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#Post#: 115814--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: DWMB2
Date: April 14, 2026, 4:41 am
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--- Quote from: holycow link ---
>
> Do I appeal to IAS on the same grounds?
>
--- End Quote ---
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.
#Post#: 116531--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: April 21, 2026, 5:03 am
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Draft to IAS (feedback requested)
I appeal to you 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)".
I would also hasten to add that the contravention is alleged to
have occurred outside of store opening hours thus there is no
possibility of any detriment having been caused to the
landowner.
For these reasons I kindly request that you overrule the charge.
Thank you
#Post#: 116535--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: jfollows
Date: April 21, 2026, 5:27 am
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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.
#Post#: 116538--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: DWMB2
Date: April 21, 2026, 5:49 am
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--- Quote from: jfollows link ---
>
> Your point about no detriment or loss will simply generate a
quote of the Beavis case.
>
--- End Quote ---
Indeed - they are not alleging that the landowner has suffered
any loss. They are arguing that they have suffered loss, insofar
as the driver entered a contract whereby he agreed to pay VCS
£100, and they haven't received their £100.
#Post#: 116581--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: April 21, 2026, 9:48 am
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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"
#Post#: 116843--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: April 23, 2026, 6:26 pm
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The operator made their Prima Facie Case on 23/04/2026 15:03:37.
The operator reported that...
The appellant was the keeper.
The operator is seeking keeper liability in accordance with
PoFA..
The Notice to Keeper (Non-ANPR) was sent on 10/03/2026.
The ticket was issued on 10/03/2026.
The charge is based in Contract.
The operator made the following comments...
1. Unit 1, Topps Tiles is a private Car Park which motorists are
allowed to enter for the purpose of access and to park their
vehicle as long as they abide by any Terms and Conditions
displayed.
2. The signage where the appellant parked their vehicle onsite
states: ‘Topps Tiles Customer Parking Only Whilst on the
Premises Park Wholly Within the Lines of a Single Marked Bay'.
The signage makes it clear that any motorist parking in
contravention of the terms and conditions will be liable for a
PCN.
3. Site Photographs supplied show that the signage is
appropriately within the car park. The adjudicator will note
that the VCS signage onsite, including its wording and
positioning has been audited by the IPC, has passed audit,
complies with the Code of Practice and is deemed fit for
purpose.
4. Enforcement for parking contraventions at this car site is
undertaken by patrol officers who use a Hand Held Terminal (HHT)
to record details of any vehicle and its registration number,
which may be parked in contravention of the advertised Terms &
Conditions. Those images and other relevant information are
uploaded in real time to a secure portal, where the information
is reviewed. No formal Parking Charge Notice is affixed to the
vehicle; instead, a Notice to Keeper is subsequently issued by
post, this practice falls in line with the process and
procedures as per site management using ANPR technology.
5. As registered keeper, we are holding the appellant liable for
the Charge Notice under Schedule 4 of the Protection of Freedoms
Act 2012, details of which were explained in the formal Notice
sent on 05/03/2026. We note that the appellant has also declined
to name the driver of their vehicle at the time of the incident
in question. It is important that we make the adjudicator aware
that we will rely on the keeper liability provisions within
Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) and as
such, do not require those details.
6. The NTK is PoFA compliant.
7. The design, wording and layout of the NTK comply with our
industry's Single Code of Practice.
8. A series of images were taken showing the location of the
vehicle in relation to the signs on site, they are time and date
stamped and show the appellant's vehicle parked adjacent to at
least one of the warning signs.
9. The Patrol Officer (PO) observed the appellant's vehicle in
situ. When digitally recording the contravention the PO noted,
‘Contra 81. parked in topps tiles parking and went to the
mosque.'
10. Contravention photographs supplied, which are time and date
stamped, show the appellant's vehicle parked in situ for over a
minute, in close proximity to VCS contractual signage.
11. As the driver was observed leaving the site, they ceased to
be a customer on the premises. The appellant's vehicle was
therefore parked contrary to the Terms and Conditions of parking
during this time. No evidence has been presented that contests
the PO's statement.
12. A grace period would normally be allowed on a car park in
respect of vehicles which are permitted to park; however in this
case, as the driver was observed to leave the premises, the
vehicle was not permitted to park where it did and no grace
period was applicable.
13. The contract between the appellant and VCS was formed when
the motorist entered the site. When entering this private land,
a motorist freely enters into an agreement to abide by the
conditions advertised in return for permission to enter. It is
the motorist's responsibility to ensure that they abide by any
clearly displayed terms and conditions; otherwise the motorist
would face liability for a Charge Notice.
14. The appellant had no cause to believe that they could park
onsite when they were not a Topps Tiles' customer.
15. It is the motorist's responsibility to ensure that they are
familiar with the Terms and Conditions displayed on the signage
in private land on which they park. We maintain that our signs
are clearly visible and meet the requirements set by the
International Parking Community guidelines. As established
members of the International Parking Community, we adhere to
their Code of Practice. This Code of Practice gives
recommendations in regards to the signage within the car park.
The signs within the car park fully comply with the
recommendations outlined in the Code of Practice and are
therefore deemed reasonable. At the time of the contravention
the vehicle would have been using headlights. Headlights would
have illuminated our signage, which is reflective for this
purpose. Once the presence of the signs is revealed, it is the
motorist's responsibility to ensure that they have read the
signs and are familiar with the Terms and Conditions before
leaving their vehicle parked in situ.
16. A helpline telephone number (open 24 hours per day) is
clearly displayed on all VCS signage for any motorist
experiencing difficulty or who has any questions or concerns.
This was not utilised by the motorist. If the terms and
conditions were in any way unclear to the motorist, or they were
unsure if they applied to them, they had the option of
contacting us for advice.
17. We maintain that the terms and conditions were sufficiently
brought to the appellant's attention at the time of the parking
event.
18. By parking in an area for customers of Topps Tiles only
whilst not a customer, the appellant became liable for this
charge as per the displayed Terms and Conditions.
#Post#: 116844--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: April 23, 2026, 6:30 pm
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I have until 30 April to respond to the operator. Can I also
argue that the contravention photos don't prove the parking
location, nor that the driver left the site?
HTML https://drive.google.com/file/d/1DeFfl8ycuvFOTKkMkIpzA1kxGza3stzZ/view?usp=drivesdk
HTML https://drive.google.com/file/d/1WAUePXg73KtA5Nsk37XePACIJd89d8iK/view?usp=drivesdk
#Post#: 117247--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: holycow
Date: April 28, 2026, 11:20 am
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I only have 2 days left to respond. Is there anything worthwhile
I can say?
#Post#: 117251--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: DWMB2
Date: April 28, 2026, 12:37 pm
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You can mention that the only 'evidence' they have provided is a
claim that the patrol officer observed the driver leaving the
site.
I'm not sure I would argue the point around the location, unless
the location they are alleging is incorrect...?
#Post#: 117261--------------------------------------------------
Re: VCS PCN received after store closing hours
DIR By: Sander333
Date: April 28, 2026, 1:52 pm
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Unless I a mistaken the case of VCS vs Ibottson is relevant here
as the parking operator staff made no effort to engage with the
driver in order to prevent them from breaching the terms and
conditions. I cannot make out the actual wording of the sign(s).
Is the location only serving Topps tiles or are any other
businesses sharing the location. Are there any warning signs
stating something like you are now leaving theses premises also
they need to provide an area map showing the boundary. Ask for
photos taken the parking operator showing the evidence of the
driver leaving the premises.
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