pay or appeal -YOU MUST NOT DO BOTH.
 
If you have already made payment for your parking charge notice, please ignore the below:
 
1.   Pay the Parking Charge Notice online by visiting www.sp.eparking.co.uk  or by calling our 24-hour payment line on 0330 008 0454 or payment can be made by posting a cheque made payable to Spring Parking Ltd. and sent to the address below. Please quote your 'Parking Charge Notice' Number and your vehicle registration number on the reverse, if paid within 14 days of issue it will be at the reduced amount of £55.
 
2.   Make an appeal to POPLA within 28 days by going online and completing the form at www.popla.co.uk. Please note, should you decide to appeal to POPLA, and your appeal is subsequently rejected, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due of £95. Your POPLA reference number is

3.   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.
 
4.   PLEASE DO NOT MAKE A PAYMENT IF YOU WILL BE APPEALING THROUGH POPLA AS NO REFUNDS ARE GIVEN.
 
5.   If you do not make payment or submit an appeal to POPLA within the relevant time frame, 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.
 
6.   POPLA will NOT consider any cases where payment has been made.
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #7 on: »
Just to confirm... have you received a Notice to Keeper (NtK)?

Again, put this in your diary... Thursday 1st May. On that date you will submit your POPLA appeal. The POPLA code is valid for 33 days from the date of the appeal rejection.

In the meantime, start to put together your POPLA appeal based on the original appeal but you will need to flesh it out a little. You need to lead the assessor by the nose to the conclusions of wy you are not liable and why the NtD was not PoFA compliant.

When you have something to show us, put it up here for review before you send anything. There will be one more thing to add which I will tell you about just before you need to submit the POPLA appeal.

Have a search for other POPLA appeals on the forum so that you can get a feel for how it should be presented.
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #8 on: »
Thank you for your response. We have not received a notice to keeper.

I will have a look at other popla appeals in the meantime and put a reminder in my calendar.

Many thanks
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #9 on: »
Just a quick question. On the popla site it also says that the code is valid for 28 days? Should I not make my appeal by then so I won't risk it expiring?
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #10 on: »
It’s actually valid for something like 33 days. As @b789 said above.
EG https://www.ftla.uk/private-parking-tickets/euro-car-parks-vehicle-parked-without-valid-payment-transaction/msg63990/#msg63990
Quote
You initial appeal to ECP will be rejected no matter what is in it. However, with that rejection will be a POPLA code that will be valid for 33 days from the rejection date. It is at POPLA that your appeal will succeed.
« Last Edit: April 06, 2025, 02:28:52 pm by jfollows »
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #11 on: »
@b789, just to get clarity regarding the challenge as keeper to Spring Parking

Whether a NTD is complaint with PoFA or not does not affect whether the driver is liable for the parking charge. PoFA doesn't engage with this issue other than in the context of keeper/hirer liability. Therefore cancellation of the charge as such is not something which the keeper can demand unless in the context of driver liability. Therefore as I understand it, only the issues of signage impact on the charge.

Also, as I read PoFA the creditor must access keeper data from DVLA even when someone asserts, but without supporting proof, that they were the keeper on the relevant date. I don't understand the claim to the contrary in the challenge. Are there legal authorities on this point?

OP, their response is standard i.e. no-one has really considered what you submitted.

Anyway, IMO you're home and dry. They may not engage with POPLA as part of their 'arrangements for the resolution of disputes or complaints' without issuing a NTK, neither may they assert the 'Right to claim unpaid parking charges from keeper of vehicle'.

So, register with POPLA and get them to tell SP to go away. I don't see any benefit in delay.

Points:
The creditor has not issued a Notice to Keeper and therefore has not satisfied the precedent condition at para. 6(1)(a)[and therefore para. 4(2)] of Schedule 4 to the Protection of Freedoms Act 2012 to As such the assessor is obliged to uphold this appeal and direct the creditor that they do not have the 'Right to claim unpaid parking charges from keeper of vehicle'.

Supporting rationale:
Notice to Driver issued on ******;
Keeper engaged with the creditor's internal disputes resolution procedure by letter dated ****;
Creditor issued rejection dated **** in which they stated: 'You have now reached the end of our internal appeals procedure and therefore you now have two options can pay or appeal'.
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #12 on: »
Quote from: H C Andersen on April 06, 2025, 02:32:43 pm
Also, as I read PoFA the creditor must access keeper data from DVLA even when someone asserts, but without supporting proof, that they were the keeper on the relevant date. I don't understand the claim to the contrary in the challenge. Are there legal authorities on this point?
You are entirely correct that a parking company wishing to recover the charges from the keeper under Schedule 4 of PoFA must access the details from DVLA, even if they have already been provided by someone claiming to be the same.

But, if the Notice to Driver was not compliant with PoFA, then the PoFA-shaped ship has already sailed, so any subsequent request for details couldn't claim to be accessing the details for the purpose of holding the keeper liable under PoFA.

Whether a subsequent request for keeper data could be justified on the basis that they wanted to make sure the person claiming to be the keeper was indeed the keeper is another matter, but one that I would discourage being debated on this thread, as it would be hypothetical for now, and thus off-topic.

I think waiting to submit to POPLA is sensible to prevent any shenanigans by the parking company, whereby they hastily issue an NtK, which is the sort of thing POPLA might just be daft enough to fall for.
« Last Edit: April 06, 2025, 09:44:59 pm by DWMB2 »
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #13 on: »
Thanks.

Which is why I included what IMO is their position statement: 'you have reached the end...'.

IMO, they could not issue a NTK anyway and even if they did would be doomed by virtue of them already having closed-off their internal procedures.

I would engage with POPLA now.
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Re: Parking Charge Notice - Spring Parking - on car
« Reply #14 on: »
What material advantage is gained by appealing now as opposed to the later date suggested?

The potential material downside has already been articulated.
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