I’ve had a go drafting something.
Appeal Against Parking Charge Notice (PCN) Issued by Private Parking Services
POPLA Reference:
PCN Reference:
Vehicle Registration:
Date of Alleged Contravention:
This is an appeal by the Keeper of the vehicle, and I raise the following points for POPLA to consider:
1. Inadequate Location Description
2. No 'Period of Parking' Specified
3. Allegation is Prohibitive, Not Contractual
4. Failure to Identify the Creditor
5. Keeper Not Liable – Driver Not Identified
Grounds for Appeal:
1. Inadequate Location Description
The NtK states the location as:
"UXBRIDGE IND EST, Wallingford Rd, Salisbury Rd, Arundel Rd, UXBRIDGE, UB8 2RZ"
This is not a single identifiable site but rather a broad grouping of separate roads which extend well beyond any identifiable 'Ind Est'. Additionally, UB8 2RZ is not a postcode that covers all those roads—on the contrary, it relates to a specific location, whereas the alleged contravention occurred at a different postcode entirely (UB8 2RP). This fails to satisfy PoFA Schedule 4, paragraph 9(2)(a), which requires the notice to “specify the land on which the vehicle was parked”. A vague and potentially misleading group reference is not sufficient.
2. No 'Period of Parking' Specified
The NtK merely states a single timestamp. PoFA para 9(2)(a) requires that the NtK “specify the period of parking to which the notice relates”. A single moment in time does not evidence a period of parking. This principle was clearly addressed in Brennan v Premier Parking Solutions (2023) [H6DP632H], where the Judge held that a timestamp alone is insufficient to demonstrate a period of parking. Without a specified duration and certainly not less than the consideration period, the NtK fails to establish that any contravention occurred, and thus keeper liability cannot arise.
3. Allegation is Prohibitive, Not Contractual
The allegation is “Parking in a No Parking Area”. This denotes a clear prohibition, not a contractual term. As per the reasoning in PCM v Bull (2016) [B4GF26K6], prohibitive signage cannot form the basis of a contract, as it offers no consideration or terms capable of acceptance. As no contract could have been formed, there can be no breach of contract and therefore no keeper liability under PoFA.
4. Failure to Identify the Creditor
The NtK uses the phrase “We, the creditor, require payment...” without identifying who “we” refers to. This is in breach of PoFA paragraph 9(2)(h), which requires that the notice must identify the creditor—meaning the specific legal entity to whom any liability would be owed. A generic and ambiguous reference that could be either the landowner, their agent or the operator
5. Keeper Not Liable – Driver Not Identified
Since this land is not relevant under PoFA, the Keeper cannot be held liable.
Furthermore, the driver has not been identified, and there is no legal presumption that the Keeper was the driver. In VCS v Edward (2023), HHJ Gargan stated:
“Simply because somebody is the registered keeper does not mean, on balance of probability, they were driving…”
The operator has provided no evidence of who was driving. They cannot hold the Keeper liable and cannot prove driver liability either.
Conclusion
Inadequate location description fails to meet PoFA
The 5-minute consideration period was not exceeded. A single moment in time is not parking (Brennan)
Allegation is Prohibitive, Not Contractual (PCM v Bull)
Failure to Identify the Creditor
No driver has been identified — Keeper liability fails.
This PCN is invalid on multiple grounds. I request that POPLA uphold this appeal and instruct the operator to cancel it.