Author Topic: Parkmaven NtK and unsuccessful appeal  (Read 12241 times)

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Re: Parkmaven NtK and unsuccessful appeal
« Reply #30 on: »
Oops, I read too quickly.
So their defence is very lousy.

I've posted the comments nd got this:
"Your appeal is now ready to be assessed and is currently in a queue waiting to be allocated. We expect to make a decision on your appeal 6-8 weeks from the point that the appeal was first submitted. The next communication that you will receive from us will be the decision on your appeal."

Thanks.
« Last Edit: February 25, 2025, 11:11:59 pm by kgw »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #31 on: »
       Hi,

The POPLA appeal has been unsuccessful. They consider the NtK to be PoFA, PPSCoP compliant.

Assessor summary of your case
The appellant has raised the following grounds of appeal: • The contradiction in payment deadlines renders the Notice to Keeper Non-Compliant with Protection of Freedom Act 2012. • There is further Notice to Keeper Non-Compliance and the operator has not established driver liability and cannot hold the keeper Liable. • The Notice to Keeper contains misleading information, contradicting the BPA/IPC Private Parking Single Code of Practice (Effective Since October 2024). • ParkMaven’s appeal rejection references a defunct BPA Code of Practice. • There is inadequate signage – No Contract Formed with the Driver. • There is no evidence of landholder authority. The appellant has expanded on their grounds of appeal in the comments and they say that the operator has not rebutted their grounds of appeal regarding PoFA compliance. They say that the evidence provided regarding landowner authority is not sufficient. The appellant has provided a document with their full grounds of appeal.

Assessor supporting rational for decision
When assessing an appeal POPLA considers if the operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. The operator has provided evidence of the vehicle parked on the site for one hour and 22 minutes on the day in question. The Protection of Freedoms Act (PoFA) 2012 is a law that allows parking operators to transfer the liability to the registered keeper in the event that the driver or hirer is not identified. Parking operators have to follow certain rules including warning the registered keeper that they will be liable if the parking operator is not provided with the name and address of the driver. In this case, the PCN in question has the necessary information and the parking operator has therefore successfully transferred the liability onto the registered keeper. In this case, it is not clear who the driver of the appellant’s vehicle is, so I must consider the Protection of Freedoms Act (PoFA) 2012, as the operator issued the Parking Charge Notice (PCN) to the keeper of the vehicle. The operator has provided me with a copy of the notice to keeper sent to the appellant. I have reviewed the notice to keeper against the relevant sections of PoFA 2012 and I am satisfied that it is compliant. I will therefore be assessing keeper liability. I note that the appellant has mentioned that the timelines on the PCN are not PoFA compliant however it is important to be aware that there will be a reference to the dates the operator expects payment to be made. This is in the event the motorist does not wish to appeal the PCN and pays it. The timescales referred to in the PoFA paragraph are to transfer liability in the event the driver is not identified and are not for making payment. The appellant has advised that the operator has mentioned a defunct code of practice in the evidence pack. Whilst I understand what the appellant means this does not invalidate the reason for issuing the PCN. The appellant will need to contact the operator directly to discuss this. The sector Code of Practice has been jointly created by the British Parking Association (BPA) and the International Parking Community (IPC). It is largely based on the Government’s Private Parking Code of Practice, which was published in February 2022, and subsequently withdrawn in June 2022. The new Code came into force on the 1 October 2024. It is stipulated in the Code that the parking operator needs to comply with all elements relating to signage by 31 December 2026. Therefore, for any aspects of this case relating to signage, I will be referring to version 9 of the BPA Code of Practice. This is applicable for parking events that occurred from 1 February 2024. The British Parking Association (BPA) has a Code of Practice which set the standards its parking operators need to comply with. Section 19.3 of the code states that signs must be placed throughout the car park so that drivers have the chance to review the terms and conditions. The code confirms that these signs must be conspicuous and legible and written in intelligible language so that they are easy to see read and understand. The operator has provided a site map and multiple images of the signs within the car park and after reviewing these, I am satisfied that there are plenty of signs located within the car park and that these signs meet the requirements of section 19.3 of the Code of Practice. These signs advise that payment is required and that failing to pay will result in a PCN being issued. I note that the appellant states that they were unaware of the terms and conditions, however, it is important to note that the driver of the vehicle does not need to have read the terms and conditions of the contract to accept it. There is only the requirement that the driver is afforded the opportunity to read and understand the terms and conditions of the contract before accepting it. It is the driver’s responsibility to seek out the terms and conditions, and ensure they understand them, before agreeing to the contract and parking. Reviewing the photographic evidence of the signage on display at the site and the site map, I am satisfied that the driver would have walked or driven past at least one of the operator’s signs and as such, was afforded this opportunity. The appellant states that there is no landowner authority and to address this I will be referring to The Private Parking Sector Single Code of Practice (The Code) which sets the standards its parking operators need to comply with. Section 14.1 of the Code states that where controlled land is being managed on behalf of a landowner, written confirmation must be obtained before a parking charge can be issued. In this case the operator has provided a witness statement and an enforcement agreement and I am satisfied that the operator has the authority to issue PCN’s on this site. The operator does not need to provide a full copy of the full contract as it may contain commercially sensitive information. While I note the appellant’s comments, from the information provided from the operator I am satisfied therefore, that the operator had sufficient authority on the date of the contravention. Furthermore, if authority had since been removed, it is likely that the landowner would remove the signage at the same time. Not many landowners would look on quietly while someone operates on their land without their permission. The evidence provided in relation to this appeal meets the criteria POPLA requires, and therefore I am satisfied that the operator has sufficient authority at the site on the date of the parking event. After considering the evidence from both parties the driver had parked on the site and did not obtain a valid parking session and therefore did not comply with the terms and conditions of the site. Based on the evidence provided, I am satisfied the parking charge has been issued correctly therefore, I must refuse the appeal. This means the appellant is required to pay the full parking charge to the operator.


