3. Parking Fine - Private Land Leeds
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Parking Fine - Private Land Leeds
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Hello,
I received a parking notice for stopping (to pop into a shop for 30 secs) on private land in Leeds. I originally challenged the charge because it was issued over 14 days past the offence date, however this was ignored.
I have now received a letter from Debt Recovery
Plus. They are warning of:
Option B:
Face potential court action Do nothing
We will advise our client to begin legal recovery
Your total charge including court fees may rise to £235 if unsussessful at court
Your access to morigages, loans, credit cards and car finance may be affected if unsuecessful at court and you fail to pay the court charges
The ticket was not issued by Leeds cuncil but by a private company.
V
Where do I stand legally? What are my options?
What is the most likely worst case scenario if I ignore. Can I be taken to court and have a record of some sort.

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Re: Parking Fine - Private Land Leeds
« Reply #1 on: »
We'll need to see a copy of the original notice. Leave on all dates and times, only remove personal info.

We'll also need to see exactly what you submitted as your appeal (that the charge was received after 14 days only matters if you appealed as the keeper and didn't reveal who was driving).

When you say your challenge was 'ignored', do you mean you never heard back from them? If so, did you chase it up?

Quote
What are my options?
To pay, or to see if they choose to take the matter to court. The worst case scenario is that they take you to court and you lose. If you do lose, you won't have a 'record', but you will get a CCJ. If that does happen, providing you pay the judgement on time, the CCJ will be removed from the public record so wouldn't impact any credit scores etc.
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Re: Parking Fine - Private Land Leeds
« Reply #2 on: »
I will try to find the original letter and my response, but my second response is below:

Dear Sir/Madam,

I am writing in response to your recent communication regarding the appeal I submitted regarding the parking fine issued to me. The reference number for the appeal is M35640.

I am disappointed to note that my appeal has been rejected without addressing the key issue I raised. I would like to reiterate the basis of my appeal, which remains unaddressed and significantly impacts the validity of the parking fine.

1. The ticket was issued more than 14 days after the offence took place, directly contravening the provisions outlined in the Protection of Freedoms Act 2012, Schedule 4, Paragraph 9(5). This statutory requirement renders the ticket invalid, as it was not provided within the prescribed timeframe.

2. I find it concerning that the parking fine company has chosen to ignore the fundamental aspect of my appeal: the fact that the ticket was issued outside the statutory 14-day period. The absence of any response or acknowledgement on this matter calls into question the integrity and professionalism of your organisation.

3. In light of the above, I firmly assert that my appeal is valid, and I consider this matter closed. As per the legal requirement and my rights as a recipient of the parking fine, I request the immediate withdrawal of the charge and confirmation of the closure of this case.

I expect a prompt response that directly addresses the issue of the parking fine being issued beyond the 14-day period specified by law. Failure to provide a satisfactory resolution or disregard of this appeal's validity may necessitate further action, including formal complaints to relevant authorities and seeking legal advice.

I trust that you will conduct a thorough review of the facts presented and respond appropriately, adhering to the principles of fairness and compliance with applicable legislation.

Yours faithfully,

Ross Keep
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Re: Parking Fine - Private Land Leeds
« Reply #3 on: »
Their response to my appeal is below, where they ignore the fact it was issued more than 14 days past the offence.

Site Name: Gelderd Close, LEEDS
Contravention Date: 01/04/2023 Contravention Time: 13:51:52
POPLA Verification Code: 9431463001
Dear Mr Keep
Thank you for your appeal received on 19/05/2023 regarding the above detailed Parking Charge Notice (PCN). We have
reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the
evidence gathered and our records show that the PCN was correctly issued as your vehicle was parked in breach of the Terms
and Conditions of Parking.
The location where the vehicle was parked is private land where no stopping, parking or waiting is permitted at anytime. By
parking the vehicle the driver contractually agrees to pay a parking charge.
Please find enclosed Photographic evidence of the vehicle parked at Gelderd Close, LEEDS.
Parking Control Solutions Ltd are providing the enclosed Images in relation to the event which occurred at the date and time
stamped on the images. The images are considered to be personal data under the Data Protection Act 2018 (GDPR) and as such
must not be used outside of the reason they have been supplied, which occurred around the date and time stamped on the
enclosed images. Should you use these images for any other reason, then you will be in contravention of the Data Protection Act
2018 (GDPR)
Please note the enclosed images do not identify the driver or any other living individual as defined under the Data Protection Act
2018 (GDPR). Under POFA Act (2012) it is the Registered Keeper's responsibility to identify the driver should they so wish.
These images are provided to the Register Keeper, as identified by the DVLA, or the driver as identified by yourself. If you are not
the correct recipient of this data then it must be destroyed or returned to the sender.
We are therefore unable to cancel the PCN as it was issued correctly. We have now extended the discounted payment period by
14 days to allow you time to pay the discounted settlement amount. Please now make payment of
£60 to reach us by 09/06/2023 or £100 to reach us by 23/06/2023
. We must advise you that once the discounted settlement rate passes it will not be offered again.
Payment
Payments can be made to the Creditor by using one of the following methods:
Online at:pcs.ec6pay.com
By Debit/credit card(Delta,Switch,Mastercard or Visa) by calling 03330230102
By Cheque/Postal order made payable to: Parking Control Solutions Ltd at the address outlined at the top of this
letter.
You have now reached the end of our internal appeals procedure. If you believe this decision is incorrect, you are entitled to
appeal to POPLA (https://popla.co.uk) within 28 days of the date of this letter. In order to appeal the, POPLA will need your
parking charge number (PCN), your vehicle registration, the date the charge was originally issued and the POPLA Code above.
Please note if you make an appeal to POPLA then the discounted rate is no longer available.
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 the parking charge remains unpaid, we may seek to recover the monies owed to us via our Debt Recovery procedures and
may proceed with County Court action against you.
PCS Ltd will not enter any further correspondence unless through the Popla appeal system detailed above.
Parking Control Solutions Ltd can only address the factual issues of where and how you parked. We will not enter into
discussions about the legality of parking on private land or of the landowners right to impose parking conditions on their
property. We will only answer points relevant to the specific parking event all other points you may have made are irrelevant to
the appeal.
Parking Control Solutions Ltd provide national car parking solutions. Our ICO registration number is ZA001365. We are
accredited AOS operators with our ATA (Approved Trade Association), the British Parking Association (BPA).
Parking Control Solutions Ltd on behalf of our clients have a legitimate interest in ensuring parking regulations, as displayed on
the sites, are adhered to. Your personal data may be processed, for the purpose of, enforcing parking charges which become
due as a result of a parking regulation breach.
Please Note: CCTV and ANPR Technology may have been in use.
Images including the vehicle number plates may have been obtained to confirm entry and exit of the car park and calculate the
length of stay and may have been used for enforcement purposes. CCTV footage may have been obtained to detect any
breaches of the site terms and conditions. Please see full privacy notice at www.parkingcontrolsolutions.co.uk/privacy-notice
Any queries regarding your data which is held please email our Data Protection Officer at: dpo@parkingcontrolsolutions.co.uk
Regards,
Parking Control Solutions
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Re: Parking Fine - Private Land Leeds
« Reply #4 on: »
The template I used for the letter was the following, but it was uploaded to their portal so I don't have a copy:

