DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 120190--------------------------------------------------
Re: Notice To Keeper for Vehicle Parked on yellow lines/hatched
area - Request for Advice
DIR By: taylorjohn21
Date: May 31, 2026, 9:41 am
---------------------------------------------------------
Following the rejection of my appeal by the car park company I
have decided to go to POPLA.
Below is the text I intend to send - the documents quoted,
below, can be found in the image link on the first
post submitted for this thread.
Please tell me what you think?
--- Quote ---
>
> I am appealing the parking charge as I believe it was issued
incorrectly, on the following grounds listed below.
>
> Please note there will be no admission as to who was driving
and no assumptions can be drawn.
>
> 1. The Notice to Keeper was not served within 14 days of the
alleged breach of contract to allow liability transfer to the
driver.
> The alleged breach of contract was recorded on 20/03/2026, the
Notice To Keeper was issued on 25/03/2026, but only delivered,
> by post, on 09/04/2026.
>
> 2. UKPC failed to comply with the British Parking
Association's Code of Practice.
>
> The Private Parking Sector Single Code of Practice states that
for a premises which holds more than 500 parking spaces a
minimum
> consideration period of 10 minutes be must given before a
parking charge can be issued (see Annex B pages 34-36). The
vehicle
> entered the Edgware Broadwalk Centre at 10:49, while the
Notice to Keeper states the alleged breach of contract occurred
at 10:57.
> This is 2 minutes before the end of the minimum consideration
period.
>
> 3. There was no opportunity to pay the reduced parking charge
of £60 since the 14 day window to do so had
> already passed when the Notice to Keeper was delivered.
> As stated in point 1, the Notice to Keeper was delivered by
post on 09/04/2026. This is after the Notice To Keeper
> Final Reminder, demanding full payment of £100, had been
issued on 08/04/2026.
>
> The following documents have been submitted in support of the
appeal.
>
> 1) The Notice To Keeper
> 2) The Car Park Entry Ticket
> 3) The Notice To Keeper Final Reminder
>
> Yours sincerely
>
>
> John Taylor
--- End Quote ---
#Post#: 127803--------------------------------------------------
Appeal rejected even though PPSS Code of Practice clearly
breached when Parking Charge issued
DIR By: taylorjohn21
Date: August 14, 2026, 10:25 am
---------------------------------------------------------
My appeals to the parking company and POPLA on the basis that
the Private Parking Sector Single Code of Practice was not
complied with,
when the parking ticket was issued have been rejected.
Specifically, I appealed on the basis that the Notice to Keeper
was not received within 14 days of the alleged breach of
contract to allow liability transfer to the driver and no record
of the date of the actual posting of the Notice To Keeper was
provided by the parking operator, even though this is a
requirement
stipulated In the Private Parking Sector Single Code of Practice
Section 8.1.2 on pages, 20-21 Note 2.
I have contacted the British Parking Association to see if I can
raise a complaint about this judgement with them, but
is there anything else I can do?
I can provide the text of the Assessor's judgement if needed.
Thank you
John Taylor
#Post#: 127830--------------------------------------------------
Re: Notice To Keeper for Vehicle Parked on yellow lines/hatched
area - Request for Advice
DIR By: InterCity125
Date: August 15, 2026, 1:54 am
---------------------------------------------------------
Please post up the full POPLA response including the Assessor's
name.
I'm concerned that you keep mentioning the 'transfer of
liability to the driver' - surely you mean the transfer of
liability from the unknown driver to you, the keeper?
#Post#: 127932--------------------------------------------------
Re: Reply to InterCity125 - Request for Advice
DIR By: taylorjohn21
Date: August 16, 2026, 10:52 am
---------------------------------------------------------
Thank you for your response.
As requested, I have uploaded the full POPLA response (including
the Assessor's name) to following link below.
HTML https://drive.google.com/drive/folders/19U0t7oJnW9g1G7uKyxxUywG9kLK8eLbF?usp=drive_link
HTML https://drive.google.com/drive/folders/19U0t7oJnW9g1G7uKyxxUywG9kLK8eLbF?usp=drive_link
I have also uploaded the following documents in case this is
helpful.
Text of my appeal to POPLA.
The case summary submitted by the parking operator to POPLA.
My comments on the case summary submitted by the parking
operator.
--- Quote ---
> I'm concerned that you keep mentioning the 'transfer of
liability to the driver' - surely you mean the transfer of
liability from the unknown driver to you, the keeper?
--- End Quote ---
Thank you for picking up on this - yes, I mean the transfer of
liability from the (unknown) driver to the keeper.