Was this to be expected ? I guess the next step is in court... :(

Re: Parkmaven NtK and unsuccessful appeal
« Reply #32 on: »
Court is not the most likely outcome. Whilst they will probably issue a claim, in due course, the odds of it actually ever reaching hearing are slim and even if it did, your case is strong.

Do not pay this. The POPLA decision is not binding on you. Which POPLA assessor came up with this tripe? It is not a secret and their names are in the public domain.

I would suggest a formal complaint to POPLA about this assessors utter lack of competence. It won't change the decision but it does establish a paper trail for formal complaints which can later be relied on as evidence of their failings.

There are five obvious failings by this assessor:

1. Misunderstanding of PoFA 9(2)(f)

The assessor wrongly asserts:

"The timescales referred to in the PoFA paragraph are to transfer liability… and are not for making payment."

This is incorrect. PoFA 9(2)(f) expressly governs the 28-day period within which the Keeper is liable unless the driver is named. That period starts the day after the NtK is given, as per 9(2)(f):

"Warn the keeper that if… after the period of 28 days beginning with the day after that on which the notice is given…"

A statement on the front of the NtK demanding payment by a date calculated from the issue date, not the day after the date of deemed delivery, is not PoFA-compliant. This is not about operator preference or flexibility—PoFA compliance is strict. The assessor erred in law by implying the misleading payment deadline has no bearing on keeper liability.

2. Total Ignorance of PoFA 9(2)(e)(i)

It was clearly explained that the NtK:

• Does not invite the Keeper to pay the charge.
• Merely demands that the driver pay and requests the Keeper to name them.

PoFA 9(2)(e)(i) requires an explicit invitation to the Keeper:

“State that the creditor does not know both the name of the driver and a current address for service and invite the keeper to pay the unpaid parking charges.”

The assessor ignored this completely. There is no lawful basis for transferring liability if this required element is missing. POPLA failed to assess the core condition for keeper liability.

3. Dismissal of PPSCoP Breach as Irrelevant

PPSCoP 8.1.2(e) was referenced, which says:

“The recipient can appeal within 28 days of receiving the parking charge.”

