Free Traffic Legal Advice

Hi all,

I have just received an outcome for POPLA and unfortunately the appeal has been unsuccessful on this occasion.

Decision
Unsuccessful
Assessor Name
Stuart Lumsden
Assessor summary of operator case
The operator has issued the parking charge notice (PCN) due to no valid pay and display ticket.

Assessor summary of your case
The appellant has raised the following points from their grounds of appeal: • The windscreen notice is a Notice to Driver (NTD) and the Notice to Keeper (NTK) was premature as the operator must wait 28 days before issuing a NTK after issuing the NTD. • The NTK does not comply with PoFA. • UKPC have not proved the the individual being pursued is the driver. • The operator has breached the BPA Code of Practice due to inadequate signage and as such, no contract can be formed. • There is no evidence of landowner authority. The appellant has provided the following as evidence to support their appeal: • A copy of a notice attached to the windscreen. The above evidence will be considered in making our determination.

Assessor supporting rational for decision
POPLA is a single stage appeal service, we are impartial and independent of the sector. We consider the evidence provided by both parties to assess whether the PCN has been issued correctly by the parking operator and to determine if the driver has complied with the terms and conditions for the use of the car park or site. Our remit only extends to allowing or refusing an appeal. I acknowledge the appellants grounds of appeal and evidence provided of a note attached to their windscreen advising they will be sent a PCN through the post. I appreciate the wallet it was encased in, but it is not a Notice to Driver, it’s just an advisory notice explaining a PCN will be sent. It does not breach any code or PoFA as it is not a NTD. I acknowledge no driver details have been provided and as such, I need to establish if the operator has complied with the requirements of the Protection of Freedoms Act (PoFA) 2012. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle to the registered keeper of the vehicle, the regulations laid out in PoFA must be adhered to. PoFA schedule 4, is a piece of legislation which enables operators to pursue the keeper of a vehicle when they do not have the drivers name or contact details. I have reviewed the PCN and note that the breach occurred on 18th September 2024, and the PCN was issued on 20th September 2024, well within 14 days specified in PoFA. The Notice to Keeper goes on to state that if after 28 days the full amount has not been paid and they do not know the name and address of the driver, they have the right to purse the registered keeper. It also instructs the keeper to pass the notice to the driver. As such, I must conclude that the operator has complied with the requirements of PoFA. As the operator is relying on PoFA, they do not need to demonstrate who was driving as they can hold the keeper liable, which is the appellant. The parking operator is a member of the British Parking Association (BPA) and must comply with it’s Code of Practice which sets out minimum guidelines for private parking operators. Section 19.3 of the Code relates to specific terms signs and states: Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. I have reviewed the parking operators evidence pack, and it has provided date stamped images of signs throughout the site next to the appellants vehicle. The signs advise that motorists must display a valid pay and display ticket. The operator has provided images of the appellants vehicle parked on site without a ticket on display. As the operator has shown that clear and compliant signs are in place and was next to the appellants vehicle, they have demonstrated that they have fully complied with the code of practice above. It’s always the responsibility of the driver to review the signs once parked and comply with the terms and conditions. As no pay and display ticket was on display, I must conclude that the PCN was issued correctly. I note the driver has questioned landowner authority and as such, I have reviewed the document provided. Section 7.1 of the Code of Practice relates to written authorisation and states: If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges. The operator has provided a copy of the landowner agreement which stipulates the land in question, the date of the agreement from 2012 for an initial 12 month period and is also signed by both parties. As signs were clearly still visible and in place at the time of the breach, I find this more than suitable to demonstrate the operator has authority to issue PCN’s on site. After considering the evidence, I can see that the terms of parking were made clear, and that the driver broke them by failing to display a valid pay and display ticket. I am satisfied that the PCN was issued correctly and refuse this appeal. Any questions relating to payment of the parking charge should be directed to the operator.

Hi,

Nope, did not receive any evidence pack at all.

Ok, thanks for the information you provided on the usual process of things going forward.

I have thought about just paying the £60 or whatever amount it is to finish the matter? I have a lot of stuff going on at the moment and to be honest could do without the stress. One part of me wants to take it to the next steps and see how its pans out.

There was also no response from the hospital the letter we sent them, they stopped replying to my emails.

Thank you.

Never mind. Their decision is not binding on you and has no bearing on anything going forwards. Do not pay anything.

Did you not receive a copy of the operators evidence pack at some stage after you submitted the POPLA appeal? If so, why did you bot show us? Did you respond to the operators evidence pack?

This POPLA assessor has a bit of a reputation for being ignorant in most matters of contract law and I have already drafted a few formal complaints about his flawed decision making and obvious lack of sufficient contract law knowledge.

This is what is going to happen next... you will receive a bunch of useless Debt Recovery Agent (DRA) letters which you can safely ignore. They are powerless except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. Ignore them.

Eventually, you will receive a Letter of Claim (LoC), most likely from DCB Legal (not DCBL). When you get the LoC, come back and we will advise on how to respond. After that, you will receive an actual N1SDT Claim Form from the CNBC. Again, we will provide a suitable defence. After many months (could be up to a year or even more), the claim will be either struck out or discontinued and that will be the end of the matter. There is less than 1% chance that this will ever go as far as a hearing.

