Author Topic: Private Parking Solutions - no-permit - Hounslow High Street  (Read 948 times)

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Re: Private Parking Solutions - no-permit - Hounslow High Street
« Reply #15 on: »
Can you tell us what the time stamps are on the two photos of the car on the notice?
Your appeal could be strengthened further depending on your answer to this question.

Re: Private Parking Solutions - no-permit - Hounslow High Street
« Reply #16 on: »
First photo = 20.21 and 5 seconds

Second photo = 20.21 and 6 seconds


So the two photos cover 1 second.

Re: Private Parking Solutions - no-permit - Hounslow High Street
« Reply #17 on: »
I'd add in a point covering this - the photographic evidence covers a period of just 1 second - they have therefore failed to demonstrate that the vehicle remained on site for longer than the relevant consideration period of 5 minutes.

Re: Private Parking Solutions - no-permit - Hounslow High Street
« Reply #18 on: »
Draft:

Quote
POPLA Appeal: 5660136838

Vehicle Registration: [Your VRM] PCN Reference: 99999999 Operator: Private Parking Solutions (London) Ltd

Dear POPLA Assessor,

I am the Registered Keeper of the vehicle and I am appealing this parking charge on the following grounds:

1. Failure to Comply with Schedule 4 of the Protection of Freedoms Act (PoFA) 2012

The Operator has failed to meet the strict "black letter" law requirements of PoFA 2012 to transfer liability from the driver to the Registered Keeper. Specifically:

  • No Period of Parking (Para 9(2)(a)): The Notice to Keeper (NtK) must specify the period of parking. The NtK provided by PPS merely states a single point in time (8:26 PM). A single timestamp is a "snapshot" and does not constitute a "period" of time as required by the Act.
  • Failure to provide mandatory Warning (Para 9(2)(f)): The NtK fails to correctly warn the keeper that if the charge is not paid after 28 days, the creditor has the right to recover from the keeper. The Operator's rejection letter admits to using a "29 day" timeframe, which is an incorrect application of the statutory period.
  • Failure to state the 'Relevant Period': The NtK does not clearly define the 28-day period beginning the day after the notice is given, as strictly required by PoFA.

2. Failure to Observe a Consideration Period (BPA Code of Practice)

The Operator’s photographic evidence covers a period of just 1 second. Under the BPA Code of Practice, a motorist must be allowed a "consideration period" (minimum 5 minutes) to read the signs and decide whether to stay or leave. By providing only a 1-second interval of evidence, the Operator has failed to demonstrate that the vehicle remained on site for longer than the mandatory consideration period. Therefore, no contract could have been formed.

3. Prohibitive Signage – No Contractual Offer Made

The signage at 112 High Street, Hounslow is "prohibitive" in nature. It states:
Quote
"PRIVATE LAND, PERMIT HOLDERS ONLY. 60 MINUTES MAXIMUM STAY WITH VALID PERMIT FOR KUJAWIAK CUSTOMERS ONLY."
According to established case law (e.g., PCM-UK v Bull et al), if a sign specifies that parking is only for a restricted class of people (permit holders), it does not make a contractual offer to those outside that class. It is a statement of prohibition. A person who is excluded cannot enter into a contract to park; thus, no contractual "Parking Charge" can arise.

4. Procedural Errors and Administrative Incompetence

The Operator’s rejection letter is dated 05/03/2024, yet it was sent to me via email on 13/01/2026. This extreme discrepancy (nearly two years) highlights a complete lack of professional diligence and raises serious questions about the accuracy and reliability of the Operator's internal record-keeping and evidence.

5. Lack of Standing/Landowner Authority

I challenge the Operator to provide a contemporaneous, unredacted copy of the contract between themselves and the landowner. I do not believe the Operator has the necessary legal standing or authorization to issue PCNs or initiate legal proceedings in their own name at this specific location.

Conclusion The Operator has failed to comply with PoFA 2012, has failed to prove the car stayed beyond a consideration period, and the signage is prohibitive. I request that this appeal be allowed and the PCN cancelled.

