Free Traffic Legal Advice

Hi everyone,

My cousin thought it was safe to use the Topps Tiles car park after store closing hours . The store have said they can't cancel it as  it was outside of their operating times.

The PCN was only passed on to me today and 16 days have passed. What's the best route to appeal?

PCN here:

I can't see any mention of POFA on that PCN full stop. Don't identify the driver and appeal on the basis they can't legally hold the keeper liable as they haven't complied with any of the terms of POFA.

Thanks. I would've thought they covered 9(2)(f) in the last paragraph of page 1 of the NTK. What's missing?

Quote from: ixxy on March 27, 2026, 08:27:17 am

I can't see any mention of POFA on that PCN full stop. Don't identify the driver and appeal on the basis they can't legally hold the keeper liable as they haven't complied with any of the terms of POFA.

There's no actually requirement for the PCN to mention PoFA in it's wording although I accept many PCNs do specifically mention PoFA.

Normally, non PoFA PCNs from VCS contain wording which states "we can pursue the keeper under the reasonable assumption that the keeper was the driver" or words to the effect.

To me it is unclear weather they are relying on PoFA.

But the notice is missing some key wording from para 9(2)(f).

9(2)(f) specifies;

The notice MUST warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

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;


The legislation requires that the notice must, amongst other things, warn the keeper that the parking operator is required to meet 'all applicable conditions' under Schedule 4 in order to hold the keeper liable for the unpaid charges.

The VCS notice does not do this and the sentence underlined above is missing - this renders the notice non-compliant.

For the sake of clarity, none of us are actually pros. This is free advice from volunteers!

So that you know what to expect, neither VCS nor the IAS are likely to uphold your appeals, but you will then have a chance to argue the case at court.

Do I appeal to IAS on the same grounds?

Your grounds are likely to be similar, but an IAS appeal should generally be more detailed, walking the assessor through why the PCN should be cancelled. If you take a look at other IAS and POPLA appeals here you should be able to get some inspiration for a draft to show us.

I would stick the the first point, but amplify it with a quote from the legislation in Reply #1 and in other posts.
Your point about no detriment or loss will simply generate a quote of the Beavis case.
In general if you give them multiple reasons they will ignore the difficult ones and dismiss the easy ones.

Actual submitted appeal:

I appeal on the grounds that the notice to keeper sent violates PoFA schedule 4, 9(2)(a) and 9(2)(f) by omitting the period of parking and failing to specify: "(if all the applicable conditions under this Schedule are met)". Thus, it can not be deemed that a notice to keeper was correctly served and no charges can subsequently be levied. I request for the charges to be withdrawn. Thank you

I have provided extracts from PoFA schedule 4 below:

"9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;"

"(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
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"