Dear Sir/Madam,

I am writing to formally challenge the parking charge notice (PCN) issued to me by Parking Control Solutions. The PCN reference number is [Reference Number], and it pertains to an alleged parking offence that occurred on April 1st, 2023.

Firstly, I would like to draw your attention to the fact that the PCN was issued more than 14 days after the date of the alleged parking offence. According to the Protection of Freedoms Act 2012, Schedule 4, Paragraph 9(5), a parking charge notice must be given within 14 days of the parking event. As the notice was issued on May 11th, 2023, which is beyond the prescribed timeframe, it is my understanding that the charge is not enforceable.

I kindly request that you consider this appeal and cancel the parking charge accordingly. I believe that the delay in issuing the notice has compromised the validity of the charge, and as such, it should not be pursued further.

In addition to the time frame issue, I would like to highlight that I have not been provided with any evidence or supporting documentation to justify the parking charge. I am unaware of any contractual agreement I may have entered into with your company, and I request that you provide all relevant evidence, including photographs or other documentation related to the alleged offence.

If you do not cancel the charge within 14 days of receiving this appeal, I request that you provide me with a valid and detailed explanation of the legal basis for pursuing the charge despite the time frame violation.

I look forward to your prompt response confirming the cancellation of the parking charge notice. Failure to respond adequately or provide the requested evidence may result in further action, including formal complaints to relevant authorities and seeking legal advice.

Yours faithfully,

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Re: Parking Fine - Private Land Leeds
« Reply #5 on: »
Quote from: Rtb on September 05, 2023, 03:20:17 pm
You have now reached the end of our internal appeals procedure. If you believe this decision is incorrect, you are entitled to appeal to POPLA (https://popla.co.uk) within 28 days of the date of this letter.
I assume you chose not to appeal to POPLA?

If so, that's a shame, as they would almost certainly have ordered the parking company to cancel the charge, if the circumstances are as you describe.

As I noted above, it will now be a case of waiting to see if they decide to sue.
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Re: Parking Fine - Private Land Leeds
« Reply #6 on: »
The template I used for the letter was the following, but it was uploaded to their portal so I don't have a copy:

.....

In addition to the time frame issue, I would like to highlight that I have not been provided with any evidence or supporting documentation to justify the parking charge. I am unaware of any contractual agreement I may have entered into with your company,

Is probably all the encouragement they need to pursue you.

You need to get properly acquainted with PoFA.

1. PoFA applies and only has relevance where the creditor doesn't know the identity of the driver and is seeking to pursue an unpaid parking charge incurred by the driver against the keeper or hirer, AND
2. Whereas if the creditor does want to exercise their right to enforce against the keeper they must comply with PoFA, they are NOT required to if they don't. Instead they may - because the BPA Code permits them - simply write to the keeper in very similar form, but without mentioning PoFA, and try to elicit the driver's details. The 14-day limit does not apply in these cases.

Your appeal seems to have fallen into their trap.

They could now pursue you as driver. I assume you'll be going to POPLA and if so IMO you must, absolutely must, get them to commit themselves as regards whether they are pursuing you as keeper or driver.

And pl don't go on about the penalty charge the way you have. This is another common misconception. The parking charge is not predicated on postal notices it only relates to actions and signs on the day and has nothing to do with any subsequent notices. A PCN is just that, a notice regarding a penalty charge which, according to the creditor, has already been incurred. The rest is who they may hold liable in the event that this historical and outstanding charge remains unpaid.
« Last Edit: September 06, 2023, 06:30:53 pm by H C Andersen »
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Re: Parking Fine - Private Land Leeds
« Reply #7 on: »
HCAndersen, if you look at the dates, you'll see that the deadline for appealing to POPLA has long since passed.

I'm not sure the statement you say identifies him as the driver does so explicitly (after all, a non-driving keeper may wonder what contract he could possibly have entered into that would give rise to him being chased for money, if he were unfamiliar with the existence of PoFA and its provisions allowing for monies to be recovered from a keeper for a contract entered into by the driver).

But I do agree that it could be taken as an implication he was the driver, which could harm his case if it were to go to court.
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