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#Post#: 116136--------------------------------------------------
UKCPS - Driver observed Leaving site - Regent Street Leeds
DIR By: Mudyboots
Date: April 17, 2026, 3:15 am
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Hi all, new to forum so apologies if I miss something!
I got a fine from UKCPS at regent street car car for "Driver
observed leaving site" at 20:39 hours. They had pictures of the
car, none of the driver nor was there 2 time stamps. I have
attached a pic of the sign on site.
I sent the following response
"I write to formally appeal the above Parking Charge Notice
issued by UKCPS on the stated basis that the “driver was
observed leaving the site.”
I deny any liability for this charge and require its immediate
cancellation on the following grounds:
1. Lack of Evidence - No evidence has been provided to
substantiate the allegation. In accordance with the principles
of fairness and transparency set out in the British Parking
Association (BPA) Code of Practice, operators are required to
provide sufficient evidence to support a parking charge.
I require you to provide strict proof of your claim, including
clear, time-stamped photographic or video evidence showing the
driver leaving the site, as well as evidence demonstrating how
the individual observed was linked to the vehicle in question.
2. Unclear and Unenforceable Terms- If the charge is based on a
contractual term prohibiting leaving the site, such a term must
be clearly stated on signage and prominently displayed.
In the absence of clear, legible, and prominent signage, no
contract can be said to have been formed. This position is
supported by the decision in ParkingEye Ltd v Beavis, which
confirmed that for parking terms to be enforceable, they must be
clearly communicated.
Please therefore provide:
Photographs of all signage at the site
A site map showing signage locations
Evidence that the signage was in place and visible on the date
in question
3. Breach of BPA Code of Practice- The BPA Code of Practice
requires operators to act reasonably and not issue charges based
on unreliable or unverified observations. The allegation of
“leaving site” is inherently subjective and prone to error,
particularly without supporting evidence.
If your operative made this observation, I require:
A contemporaneous log or notes made at the time
The operative’s position and duration of observation
Evidence of how the driver was identified
4. No Keeper Liability Established - If you are seeking to hold
me liable as the registered keeper, you must fully comply with
the requirements of Schedule 4 of the Protection of Freedoms Act
2012.
If you have failed to meet these requirements, you cannot
transfer liability from the driver to the keeper. I do not admit
to being the driver, and you must not make any assumptions in
this regard.
5. Request for POPLA Code- Should you reject this appeal, you
are required to provide a valid POPLA verification code so that
I may refer the matter to independent adjudication via Parking
on Private Land Appeals (POPLA).
In summary, due to the complete lack of evidence, unclear
contractual terms, and failure to meet required standards of
proof, this charge is invalid and must be cancelled.
Should you refuse, I expect a full and detailed response
addressing each point raised above, along with all requested
evidence."
However they emailed me back saying my appeal had been rejected
with the following:
"Our operative recorded a contemporaneous observation of the
driver leaving the site, and this forms the basis of
the enforcement action. The terms and conditions of parking,
including any restriction on leaving the site, are
clearly stated on signage displayed throughout the location,
forming a binding contract upon parking, consistent
with the principles established in ParkingEye Ltd v Beavis. As
the registered keeper, you are liable for the charge
under the provisions of Protection of Freedoms Act 2012, where
applicable. Having considered the points raised,
we find no grounds to cancel the notice.
The motorist was observed leaving the site, and we hold a sworn
written statement from the attending warden confirming this
fact. This statement constitutes sufficient and credible
evidence in accordance with the IPC Code of Practice, which
permits reliance on contemporaneous observations recorded by an
authorised operative.
Parking at the above location requires the driver to remain
on-site throughout the entire period of parking. Failure to
comply with the terms and conditions, by parking and
subsequently leaving the site, will result in the driver being
contractually obligated to pay a parking charge."
[b]It's clear they havent responded to most of my requests
however I didn't know where I stand now.
TIA[/b]
HTML https://photos.app.goo.gl/ddPQXVcZYjBBpXni8
#Post#: 116140--------------------------------------------------
Re: UKCPS - Driver observed Leaving site - Regent Street Leeds
DIR By: RichardW
Date: April 17, 2026, 3:49 am
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Please show the full PCN - have they offered a code for a
secondary appeal (I think IAS as they refer to IPC)?
#Post#: 116142--------------------------------------------------
Re: UKCPS - Driver observed Leaving site - Regent Street Leeds
DIR By: Mudyboots
Date: April 17, 2026, 4:21 am
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Hi there, no code for secondary appeal, just a reference to
going to IAS if I disagree.
Pic of the original notice below
HTML https://photos.app.goo.gl/2R6wpioi2XfnGUsA9
#Post#: 116143--------------------------------------------------
Re: UKCPS - Driver observed Leaving site - Regent Street Leeds
DIR By: DWMB2
Date: April 17, 2026, 4:30 am
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Fine to not have a code - IAS don't use them, POPLA do.
#Post#: 116771--------------------------------------------------
Re: UKCPS - Driver observed Leaving site - Regent Street Leeds
DIR By: Jontysnut
Date: April 23, 2026, 6:11 am
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Hi did you get anywhere with this. I did the same kind of appeal
and got the same reply about contemporaneous observation and a
sworn statement. Thanks.
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