Free Traffic Legal Advice

Yeah makes sense.

I have received a reply from the pub the car park is attached to:

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I m afraid we don't actually own the car park its owned by Premier park you will have to contact them. Sadly we hold no say over them.

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So I guess that rules out that out.

Update!

This is the reply I received to the complaint I made:

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Dear ****

We write in response to your email dated 16th March 2025.

The PCN was issued because the vehicle was at ***Address***  for 2 hours and 22 minutes on the 14th January 2025 for ‘Failure to Pay for the Duration of Stay’.

This car park is monitored by Automatic Number Plate Recognition (ANPR) cameras which capture time and date stamped images of vehicles entering and exiting the car park to measure how long they remain on site.

The vehicle remained on site for 2 hours and 22 minutes, we can confirm we received payment for 2 hours however, as the vehicle remained on site for an additional 22 minutes without further payment, a PCN was issued.  

On the reverse of the PCN you received, there is a ‘useful information’ section that provides further information on Appeals and or Enquiries. This provides the relevant information regarding the appeals process. ‘All appeals must be submitted within 28 days (beginning with the day after that on which this notice is given)’, as we had not received an appeal in time and via the correct methods, we are unable to supply you with a POPLA code.

The PCN was issued on the 17th January 2025, as no payment or correspondence was received, a reminder letter was sent on 3rd February 2025. Both letters were sent to the same address provided to us by the DVLA. We cannot be held liable for your not having received these. It is the responsibility of the Registered keeper to ensure their address is correct and up to date with the DVLA.

After the period of 28 days beginning with the day after that on which this notice is given - the amount of the unpaid parking charge specified in this notice has not been paid in full, and we do not know both the name and current address of the driver, under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the keeper so much of that parking charge amount as remains unpaid. If we are required to take further action to recover this Parking Charge the amount due may increase to up to £170.00.

Pursuant to the Protection of Freedoms Act 2012, we are entitled to hold the Registered Keeper of a Vehicle liable for any Parking Charges which result from a breach of contract should the Registered Keeper be unable and/or declined to provide the full name and full serviceable address of the Driver of the Vehicle on the contravention date. This information has not been provided, and consequently, you as the Registered Keeper are the liable party in relation to the above Parking Charge Notice.

As set out above, our position remains that the Parking Charge Notice was issued correctly. 

Please be advised, that we have instructed Debt Recovery Plus Limited to recover the outstanding balance of the Parking Charge Notice and they continue to have conduct in this matter. Accordingly, all further correspondence concerning the Parking Charge Notice and settlement of the same will need to be sent directly to them and not ourselves. 

We thank you for contacting us and trust the above response addresses your queries. Please note, any further correspondence received from you will be logged but may not be responded to.

You have now exhausted our internal company complaints procedure. If you remain unsatisfied by our response you may contact the British Parking Association (BPA) for further escalation for complaints pertaining to parking enforcement.

You will be required to upload a copy of this response as part of your evidence submission to the BPA. If this is not provided, the BPA will be unable to consider your complaint.

Further information can be found by visiting the BPA’s AOS Complaints Portal can be found by visiting https://www.britishparking.co.uk/Contact-Us-Public

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So they didn't give me a POPLA code and conveniently avoided addressing any of the actual points in the complaint

Thanks for the reply.

Just want to check with you. When it says:

That section requires operators to engage with complaints in a structured and transparent way, and where the complaint cannot be resolved, to confirm that the internal complaints process has been exhausted and issue a complaint reference number for escalation to the BPA.

and in the complaint to the DVLA

They also failed to deal with the complaint as a complaint under Section 11.1, and have refused to confirm that their internal complaints procedure has been exhausted or to issue a BPA complaint reference number, thereby obstructing escalation.

Haven't they done that by this line in their complaint rebuttal?

You have now exhausted our internal company complaints procedure. If you remain unsatisfied by our response you may contact the British Parking Association (BPA) for further escalation for complaints pertaining to parking enforcement.

Also would a complaint reference number look like this: 12345678-01PP?


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And just so I understand when it says:

9(2)(e)(i) breach – failing to invite the Keeper to pay, instead stating the driver is liable.

We are attacking their failure to 'invite' the keeper to pay and just said that the keeper is liable. Instead of an direct invitation to pay it was information and who is liable, with the implied threat. And so the whole section is invalidated

In the NtK one of the first lines is "Please pay the reduced charge of £60.00 now."
And in the 'final reminder' it says "Pay your charge in full"

Could they claim these were invitations?

I looked through Pofa2012 and it does say: "the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid"

Is that actually strong enough to invalidate the whole section? Even if it were to go to court? Do they have to directly say something like: "We now invite you, the keeper, to pay the outstand charge" under this regulation?

In the response there is a complaint number in the format 12345678-01PP, but on first look I thought that was just their internal complaint number not the BPA complaint number that we asked for, they didn't make it clear.


So do I still send the response to them? Considering that they have told me I exhausted their complaints procedure and they did supply a complaint number?

You have now exhausted our internal company complaints procedure. If you remain unsatisfied by our response you may contact the British Parking Association (BPA) for further escalation for complaints pertaining to parking enforcement.

I edited out those parts:

Dear Sir/Madam,

Your response dated [insert date] fails to discharge your obligation under the Private Parking Single Code of Practice (PPSCoP).

Under Section 11.2, you were required to treat my formal complaint—because it relates to a parking charge—as an appeal. You have failed to properly consider the points raised, provided no meaningful response to the detailed issues of Keeper liability under PoFA, and crucially, have failed to issue a POPLA code, which is required if you reject an appeal.

If you continue to fail in your duties under the Code of Practice, I will report this separately as non-compliance. For the avoidance of doubt, I am also submitting a formal complaint to the DVLA regarding your misuse of keeper data and your failure to engage properly with the data subject. That complaint will proceed regardless of the outcome of your internal processes.

I expect your full response and the required reference number within 7 days.

Yours faithfully,

[Your Name]

And to the DVLA

I wish to raise a formal complaint regarding Premier Park Ltd and their breach of the Keeper at Date of Event (KADOE) contract.

Premier Park obtained my keeper data from the DVLA under the terms of the KADOE contract, which requires full compliance with the Private Parking Single Code of Practice (PPSCoP). However, they have failed to comply with key requirements of that Code.

Specifically, I submitted a formal complaint under Section 11.2 of the PPSCoP, which requires a complaint relating to a parking charge to be treated as an appeal. Premier Park failed to consider the appeal on its merits and did not issue a POPLA code, as they are required to do if rejecting an appeal.

This failure amount to breaches of the PPSCoP and therefore a breach of the KADOE contract. I request that the DVLA investigates this matter and takes appropriate enforcement or sanction action against Premier Park Ltd.

PCN Reference: [Insert PCN Reference]
Vehicle Registration Number: [Insert VRM]