3. PCN - C.U.P. Enforcement Watford, The Parade
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PCN - C.U.P. Enforcement Watford, The Parade
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Hi all,

I'm seeking some support on the below, hope you can help.

I received the attached PCN from C.U.P Enforcement and appealed as hirer (not driver) and asked for POPLA, then received the following response asking me to identify the driver. The letter ends with "The PCN will now be placed on hold pending review and a final response."

How do you think should I respond to that?
I'm thinking of replying with below and asking for POPLA code or cancellation.

"CUP Enforcement seems to be relying on some creative but misguided legal theories about presumed driver liability or the law of agency. There is no legal obligation on the keeper to identify the driver to an unregulated private parking company. There will be no admission as to who was driving. No assumptions or inferences can be drawn. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency.

I note your NtK. I refer you to the answer given in the case of Arkell v. Pressdram (1971). In that spirit, I suggest you cancel this PCN and save us both a complete waste of time. You’ve got no chance at POPLA and you should try and save yourself the assessor's fee.

I look forward to confirmation that this matter is now closed."

thanks in advance!


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Re: PCN - C.U.P. Enforcement Watford, The Parade
« Reply #1 on: »
Assuming you have submitted a formal appeal, do nothing, they have to respond to your appeal within a deadline, and they’re on a fishing attempt to get you to reveal who the driver was.

In due course they’ll reject your appeal with “after careful consideration” rubbish, but also supply a POPLA code.

What other documents were sent with the Notice to Hirer? This is important, and the answer is probably “none”. You will therefore appeal to POPLA on this basis, which I am guessing you did not in your appeal to CUP. Just so we are clear, what did your appeal to them say?

Read sections 13 & 14 of
Protection of Freedoms Act 2012
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk
if you haven’t already done so.

They admit they have not used PoFA so can not transfer liability from the unknown driver to you, the hirer.
« Last Edit: June 22, 2025, 08:18:20 pm by jfollows »
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Re: PCN - C.U.P. Enforcement Watford, The Parade
« Reply #2 on: »
Quote from: jfollows on June 22, 2025, 08:14:02 pm
In due course they’ll reject your appeal with “after careful consideration” rubbish, but also supply a POPLA code.
Bingo.

It would be useful to see exactly what was said in the appeal, just so we know what we're working with.
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Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
Re: PCN - C.U.P. Enforcement Watford, The Parade
« Reply #3 on: »
Quote from: jfollows on June 22, 2025, 08:14:02 pm
Assuming you have submitted a formal appeal, do nothing, they have to respond to your appeal within a deadline, and they’re on a fishing attempt to get you to reveal who the driver was.

In due course they’ll reject your appeal with “after careful consideration” rubbish, but also supply a POPLA code.

What other documents were sent with the Notice to Hirer? This is important, and the answer is probably “none”. You will therefore appeal to POPLA on this basis, which I am guessing you did not in your appeal to CUP. Just so we are clear, what did your appeal to them say?

Read sections 13 & 14 of https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 if you haven’t already done so.

They admit they have not used PoFA so can not transfer liability from the unknown driver to you, the hirer.

Right, I did appeal to C.U.P. Enforcement via their website, as the hirer of the vehicle, though they haven't provided me a POPLA code yet. 
No other documents were sent, except for the ones attached in the original post.

Sorry, I can't access to my appeal letter, it was an adaptation of one of the template below.
Thanks for sharing the schedule btw.


"I am the registered hirer of the vehicle, and I dispute your alleged ‘parking charge’. I deny any liability or contractual agreement, and I will be making a complaint about your predatory and incompetent conduct to your client landowner.

CUP Enforcement seems to be relying on some creative but misguided legal theories about presumed driver liability or the law of agency. There is no legal obligation on the keeper to identify the driver to an unregulated private parking company. There will be no admission as to who was driving. No assumptions or inferences can be drawn. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency.

I note your NtK. I refer you to the answer given in the case of Arkell v. Pressdram (1971). In that spirit, I suggest you cancel this PCN and save us both a complete waste of time. You’ve got no chance at POPLA and you should try and save yourself the assessor fee.

I look forward to confirmation that this matter is now closed."

Hope it helps.
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Re: PCN - C.U.P. Enforcement Watford, The Parade
« Reply #4 on: »
As above. Do nothing until you receive the appeal rejection.

Be careful if you are not 100% au-fait with the law. This little bit in your suggested response could have been damning for you:

Quote from: panzi on June 22, 2025, 07:55:49 pm
"CUP Enforcement seems to be relying on some creative but misguided legal theories about presumed driver liability or the law of agency.

The driver is ALWAYS the liable party, as long as they are identified.
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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
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