3. Private parking charge notice - No permit - Moving out
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Private parking charge notice - No permit - Moving out
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Hi all,

No PCN given yet - I was informed by the rental company that I will be receiving one for the location, a passerby also mentioned that someone was taking photos of the vehicle so I suspected it.

We rented a van to move out of my flat at the location linked below, the signage was clear that there was no loading - however there was no other option. I was loading to the side of the underground entrance (not inside). There were loading bays opposite the property but we had already parked there for the time limit so we had to move. The road is a bus route and there are no reasonable places around to park without violating traffic laws.

I do not have a picture of the sign, but I know that they are a BPA accredited parking company so likely comply with the rules.

Location: https://maps.app.goo.gl/3h8w7JJM3c6fk4Mb7

Do I have any grounds for winning an appeal or do I just have to suck this up?

Also they may forward the letter to my old address as that is what I had registered for the rental, will it still be 14 days to pay a discounted amount from their initial letter to the rental company, or 14 days from when I receive the notice?

Funnily enough, it is the same parking operator as the post in https://www.ftla.uk/private-parking-tickets/private-parking-fine-ignored-gt-hm-court-tribunal-service/
« Last Edit: January 23, 2025, 12:19:47 pm by contestor98 »
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Re: Private parking charge notice - No permit - Moving out
« Reply #1 on: »
Until you receive a Notice to Hirer (NtH) in your own name, there is nothing you can do for now. The hire company has received a Notice to Keeper (NtK) and they should simply follow the instructions on the NtK to transfer liability to you, the Hirer.

If you only receive a copy of the NtK, then you cannot respond to that. You must wait for the NtH in your own name. The beauty of this is that the parking operator will screw up the process and they will not be able to pursue you as the Hirer, as long as you don't identify the driver.

No one knows who was driving except the Hirer. The Hirer is under no legal obligation to identify the driver to an unregulated private parking company. They are not allowed to presume or infer that the Hirer is the driver. As the Hirer cannot be liable and the driver is unknown, they cannot do anything about it. In other words, a "golden ticket" as long as the Hirer does not blab the drivers identity, inadvertently or otherwise.

No "I did this or that". Only refer to the driver in the third person such as "The driver did this or that". Don't tell 'em your name Pike!

Come back when you receive the NtH.
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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: Private parking charge notice - No permit - Moving out
« Reply #2 on: »
Thank you b789  :) I will be back with an NtH!
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Re: Private parking charge notice - No permit - Moving out
« Reply #3 on: »
Another complication - the rental company has my old address on file and will likely pass that on to the parking operator, what steps do I need to take to ensure that an NtH reaches me?
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Re: Private parking charge notice - No permit - Moving out
« Reply #4 on: »
If it's not too late, you could contact the rental company and update them with your new address. Don't you have Royal Mail forwarding service set up

Otherwise, hopefully, the rental company will be able to send you a copy of the NtK which will give you the PCN number for reference. Once you get the copy NtK, you can send a Data Rectification Notice (DRN) to the parking operator, referencing the PCN, stating you are the Hirer and that they should update their records with your current address for service and to erase your old address and that they should send the NtH to the current address.

Leaving a parking company with an out of date address is likely to lead to you getting a CCJ by default as you miss important documents during the process.
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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: Private parking charge notice - No permit - Moving out
« Reply #5 on: »
Wasn't even aware that was a feature of the RM, the more your know!

Ok will do all that, and then let's see...

Thank you again :)
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Re: Private parking charge notice - No permit - Moving out
« Reply #6 on: »
So I finally received the Notice to Hirer, see attached.

Similarly to other posts, they have not sent any other documents with the NtH.

Would the following appeal suffice?

Quote
I am the Hirer of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Hirer (NtH) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Hirer of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. PPS has relied on contract law allegations of breach against the driver only. The Hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtH can only hold the driver liable.

PPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN. If you do not wish to do so, please send me a POPLA appeal number along with your rejection.

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« Last Edit: February 21, 2025, 11:33:47 pm by contestor98 »
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Re: Private parking charge notice - No permit - Moving out
« Reply #7 on: »
Yes, but change ant reference to "Horizon" to the correct parking company
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Re: Private parking charge notice - No permit - Moving out
« Reply #8 on: »
Got my appeal rejection, is there a template for the POPLA appeal (for an NtH that did not come with any supporting documents)?