And its Note 2 clarifies:

“…presumed to have been delivered on the second working day…”

Again, the assessor missed the point: The NtK’s deadline shortens the Keeper’s rights under the PPSCoP, a breach of the operative Code. Their statement that operators “may refer to payment dates” misses the central issue: the NtK actively contradicts the statutory wording, misleading the recipient.

POPLA’s own remit includes enforcing the current Code of Practice, and they failed to uphold this.

4. Failure to Require Landowner Contract With Sufficient Proof

ParkMaven’s evidence was challenged:

• Undated, unsigned, or post-dated signatures.
• Contradictory claims about confidentiality.
• Absence of confirmation that the signatory is the landowner or authorised agent.

The assessor ignored all this and instead relied on a generic “witness statement”, despite DVLA guidance and case law confirming that the contract must be current, valid, and sufficiently prove the operator’s legal standing.

Their logic that "the signage would have been removed if the contract wasn’t in force" is a laughable assumption not based on evidence.

5. POPLA Breached its Own Principles

The appeal stated:

"Under POPLA’s own appeal assessment principles, if an appellant raises a valid challenge and the operator does not respond to it, the appeal must be upheld."

That is a long-standing principle, repeated by assessors in countless past decisions. In this case:

• The operator did not address PoFA 9(2)(f)
• The operator did not rebut 9(2)(e)(i)
• The operator did not address the PPSCoP deadline breach
• The operator did not refute the BPA CoP error in their appeal response

The burden is on the operator to respond to every point. POPLA’s failure to apply this basic standard is a dereliction of duty.

Send the following complaint to POPLA:

Quote
Subject: Formal Complaint Regarding Failed Appeal – Verification Code [INSERT CODE] – Escalation Required

To whom it may concern,

This is a formal complaint regarding the decision issued by POPLA under verification code [INSERT CODE] for a Parking Charge Notice issued by ParkMaven. This complaint must be escalated to the most senior level of POPLA management. I also confirm that it is being forwarded to my Member of Parliament due to the systemic failings this decision exposes.

Let me be clear: I am not writing this complaint in the expectation that the decision will be overturned. I am fully aware that POPLA does not permit assessors to reverse an appeal decision, no matter how legally flawed it is. That is itself part of the problem and will be raised with the relevant government department and Parliament.

I expect this complaint to be logged, responded to in writing, and used to review the training and competence of the assessor involved, who has demonstrated a complete inability to apply basic statutory requirements or read the appeal they were tasked to assess.

1. Blatant misinterpretation of PoFA 2012 – Paragraph 9(2)(f)

My appeal detailed that ParkMaven's Notice to Keeper (NtK) contradicts the statutory wording of PoFA Schedule 4, Paragraph 9(2)(f) by demanding payment "within 28 days of the date issued" – a full six days earlier than legally allowed. This is not a minor technicality. It is a material legal failure.

PoFA is clear: the 28-day period begins "with the day after that on which the notice is given." "Given" means delivered, and PoFA 9(6) deems it to be two working days after posting. The NtK in this case was issued on 24/12/2024, with deemed delivery on 30/12/2024. The front of the NtK misleadingly sets the deadline as 21/01/2025 instead of the correct 27/01/2025.

This is an outright breach of PoFA. The assessor waved it away with the astonishing claim that payment deadlines "are just for those who do not wish to appeal" – as if the statutory provisions are optional. This statement is legally indefensible and demonstrates a lack of basic understanding of how liability is created under Schedule 4.

2. Ignoring the absence of PoFA 9(2)(e)(i) wording

I highlighted that the NtK does not contain the required invitation for the keeper to pay the charge, as mandated by PoFA 9(2)(e)(i). Instead, the NtK only demands payment from the driver and asks the keeper to name the driver if not them.

PoFA requires an express invitation to the keeper to pay the charge. The assessor completely ignored this point, made no reference to paragraph 9(2)(e)(i), and failed to engage with the most basic requirement for keeper liability.

This is not an oversight. It is a gross failure of professional standards by someone apparently untrained or unwilling to read and apply the law they are tasked with assessing.