Yours faithfully,

[Your Name / Registered Keeper]

Does this look better than the first draft?
« Last Edit: January 30, 2026, 02:44:22 pm by marxman »

Re: Private Parking Solutions - no-permit - Hounslow High Street
« Reply #19 on: »
Hiya,

After filing POPLA appeal, I received the following today on the POPLA portal from the operator:

Quote
rivate Parking Solutions (London) Ltd (the Operator) submits this statement in response to the appeal made to POPLA by the registered keeper of the above vehicle. The Parking Charge (PC) was issued after the vehicle was observed parked on private land without clearly displaying a valid parking permit, in breach of the site’s clearly displayed terms and conditions. The Operator respectfully submits that the appeal should be refused for the reasons set out below. The appellant asserts that the Notice to Keeper (NtK) does not comply with Schedule 4 of the Protection of Freedoms Act 2012. The Operator confirms that the appellant was identified as the registered keeper via a DVLA data request and that a compliant Notice to Keeper was issued within the required statutory timeframe. The notice clearly specified the contravention date, location, vehicle registration, and the circumstances in which the charge arose. The appellant refers to a “29-day” reference within the notice. This wording relates to the period after which the Operator may take steps to recover the unpaid charge and does not replace or alter the statutory 28-day period prescribed under PoFA. The notice substantially complies with the requirements of Schedule 4. The appellant further contends that a “period of parking” was not stated. However, the Operator’s photographic evidence contains date- and time-stamped images showing the vehicle parked for approximately six minutes without clearly displaying a valid permit. This satisfies the requirement to specify the period of parking. Accordingly, liability has been correctly established in accordance with PoFA 2012. The appellant claims that the vehicle was present for only one second and that no consideration period was provided. This is incorrect. The photographic evidence demonstrates that the vehicle was observed parked for approximately six minutes. The signage at the location clearly states: “Kujawiak Customers Only” and “A valid permit must be obtained from the shop and displayed prior to shopping.” The terms further make clear that failure to comply will result in the issue of a Parking Charge Notice. The BPA Code of Practice provides for a reasonable consideration period to allow motorists to read the signage and decide whether to accept the terms. In this case, six minutes is sufficient time to read the signage, enter the shop, obtain a valid permit, and display it prior to commencing shopping, or alternatively leave the site if unwilling to comply. The vehicle remained on site without clearly displaying a valid permit. Therefore, the consideration period requirements were not breached. The appellant argues that the signage is prohibitive and incapable of forming a contract. This is incorrect. The signage clearly identifies the land as private property and sets out the conditions under which parking is permitted, namely that parking is strictly for Kujawiak customers and that a valid permit must be obtained from the shop and displayed prior to shopping. The signage therefore constitutes a contractual offer subject to clearly stated conditions. Parking is permitted only upon compliance with those conditions. A motorist who chooses to park without obtaining and displaying a valid permit accepts the contractual consequences as set out on the signage. The signage is prominently displayed, clearly legible, and photographic evidence has been provided. The appellant refers to a rejection letter dated March 2024 but issued in January 2026. The Operator acknowledges that a minor clerical error occurred in the dating of correspondence. This administrative mistake does not invalidate the PCN, affect the substantive merits of the case, or prejudice the appellant’s appeal rights. All appeal rights, including referral to POPLA, were preserved and communicated appropriately. A minor dating error does not negate a valid contractual charge arising from a breach of clearly displayed parking terms. The Operator has a valid and current agreement with the landowner authorising it to install signage, monitor compliance, issue Parking Charges, and recover unpaid charges at this location. The Operator confirms that it has full authority to manage and enforce parking at this site. Accordingly, the Operator respectfully requests that POPLA refuse this appeal and uphold the Parking Charge.

The submitted evidence documents from the Operator are exactly what I've shared here: https://postimg.cc/gallery/9VVRcpL
There is one additional photo called site map:


Could you please advice what should I do next?
I've got 7 days starting from 24 Feb, 2026 to respond on the POPLA portal.
« Last Edit: Yesterday at 09:32:28 pm by marxman »