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« Last Edit: February 28, 2025, 02:40:28 pm by contestor98 »
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Re: Private parking charge notice - No permit - Moving out
« Reply #9 on: »
Use the following as a template for your POPLA appeal. Show us what you actually intend to send before you do so. For whatever obscure reason you have redacted the date of the appeal rejection but you can work out that you have 33 days from the appeal rejection sate to submit it:

Quote
I am appealing this Parking Charge Notice (PCN) issued by Private Parking Solutions (London) Ltd (PPS) as the Hirer on the following grounds:

The Notice to Hirer (NtH) fails to comply with the Protection of Freedoms Act 2012 (PoFA), Schedule 4, Paragraphs 13 & 14, meaning liability cannot be transferred to the Hirer.

The NtH does not reference PoFA and fails to establish liability.

No ‘period of parking’ is stated in the NtH, rendering it non-compliant.

The notice contains misleading and contradictory payment deadlines.

The NtH misrepresents liability and unlawfully threatens debt escalation.

The charge is disproportionate and does not represent a genuine pre-estimate of loss.

The operator has breached the Private Parking Single Code of Practice (PPSCoP).

For the reasons detailed below, this PCN is unenforceable, and I request that POPLA uphold my appeal.

1. The Notice to Hirer (NtH) Fails to Comply with PoFA Schedule 4, Paragraphs 13 & 14

To transfer liability from the Keeper to the Hirer, PoFA Schedule 4, Paragraph 14(2) explicitly requires that the operator provides:

A copy of the hire agreement.

A copy of the statement of liability signed by the Hirer.

A statement signed by or on behalf of the hire company confirming that the vehicle was on hire during the alleged contravention.

PPS has failed to provide any of these documents with the NtH. Without full compliance with these mandatory conditions, the Hirer cannot be held liable under PoFA.

Legal Reference: PoFA Schedule 4, Paragraph 14(2) states:“The creditor may not recover the charge from the hirer under paragraph 4 unless the creditor has given the hirer a notice in accordance with sub-paragraph (2) (and for the purposes of this paragraph, a reference in paragraph 6(1) or (2) to a notice to the keeper includes a reference to a notice to the hirer).”

Since PPS has not met these legal requirements, liability cannot be transferred to the Hirer, and this appeal must be upheld.

2. No Reference to PoFA in the NtH

The NtH does not even mention PoFA, which means PPS is not relying on it and therefore has no legal basis to enforce the charge against the Hirer. If they later attempt to rely on PoFA, they have already failed compliance by issuing a defective and improperly formatted NtH.

3. No ‘Period of Parking’ – Only a Single Timestamp

PoFA Schedule 4, Paragraph 9(2)(a) requires that a Notice must specify the actual period of parking, not just a single moment in time.

The NtH states:“The period of parking to which this notice relates is the period that immediately preceded the Incident Date and Time.”

This is vague and non-compliant. A timestamp does not prove that the vehicle was parked for any specific period. The Court of Appeal in Jopson v Homeguard [2016] B9GF0A9E ruled that stopping and parking are distinct activities. Without a defined period of parking, the charge is unenforceable.

4. Misleading & Contradictory Payment Deadlines

The NtH is misleading and contradictory, creating confusion about when payment is actually due:

The top of the NtH states: “Amount due within 28 days: £100.”

However, the body text contradicts this by stating: “If, after 21 days from the date given (which is presumed to be the second working day after the Date Issued), the Parking Charge referred to in the Notice to Keeper has not been paid in full, the case will then be passed to our Debt Recovery Agent which may escalate to court proceedings to recover the amount owed.”

This is misleading and non-compliant with the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) because it creates uncertainty about when payment is due.

5. Misrepresentation of Liability & Unlawful Debt Escalation Threats

The NtH falsely implies that liability has been transferred to the Hirer without meeting PoFA’s mandatory conditions. Additionally, the statement:

“The overdue charge will increase to £170”

is an unfair penalty and an unlawful attempt at double recovery.

POPLA and the courts do not accept arbitrary extra charges beyond the original £100 unless specifically justified, which PPS has failed to do.