3. Dismissal of PPSCoP breach and misrepresentation of transitional arrangements

I explained in my appeal that the NtK breaches the Private Parking Single Code of Practice (PPSCoP), which has been in force since October 2024. Section 8.1.2(e) makes it crystal clear:

"The recipient can appeal within 28 days of receiving the parking charge."

The word "receiving" is not open to interpretation. The accompanying note defines it clearly as two working days after posting. Despite this, the operator falsely shortened the deadline to 21/01/2025. This is a material misrepresentation of the keeper's rights and a direct breach of the Code.

The assessor showed either ignorance or laziness by brushing this aside and claiming the PPSCoP only applies to signage until 2026. That is completely wrong. The signage deadline relates only to physical compliance by operators, not to the immediate obligations concerning transparency, wording, and deadlines in written communications.

This failure to understand the Code and apply its provisions brings POPLA’s own credibility into question.

4. Failure to uphold POPLA’s own standards regarding operator rebuttals

In at least five distinct areas of my appeal, the operator failed to respond:

• No rebuttal of PoFA 9(2)(f) or 9(2)(e)(i) points
• No response to the PPSCoP breach
• No defence of the use of the defunct BPA Code of Practice in the rejection letter
• No evidence justifying the misleading keeper liability claim
•No explanation for the flawed and post-dated contract provided as landowner authority

POPLA has long held that if an operator does not rebut a specific appeal point, the appeal should be upheld. Yet in this case, the assessor simply pretended that none of these failures occurred. That is dishonest, unacceptable, and contrary to POPLA’s own published assessment standards.

5. Acceptance of dubious “contract” evidence

I challenged the validity of the landowner authority. ParkMaven submitted a document:

• Signed five months after the contract was supposedly in force
• With no signature by ParkMaven
• With no verification of the signatory’s position
• While simultaneously claiming the contract was “too confidential” to disclose (and then disclosing it anyway)

The assessor accepted this without comment, justification, or applying a basic evidential standard. This undermines the fairness of the process and renders it a tick-box exercise unworthy of public trust.

Request for POPLA Management Action

This complaint must be passed to POPLA senior management. I expect:

• A written response explaining what went wrong in this case
• An explanation of what additional training or disciplinary review the assessor will undergo
• A confirmation that these failures will be raised internally and used to prevent recurrence

This complaint is being escalated to my Member of Parliament, not because POPLA has any regulatory or statutory function (you don’t), but because the public is entitled to expect basic competence from bodies purporting to offer an independent appeal service. This appeal was handled with a level of carelessness and legal illiteracy that is unacceptable, and it is important that decision-makers at a national level are made aware of the standards being applied behind the curtain of POPLA's “independence”.

POPLA is a private contractor, funded by the BPA, with no legal authority, no accountability mechanism, and no appeals process once a decision is issued. That makes it all the more important that decisions are made accurately, transparently, and lawfully the first time—none of which occurred here.

This complaint is not about overturning the outcome. I know how your process works. It is being made for the record, and to require a formal written explanation of:

• Why key appeal points were ignored or dismissed without engagement
• What corrective action, training, or accountability will follow
•Confirmation that this complaint is being reviewed by senior management, not just closed out by a front-line team

A copy of this email has been retained and will be used to inform others, including the press and advocacy groups, who are increasingly concerned about the quality, independence, and legal competence of POPLA’s decision-making.

Sincerely,

[Your Full Name]
[Your PCN Reference Number]
POPLA Verification Code: [Insert Code]
Email: [Your Email]
Address: [Your Postal Address]

And make a complaint about this to your MP.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parkmaven NtK and unsuccessful appeal
« Reply #33 on: »
Thanks a lot for this.

The assessor is Gayle Stanton.

I agree with all your points and was amazed at none of the arguments were upheld.
I find 5 to be the most damning. Maybe the assessor considered that the points raised about  PoFA 9(2)(f), 9(2)(e)(i), the PPSCoP deadline breach and the BPA CoP error were ALL invalid...