#Post#: 127933--------------------------------------------------
Re: Follow up on Reply to InterCity125 - Request for Advice
DIR By: taylorjohn21
Date: August 16, 2026, 10:58 am
---------------------------------------------------------
I believe the decision by POPLA to reject my appeal ignores a
key section of the Private Parking Sector Single
Code of Practice - specifically, when the assessor states,
--- Quote ---
> Furthermore, I can see that the Notice to Keeper was issued
within the relevant period, as it was issued on 25th March 2026,
which was five days after the date of breach. I have considered
the appellant’s screenshot from the code of practice, as well as
their envelope image, and whilst I note they have highlighted
8.1.2, this part of the code does not mention that a postmark
date needs to be on the envelope. In the absence of any evidence
to support otherwise, I am satisfied that the date the PCN is
sent is deemed to be the date of issue. As such, there is no
evidence to show that the PCN was not sent on 25 March.
--- End Quote ---
This completely ignores the requirement stipulated in the
Private Parking Sector Single Code of Practice under Section
8.1.2 - Note 2 (pages, 20-21)
that parking operators must retain a record of the date of
posting of a notice, not simply of that notice having been
generated
(e.g. the date that any third-party Mail Consolidator actually
put it in the postal system.).
I have uploaded a screenshot of the section of the Private
Parking Sector Single Code of Practice which refers to this
requirement in the above link.
#Post#: 127938--------------------------------------------------
Re: Notice To Keeper for Vehicle Parked on yellow lines/hatched
area - Request for Advice
DIR By: tincombe
Date: August 16, 2026, 11:45 am
---------------------------------------------------------
You're flogging a dead horse IMO.
Anyway, I believe the decision by POPLA to reject my appeal
ignores a key section of the Private Parking Sector Single
Code...
Sorry to say, but so what?
There's no appeal against a POPLA decision and IMO a judge
wouldn't really care about alleged minor and inconsequential
failures by POPLA(the assessor was not acting irrationally when
they reached their decision. It's not about truth and lying,
it's about evidence, balance of probabilities and judgement).
IMO the only question at issue is whether a judge would find
that the NTK met the requirements of PoFA. And I think they
would on this point because the NTK's stated date of posting was
25 March and the last day of the 14-day period was 2 April.
#Post#: 127941--------------------------------------------------
Re: Notice To Keeper for Vehicle Parked on yellow lines/hatched
area - Request for Advice
DIR By: taylorjohn21
Date: August 16, 2026, 12:36 pm
---------------------------------------------------------
--- Quote ---
> There's no appeal against a POPLA decision and IMO a judge
wouldn't really care about alleged minor and inconsequential
failures by POPLA(the assessor was not acting irrationally when
they reached their decision. It's not about truth and lying,
it's about evidence, balance of probabilities and judgement).
IMO the only question at issue is whether a judge would find
that the NTK met the requirements of PoFA. And I think they
would on this point because the NTK's stated date of posting was
25 March and the last day of the 14-day period was 2 April.
--- End Quote ---
But I only received the NTK in the post on the 9th April which
is after the end of the 14-day period for liability transfer to
the registered keeper. Under the law a notice sent by post is
presumed delivered 2 business days after posting. However, if
the operator kept no record of when it was actually posted they
cannot legally prove compliant service to a court. The 25 March
is the date when the NTK was generated not the actual date of
posting.
This is how I understand the law, is this correct?
#Post#: 127951--------------------------------------------------
Re: Notice To Keeper for Vehicle Parked on yellow lines/hatched
area - Request for Advice
DIR By: tincombe
Date: August 16, 2026, 1:52 pm
---------------------------------------------------------
Where's your proof regarding 9th?
And as 'They have given me the option to pay the reduced parking
charge of £60.00,', IMO you would not succeed in court, but it's
your right to take it this far.
#Post#: 127953--------------------------------------------------
Re: Notice To Keeper for Vehicle Parked on yellow lines/hatched
area - Request for Advice
DIR By: taylorjohn21
Date: August 16, 2026, 2:08 pm
---------------------------------------------------------
--- Quote from: tincombe link ---
>
> Where's your proof regarding 9th?
>
> And as 'They have given me the option to pay the reduced
parking charge of £60.00,', IMO you would not succeed in court,
but it's your right to take it this far.
>
--- End Quote ---
The NTK arrived on the 9th April, period.
Again, as I understand it, the burden of proof is on the parking
operator to show when the NTK was actually posted.
I have looked at a number of legal sites on the internet and
they all say the same thing about this.
Is this legally correct?
Initially, there was no opportunity to pay the reduced parking
charge of £60 since the 14 day window to do so had already
passed when the Notice to Keeper was delivered.
#Post#: 128123--------------------------------------------------
Re: Notice To Keeper for Vehicle Parked on yellow lines/hatched
area - Request for Advice
DIR By: taylorjohn21
Date: August 18, 2026, 5:10 am
---------------------------------------------------------
Is somebody able to confirm the legal position regarding the
posting of NTKs?
The postage date of a NTK is the date the NTK is actually
posted.
It is not the date the NTK was issued - i.e the date on the NTK
itself.
Is this the correct legal position?
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page