6. The Charge is Disproportionate and Not a Genuine Pre-Estimate of Loss

PPS has not demonstrated how this charge reflects a genuine pre-estimate of loss. The Supreme Court ruling in ParkingEye v Beavis [2015] UKSC 67 established that a parking charge must serve a legitimate interest and be proportionate. This charge is excessive and not justified.

7. Breaches of the Private Parking Single Code of Practice (PPSCoP)

The operator has breached multiple provisions of the Private Parking Single Code of Practice (PPSCoP), including but not limited to:

Failure to provide clear and prominent signage as required under Section [Insert Relevant Section] of PPSCoP.

Misleading payment deadlines in breach of transparency principles outlined in PPSCoP.

Failure to comply with PoFA 2012, which is a fundamental expectation under PPSCoP for BPA members.

Operators are expected to comply fully with PPSCoP, and these breaches further demonstrate that this PCN is unenforceable.

Conclusion

Given the multiple legal failures identified above, this Parking Charge Notice is unenforceable. As the operator has failed to:

Comply with PoFA 2012, meaning liability cannot be transferred to the Hirer.

Provide a compliant period of parking, rendering the notice defective.

Issue clear and consistent payment terms, making the demand misleading and unfair.

Justify the charge as a legitimate contractual agreement or genuine pre-estimate of loss.

Follow the Private Parking Single Code of Practice (PPSCoP), further discrediting their claim.

Therefore, I request that POPLA uphold this appeal and cancel the charge immediately.
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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: Private parking charge notice - No permit - Moving out
« Reply #10 on: »
Thank you! The date of the letter is today (28/02/2025)
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Re: Private parking charge notice - No permit - Moving out
« Reply #11 on: »
Hello!

Please find below what I intend to submit to POPLA when I get to the deadline:

Quote
I am appealing this Parking Charge Notice (PCN) issued by Private Parking Solutions (London) Ltd (PPS) as the Hirer on the following grounds:

The Notice to Hirer (NtH) fails to comply with the Protection of Freedoms Act 2012 (PoFA), Schedule 4, Paragraphs 13 & 14, meaning liability cannot be transferred to the Hirer.
The NtH does not reference PoFA and fails to establish liability.
The notice contains misleading and contradictory payment deadlines.
The NtH misrepresents liability and unlawfully threatens debt escalation.
The charge is disproportionate and does not represent a genuine pre-estimate of loss.


For the reasons detailed below, this PCN is unenforceable, and I request that POPLA uphold my appeal.

1. The Notice to Hirer (NtH) Fails to Comply with PoFA Schedule 4, Paragraphs 13 & 14

To transfer liability from the Keeper to the Hirer, PoFA Schedule 4, Paragraph 14(2) explicitly requires that the operator provides:

A copy of the hire agreement.
A copy of the statement of liability signed by the Hirer.
A statement signed by or on behalf of the hire company confirming that the vehicle was on hire during the alleged contravention.

PPS has failed to provide any of these documents with the NtH. Without full compliance with these mandatory conditions, the Hirer cannot be held liable under PoFA.

Legal Reference: PoFA Schedule 4, Paragraph 14(2) states:“The creditor may not recover the charge from the hirer under paragraph 4 unless the creditor has given the hirer a notice in accordance with sub-paragraph (2) (and for the purposes of this paragraph, a reference in paragraph 6(1) or (2) to a notice to the keeper includes a reference to a notice to the hirer).”

Since PPS has not met these legal requirements, liability cannot be transferred to the Hirer, and this appeal must be upheld.

2. No Reference to PoFA in the NtH

The NtH does not even mention PoFA, which means PPS is not relying on it and therefore has no legal basis to enforce the charge against the Hirer. If they later attempt to rely on PoFA, they have already failed compliance by issuing a defective and improperly formatted NtH.


3. Misleading & Contradictory Payment Deadlines

The NtH is misleading and contradictory, creating confusion about when payment is actually due:

The top of the NtH states: “Amount due within 28 days: £100.”

However, the body text contradicts this by stating: “You are advised that if, after 21 days from the date given (which is presumed to be the second working day after the Date Issued), the Parking Charge referred to in the Notice to Keeper has not been paid in full, the case will then be passed to our Debt Recovery Agent which may escalate to court proceedings to recover the amount owed.”

This is misleading and non-compliant with the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) because it creates uncertainty about when payment is due.