Just ignore everything now except either an loC or the claim. We do not need to know about the useless and powerless DRAs.

Of course they will be demanding payment. It does not mean that you owe them the money.

Our advice is to not pay it and ignore all the debt recovery letters that are going to follow. The debt collectors are powerless except to scare the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

Once they realise that you are not low-hanging fruit they will then issue a Letter of Claim (LoC) and then an N1SDT Claim Form. We would provide a suitable defence and eventually they will discontinue.

However, you sound as though you are going to capitulate and become a part of the problem rather than part of the solution. This is exactly what these predatory companies want... lambs to the slaughter.

You either fight this all the way to a win or you waste your money.

Sigh... it never ceases to amaze ma how many people have absolutely no idea of the processes behind all this and irrational fears that bailiffs can just come knocking at your door. Read on:

Why no bailiff can knock on your door

1. County Court Judgment (CCJ):

• A bailiff (enforcement agent) can only get involved after a creditor has obtained a CCJ against you in a county court.
• If the CCJ is under £600, the creditor cannot transfer it to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Instead, enforcement would remain under the county court's jurisdiction.

2. Threshold for High Court Enforcement:

• If a CCJ is over £600 (including fees and interest), the creditor can transfer it to the High Court for enforcement by an HCEO. This is a common method because HCEOs tend to be more effective at recovering money.

3. Cost-Benefit Analysis for Creditors:

• For CCJs under £600, creditors may find it uneconomical to pursue enforcement through county court bailiffs, as they are generally slower and less effective than HCEOs.
• As a result, creditors may opt not to escalate enforcement for small amounts.

4. Private Parking Charges and Bailiffs:

• In the context of private parking charges, no bailiff action can occur unless the parking operator has gone to court, won a case, obtained a CCJ, and you fail to pay the judgment within the stipulated time (usually 30 days).

So, no bailiff will come to your door for a debt under £600 unless the creditor deems it worth pursuing through county court enforcement. However, even if the debt is over £600, bailiff involvement only happens after a CCJ is issued, and enforcement is transferred to the High Court.

Nothing we advise on here will make anyone get a CCJ.

A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.

• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.

•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).

• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.

• Debt collectors have no power—they just send letters and can be ignored.

• No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).

• This is a warning that they may start a court case.

• The recipient has 30 days to reply before a claim is filed.

• No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.

• The court sends a Claim Form with details of the claim and how to respond.

• The recipient has 14 days to respond (or 28 days if they acknowledge it).

• No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.

• If the recipient ignores the claim, the parking company wins by default.

• No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.

• If they pay within 30 days, no CCJ goes on their credit file.

• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.

• The person loses or ignores the case.

• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.

@jfollows, there are no "fines" involved in civil litigation. The county court cannot and will not impose any "fine" as this has nothing to do with statutory law and penalties.

If this ever gets to court and all the way to a hearing (unlikely), the county court is simply the ultimate dispute resolution service. The operator (the claimant) says you owe them a debt. You say you don't. A judge will hear the arguments of both sides and based on the facts, will decide whether you owe the debt or not. It is as simple as that. Even if you were to be unsuccessful, it is highly likely that you would pay less than the amount claimed, because extra costs and damages are not allowed in the small claims track of the county court. That is why it is known as the "small claims" court.

So, court in this sense is nothing to do with criminal law. That is for higher courts such as the magistrates court, high court and above. This is simply  a way to settle claims over an alleged debt and you don't have a debt until a judge says you do.

For anyone with an overactive imagination and thoughts about the Old Bailey, wigs and gowns, here is a short video to explain how a small-claims hearing is conducted in the county court:

https://youtu.be/n93eoaxhzpU?feature=shared

Hi all, thank you for all the information. I have decided to not make any payment and see where it leads from the advice you guys have given. As long as i have yourselves on my side for help and advice i will take it all the way

@jfollows, there are no "fines" involved in civil litigation. The county court cannot and will not impose any "fine" as this has nothing to do with statutory law and penalties.




If this ever gets to court and all the way to a hearing (unlikely), the county court is simply the ultimate dispute resolution service. The operator (the claimant) says you owe them a debt. You say you don't. A judge will hear the arguments of both sides and based on the facts, will decide whether you owe the debt or not. It is as simple as that. Even if you were to be unsuccessful, it is highly likely that you would pay less than the amount claimed, because extra costs and damages are not allowed in the small claims track of the county court. That is why it is known as the "small claims" court.

So, court in this sense is nothing to do with criminal law. That is for higher courts such as the magistrates court, high court and above. This is simply  a way to settle claims over an alleged debt and you don't have a debt until a judge says you do.

For anyone with an overactive imagination and thoughts about the Old Bailey, wigs and gowns, here is a short video to explain how a small-claims hearing is conducted in the county court:

https://youtu.be/n93eoaxhzpU?feature=shared