I also had a fine for a car being on their land. I appealed as per the statement you advised to use but I have received this back. Any help would be appreciated. See below.
17/11/2025
Dear Mr Dean Salmon,
Re: Parking Charge Notice Number 114634 (Vehicle: DE65XDX)
POPLA Verification Code: 1433215004
Site: Trade city
Issue date: 28/10/2025
Contravention: Parked on or within a no parking area
Thank you for your appeal received on 10/11/2025 regarding the above detailed Parking Charge Notice. We have
reviewed the case and considered the comments you have made. This appeal has been considered in conjunction
with the evidence gathered by the parking attendant. Our records show the notice was correctly issued as the
vehicle was parked in breach of the Terms and Conditions of Parking.
Whilst we appreciate your concerns and the comments raised; the vehicle was parked on private land, in a no-
parking area; this means that parking for any amount of time is not allowed, in breach of the terms and conditions,
the vehicle registration mark was not exempt from parking terms at the above location, and no supporting
evidence was submitted in the first instance to support authority from the operator to use the space.
Within the appeal, you claimed that the Notice to Keeper does not comply with the requirements of Schedule 4 of
the Protection of Freedoms Act 2012.
The notice states:
' ... This Parking Charge Notice has been issued to the above-mentioned vehicle due to a breach of the Terms &
Conditions of Parking at the location noted above. The Parking Charge is now payable to C.U.P Enforcement as
the Creditor. The Parking Charge notice of £100 is due for payment within 28 days of the notice date. If paid within
14 days of this notice date the amount payable will be reduced to £60.
The signage displayed at the entrance of the car park and throughout states that the site is private land operated
by C.U.P Enforcement (the creditor). The conditions detailed on the signage must be complied to or a Parking
Charge Notice will be incurred. Motorists who choose to park their vehicle in the car park are thereby agreeing to
be bound by these terms. As the motorist has contravened the terms and conditions detailed on the signage, a
parking charge notice has been issued and is now payable to C.U.P Enforcement.
Protection of Freedoms Act 2012 Paragraph:
You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of
the vehicle is required to pay this parking charge in full. If you were not the driver of the vehicle at the time, please
inform us of the name and current postal address of the driver and pass this notice on to them. This information
can be supplied online at: cupenforcement-liability.zatappeal.com
You are advised that if, after 29 days from the date 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 as the vehicle s
Registered Keeper. This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of
Freedoms Act 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of the Act.
Should you provide an incorrect address for service, we may pursue you for any Parking Charge amount that
remains unpaid. Should you identify someone who denies they were the driver, we may pursue you for any
Parking Charge amount that remains unpaid. Please see reverse for details of how to pay, transfer liability, or
appeal this PCN ... '
CUP Enforcement is authorised to issue clearance, parking permits and charges under PoFA 2012 in cases of
contravention. As detailed above, the notice is PoFA 2012 compliant.
The driver entered a contract with CUP due to the following: Firstly, there was an offer, which was reasonably
brought to attention via signage at the site which sets out the terms and conditions. Secondly, the driver was
afforded a reasonable opportunity to read and understand the offer and consequently, is now required to comply
with the contract. Ultimately, it is the responsibility and duty of the motorist to ensure upon arrival, that they seek
out, read and comply with terms and conditions accepted upon parking if they wish to use land that does not
belong to them. By parking the vehicle in contravention, they accept the potential consequence of incurring a
PCN. Terms and conditions were undoubtedly displayed and contact information is displayed on all CUP signage,
however, none was made. Unfortunately, sufficient evidence was not provided in order to warrant the cancellation
of the PCN. In line with PoFA 2012, as the contact details of the driver have not been provided, the registered
keeper is now liable for the parking charge notice. The terms and conditions are displayed on CUP signage
throughout the development to notify drivers of the contractual agreement when entering the above location. We
can confirm the officer followed the correct procedure and the PCN was issued correctly.
The Private Parking Sector Single Code of Practice (SCoP) sets the standards with which parking operators that
are regulated by The British Parking Organisation and The International Parking Community need to comply.
Section 2.19a of SCoP sets the definition of parking as: a vehicle entering and remaining on controlled land.
Section 2.19b of SCoP defines the action of being parked as: a vehicle being stationary other than in the course
of driving. A vehicle may be deemed to be parked whether or not the driver has vacated the vehicle/turned off the
ignition. The evidence shows it was stationary; hence, was observed as being parked - this observation stands.
As parking was prohibited in this area, there was a breach of the terms and conditions indeed.
A stationary vehicle is classed as parked whether or not the driver or any passengers are waiting within the vehicle
or in the surrounding area, and whether or not the engine is running. Parking standards are a matter of safety,
security and etiquette. Responsibility rests with the driver to ensure the area selected for stay, no matter the
occasion or duration, is suitable and parking complies with current terms and conditions. The time and date
stamped photographic evidence submitted by the operative, captured the vehicle parked at the location. Our
sitemaps confirm the signage at the site was clear, legible, unobstructed, in full operation and in proximity to the
vehicle.
Please note wardens are not obligated to place notices on vehicles parked within sites where signage is already
on display, or communicate directly with motorists and have the right to complete their duties without harassment.
Motorists are at liberty to park elsewhere. Those who choose to park on private land without permission are
trespassing therefore, any vehicle found parked without due authorisation from the parking operator will incur a
charge.
Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal.
When parking on private land, the motorist agrees to abide by any clearly displayed conditions of parking in return
for permission to park. This location is private property and is managed by CUP Enforcement on behalf of the
landowner. CUP Enforcement fully complies with the guidelines set by the British Parking Association. Please note
photographic evidence is taken with every PCN that is issued.
Payments made at this time will be for the amount of £60.00 within 14 days of the date of this notice. Failure to pay
the amount may result in further costs being incurred and may also result in CUP Enforcement, reluctantly
instructing a Debt Collection Agency to collect any sum due.
You have now reached the end of our internal appeals procedure and therefore you now have two options: You
can pay the total amount due or you can appeal to an Independent Appeals Service, POPLA (Parking on Private
Land Appeals) within 28 days using the POPLA Reference code provided. Should you wish to make a second
appeal, this can be done through POPLA - the independent appeals service - at
www.popla.co.ukBy 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 further appeal then
you must do so to POPLA, as outlined here. Your POPLA verification code is 1433215004
Please note that if you wish to appeal to POPLA, and should POPLA's decision not go in your favour, you will then
be required to pay the full amount of £100.00 and all further charges.
Yours sincerely,
Appeals Department
CUP Enforcement