4. Misrepresentation of Liability & Unlawful Debt Escalation Threats

The NtH falsely implies that liability has been transferred to the Hirer without meeting PoFA’s mandatory conditions. Additionally, the statement:

“The overdue charge will increase to £170”

is an unfair penalty and an unlawful attempt at double recovery.

POPLA and the courts do not accept arbitrary extra charges beyond the original £100 unless specifically justified, which PPS has failed to do.

5. The Charge is Disproportionate and Not a Genuine Pre-Estimate of Loss

PPS has not demonstrated how this charge reflects a genuine pre-estimate of loss. The Supreme Court ruling in ParkingEye v Beavis [2015] UKSC 67 established that a parking charge must serve a legitimate interest and be proportionate. This charge is excessive and not justified.


Conclusion

Given the multiple legal failures identified above, this Parking Charge Notice is unenforceable. As the operator has failed to:

Comply with PoFA 2012, meaning liability cannot be transferred to the Hirer.
Issue clear and consistent payment terms, making the demand misleading and unfair.
Justify the charge as a legitimate contractual agreement or genuine pre-estimate of loss.

Therefore, I request that POPLA uphold this appeal and cancel the charge immediately.

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Re: Private parking charge notice - No permit - Moving out
« Reply #12 on: »
PoFA does not mean that liability can be transferred from the Keeper to the Hirer. PoFA allows transfer of liability from the unknown driver to the the Keeper or Hirer.

I would suggest that you simply concentrate on this single breach of PoFA for your POPLA appeal.

As the Hirer, you are under no legal obligation to identify the driver. The creditor has failed to fully comply with all the requirements of PoFA to be able to transfer the drivers liability to the Hirer.

Their breach of PoFA relates to paragraph 14(2)(a) which requires that: "the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;".

In this case the creditor has not provided copies "of the documents mentioned in paragraph 13(2)". Let's look at what documents paragraph 13(2) mentions...

(a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
(b) a copy of the hire agreement; and
(c) a copy of a statement of liability signed by the hirer under that hire agreement.

Did they actually send you a copy of the NtK that was sent to the lease company?

So, as their NtH did not contain the necessary copies of the required documents, they have not complied with all the requirements of PoFA and therefore the Hirer cannot be liable. They have not shown that the person they are pursuing is the driver. They cannot infer that the Hirer/Keeper must also be the driver and that has been conclusively proved in persuasive appellate court cases, including VCS v Edward (2023) [HOKF6C9C]

The rest of the argument you showed will not be considered by POPLA.[/quote]

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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: Private parking charge notice - No permit - Moving out
« Reply #13 on: »
That makes sense, keep it simple! Thank you b789, here's what I will submit:

Quote
I am appealing this Parking Charge Notice (PCN) issued by Private Parking Solutions (London) Ltd (PPS) as the Hirer on the following grounds:

The Notice to Hirer (NtH) fails to comply with the Protection of Freedoms Act 2012 (PoFA), Schedule 4, Paragraphs 13 & 14, meaning liability cannot be transferred to the Hirer.

The Notice to Hirer (NtH) Fails to Comply with PoFA Schedule 4, Paragraphs 13 & 14. To transfer liability from the Keeper to the Hirer, PoFA Schedule 4, Paragraph 14(2) explicitly requires that the operator provides:

A copy of the hire agreement.
A copy of the statement of liability signed by the Hirer.
A statement signed by or on behalf of the hire company confirming that the vehicle was on hire during the alleged contravention.

PPS has failed to provide any of these documents with the NtH. Without full compliance with these mandatory conditions, the Hirer cannot be held liable under PoFA.

Legal Reference: PoFA Schedule 4, Paragraph 14(2) states:“The creditor may not recover the charge from the hirer under paragraph 4 unless the creditor has given the hirer a notice in accordance with sub-paragraph (2) (and for the purposes of this paragraph, a reference in paragraph 6(1) or (2) to a notice to the keeper includes a reference to a notice to the hirer).”


Given the failure to comply with PoFA 2012, meaning liability cannot be transferred to the Hirer, this Parking Charge Notice is unenforceable. Therefore, I request that POPLA uphold this appeal and cancel the charge immediately.
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Re: Private parking charge notice - No permit - Moving out
« Reply #14 on: »
Does the above have your approval?
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