Btw, I searched on the POPLA site but could not find reference to the "if an appellant raises a valid challenge and the operator does not respond to it, the appeal must be upheld" policy.

My MP is busy promoting legislation banning kitchen knives so not sure what he'll do here.

First time this happens to me. I'm learning.

Re: Parkmaven NtK and unsuccessful appeal
« Reply #34 on: »
POPLA sent a "how did we do ?" questionnaire. Lol
I did not use it as they have a complaint page on their website:
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« Last Edit: May 10, 2025, 07:38:48 pm by kgw »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #35 on: »
It is a standard and fair principle in any adjudication process that if a party raises a prima facie valid point, and the opposing party fails to respond or rebut it, that point is ordinarily taken as conceded or accepted. POPLA's process is based on the written representations of both parties.

Therefore, where an appellant raises a challenge—such as a defect in the Notice to Keeper, lack of standing, or insufficient signage—and the operator fails to address or refute it in their evidence pack, the adjudicator must reasonably accept the appellant’s position as unchallenged. The burden rests with the operator to demonstrate the charge is valid and enforceable. If they fail to engage with a relevant appeal ground, they have failed to discharge that burden.

This aligns with general adjudicative practice and is reflected in past POPLA decisions where appeals were upheld on the basis that specific challenges went unanswered by the operator.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parkmaven NtK and unsuccessful appeal
« Reply #36 on: »
Thanks.

I thought this rule appeared explicitly in their literature, but it does not.

They do say:
Assessors will make decisions based on:
- Relevant law
- The British Parking Association's code of practice
- Evidence provided by both parties


And further, they dare say: "Assessors have been trained on these areas and our decision-making guidelines. They have also passed an accreditation process following our training programme and receive regular internal quality audits as well as coaching and personal development."

Obviously very far from reality.


I've just written to my MP.

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Re: Parkmaven NtK and unsuccessful appeal
« Reply #37 on: »
?
PoFA para. 9 is often misunderstood.

IMO, as far as is relevant to the point trying to be made regarding non-compliance:

Payment period less than the 9(2)(f) trigger date is OK;
Payment period equal to the 9(2)(f) trigger is OK;
Payment period more than the 9(2)(f) trigger is not compliant.

9(2)(f) is a statement regarding a legal power, it is not a payment requirement as such. These are (b), (c) and (d).

That (f) is contingent upon, among other matters, full payment not having been made does not mean that other requirements which specify by when the creditor wants payment in accordance with the on-site contractual requirements must align exactly with this trigger but, as stated above, the payment period should not exceed the 9(2)(f) trigger date.

And it doesn't.




Re: Parkmaven NtK and unsuccessful appeal
« Reply #38 on: »
I'm no expert but I feel like I have to analyse this like a high court judge.

Strictly speaking, the NtK complies with 9(2)(f) because, in the fine print on the 2ᶮᵈ page, the PoFA paragraph states exactly what it should:
You are advised that if, after the period of 28 days beginning with the day after that on which the notice is given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you.

The question is whether the prominent
PAYMENT TO BE MADE WITHIN 28 DAYS OF THE DATE ISSUED: BY 21/01/2025
at the top of the 1ˢᵗ page renders the NtK non-compliant, bearing in mind that the PoFA deadline was 6 days later.

The assessor's reasoning:
"there will be a reference to the dates the operator expects payment to be made. This is in the event the motorist does not wish to appeal the PCN and pays it. The timescales referred to in the PoFA paragraph are to transfer liability in the event the driver is not identified and are not for making payment."
makes little sense.

The 1ˢᵗ page statement appears to be contradictory but the law lists what the NtK must include, not what it must not.
Asking the keeper to pay before the PoFA deadline (without stating consequences) can't hurt. If on the other hand the 1ˢᵗ page had prominently mentioned a date beyond the PoFA deadline, while still quoting 9(2)(f) in the fine print, this could have tricked the keeper into unlawful territory. So I can see how this would be non-compliant whereas the misleading Parkmaven NtK complies.



On the other hand

9(2)(b) states that
The notice must (...) inform the keeper that (...) the parking charges have not been paid in full
I don't see that on the NtK.

9(2)(e) states that:
"The notice (...) must (...) invite the keeper
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver
"
The NtK complies with 9(2)(e)(ii) bit, not (i) as far as I can see. The alternative "pay or tell us who the driver was" is nowhere to be seen. Incidentally, 9(2)(f) makes no sense without the correct 9(2)(e) wording.

Finally, 9(2)(i) states that:
The notice (...) must (...) specify the date on which the notice is sent (where it is sent by post)
and they only provide a date of issue (ie printing). On 24 December, this can make a difference. Maybe the whole Parkmaven office was on holiday from 24 afternoon.
« Last Edit: May 11, 2025, 07:02:06 pm by kgw »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #39 on: »
The NtK in question technically complies with Paragraph 9(2)(f) by including the correct statutory wording. However, it may still be non-compliant with PoFA as a whole because the notice introduces ambiguity by setting a prominent “payment deadline” that contradicts the PoFA-prescribed timeline. This undermines the effectiveness of the statutory warning and fails the test of clarity required under PoFA, rendering the notice unsuitable for transferring liability to the keeper.

Also, the NtK is misleading and non-compliant when judged against the Private Parking Single Code of Practice (PPSCoP) and broader consumer protection principles. While it may quote the statutory wording required by Paragraph 9(2)(f), it also prominently demands payment “within 28 days of the date issued”, which contradicts both PoFA’s own deemed service rule (the day after two working days later) and Section 8.1.2(e) of the PPSCoP, which requires that motorists be given a minimum of 28 days from the date of receipt. This inconsistency introduces ambiguity as to the true deadline for payment and the point at which liability may be transferred to the Keeper.

Such ambiguity undermines transparency, breaches the PPSCoP, and renders the notice misleading in a manner likely to disadvantage or confuse the average consumer. Therefore, the notice should not be relied upon to establish keeper liability.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parkmaven NtK and unsuccessful appeal
« Reply #40 on: »
The payment terms have nothing to do with the statutory warning as I posted. There could be some conflict if the payment period is greater than the mandatory warning trigger, but this does not apply.

I suggest this is a dead end and the OP look for a more substantive argument if they must.

Re: Parkmaven NtK and unsuccessful appeal
« Reply #41 on: »
Are you suggesting that the grounds regarding PPSCoP, 9(2)(b), (e)(i) and (i) points have little merit ?

Re: Parkmaven NtK and unsuccessful appeal
« Reply #42 on: »
The appeal to POPLA was unsuccessful. The OP can rattle cages in the form of a complaint or whatever but IMO these are baseless.

The invitation for the keeper to pay could be seen in the words 'you[the addressee and registered keeper] may pay or appeal'. The NTK also states 'the driver of the motor vehicle is required to pay this parking charge'.

Re: Parkmaven NtK and unsuccessful appeal
« Reply #43 on: »
What strikes me is that you and b789 seem to have a wealth of experience, yet have pretty radically different points of view, with b789 arguing for a strict application of PoFA while you accept a much more lax approach, accepting that the "pay now or tell us who was driving" alternative which PoFA 9(2)(e) mandates is fulfilled in the NtK by merely writing "You can pay or appeal this charge"

Not sure what to do.

Re: Parkmaven NtK and unsuccessful appeal
« Reply #44 on: »
Despite their difference of opinion, I'm not sure either of them are actually advocating that you do anything different at this stage. Now that the POPLA appeal is concluded, you are essentially waiting to see if Parkmaven decide to escalate to a court claim.

In the meantime, if any complaints etc. result in the matter being discontinued, great. With that in mind, there seems to be little harm in trying.

I don't think we've seen any cases where this exact point has been tested in court (mainly because the vast majority get discontinued, and the few that progress to a hearing often have multiple defence points at play). If the specific point were to be argued in court, I would speculate that the decision would depend somewhat on the judge on the day.

If it were me in receipt of the parking charge notice, I would stand my ground and fight the matter.