DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 62255--------------------------------------------------
Parking Charge Notice - Spring Parking - on car
DIR By: purpleshadow
Date: March 13, 2025, 4:13 am
---------------------------------------------------------
Hello,
The driver of a car parked the car on what he thought was a
public road, no markings/lines to say that parking is not
allowed. However upon returning a parking charge notice was
attached to the window.
Details:
Observed Time: 05/03/2025 14:01
Date / Time of Issue: 05/03/2025 14:04
Location: Mill Parc, White Lodge Close, Isleworth, London TW7
6TH
Issue Reason: 13 - Not clearly displaying a valid permit
A parking charge of £95 is due within 28 days of the date of
issue.
Here the location on google maps: it was parked where the red
car is.
HTML https://maps.app.goo.gl/h2F4o1xMibXrFsYC8
Before you get to this close there is a sign for time-restricted
no motor vehicles zone (image attached). The driver arrived
prior to the time stated on the signs. The parking charge notice
appears to be from a private company though, Spring Parking and
their sign is also attached.
Could one appeal this on the grounds that observed time and time
of issue is less than 5 minutes and that the ticket from a
private company was issued on a public road?
Many thanks for your feedback.
[attachment deleted by admin]
#Post#: 62295--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: b789
Date: March 13, 2025, 8:30 am
---------------------------------------------------------
Show us the Notice to Driver (NtD) that was affixed to the
vehicle. Both sides please. You only need to redact your VRM and
the PCN number. Make sure everything else remains visible.
#Post#: 62448--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: purpleshadow
Date: March 14, 2025, 2:10 am
---------------------------------------------------------
Here the ticket that was attached.
[attachment deleted by admin]
#Post#: 62521--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: b789
Date: March 14, 2025, 10:18 am
---------------------------------------------------------
The sign you showed with the time restrictions has nothing to do
with where you parked. However, there do not appear to be any
signs notifying the driver that they are entering private land
with parking terms and conditions. The latest images from GSV
are only from 2022 but the Spring Parking signs were already in
place at that time.
The Notice to Driver (NTD), is not PoFA compliant in several
areas. The NtD does not identify the creditor. Is the creditor
Spring Parking or is it the landowner? This is a breach of PoFA
7(2)(e). Also, it does not state the period of parking. It only
states the observation time as a single moment which means that
they have not complied with PoFA 7(2)(a). Even if they were to
argue that there is a "period" between the observation time and
the issue time (3 minutes) that is still insufficient to prove
any contravention as there is a minimum consideration period
required for the driver to be able to seek out, read and process
the terms and conditions before deciding whether to remain or
leave. There a re other PoFA failures but those are the two
obvious ones that jump out.
The Parking Charge Notice (PCN), issued as an NtD does not
comply with PoFA and so the Keeper cannot be liable. They have
no idea who the driver is and the Keeper is not obliged to
identify the driver to an unregulated private parking company.
Until they apply to the DVLA for the Keepers details, they do
not know anything.
This requires a tactical approach. Do not appeal until day 26 or
27. So, on Monday 31st March, you send the following appeal to
Spring Parking as an email to appeals@springparking.co.uk and CC
in yourself:
--- Quote ---
> Subject: Appeal Against Parking Charge Notice [PCN Reference]
>
> Dear Spring Parking,
>
> I am the Registered Keeper of vehicle [VEHICLE REGISTRATION]
and I am appealing this Parking Charge Notice (PCN) on the
following grounds:
>
> 1. Keeper Details Provided – You Must Not Request DVLA Data
>
> The Notice to Driver (NtD) was passed to me by the driver, and
I am now submitting this appeal as the Keeper. I am providing my
details as the Registered Keeper:
>
> [YOUR NAME]
> [YOUR ADDRESS]
>
> Since you now have my details, you must not request my data
from the DVLA.
>
> - Any such request would be a breach of the UK GDPR and Data
Protection Act 2018, as you would be processing my data without
a lawful basis.
> - It would also be a misuse of the DVLA KADOE system, which
only allows Keeper data requests when necessary.
>
> If you proceed with a DVLA request, I will report you to the
DVLA and the ICO (Information Commissioner’s Office) for data
protection violations.
>
> 2. The NtD Fails to Comply with PoFA – Keeper Cannot Be Held
Liable
>
> Your Notice to Driver (NtD) does not comply with the
requirements of the Protection of Freedoms Act 2012 (PoFA),
Schedule 4. Because of these failures, you cannot transfer
liability to me as the Keeper.
>
> No Period of Parking Stated
>
> - Your NtD lists an "observation time" of 14:01 and an "issue
time" of 14:04, but does not specify a clear period of parking,
as required under PoFA Schedule 4, Paragraph 7(2)(a).
>
> A 3-minute duration is within the minimum consideration period
required by the BPA/IPC Private Parking Single Code of Practice
(PPSCoP). You have provided no evidence that the vehicle was
stopped for longer than the minimum consideration period needed
to seek out, read, and understand any signage that contained any
terms and conditions of parking at the location.
>
> Failure to Identify the Creditor
>
> Your NtD does not state who the actual creditor is, as
required by PoFA Schedule 4, Paragraph 7(2)(e). The creditor is
not necessarily Spring Parking, and without identification,
liability cannot be transferred to the Keeper.
>
> Since your NtD does not meet the legal requirements of PoFA,
I, as the Keeper, am not liable for this charge.
>
> 3. No Contract Formed – Inadequate and Non-Compliant Signage
>
> The alleged contravention is "not clearly displaying a valid
permit", but:
>
> - There is no entrance sign at the location to indicate that
drivers are entering controlled private land subject to
contractual parking terms.
> - This location is not a car park, but a residential street
with no ground markings, making it unclear that any restrictions
apply.
>
> Without clear entrance signage and properly displayed terms,
no contract can be formed, making this charge unenforceable. It
is also a breach of the PPSCoP section 3.1.1 not to display an
entrance sign that informs drivers that they are entering
controlled land. I remind you that a breach of the PSCoP also
invalidates your KADOE contract with the DVLA and will be
reported for investigation, irrespective of the outcome of this
appeal.
>
> 4. Immediate Cancellation Required
>
> Since your NtD is non-compliant with PoFA, the signage does
not form a legally enforceable contract, and you must not
request my data from the DVLA, I require that this charge be
cancelled immediately.
>
> If you reject this appeal, you must provide:
>
> - A POPLA appeal code.
> - A full explanation of why you believe Keeper liability
applies despite the clear PoFA failures.
>
> I expect your response within the timeframe set by your trade
association’s Code of Practice.
>
> Yours sincerely,
>
> [YOUR NAME]
> Registered Keeper of [VEHICLE REGISTRATION]
--- End Quote ---
#Post#: 62540--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: purpleshadow
Date: March 14, 2025, 12:01 pm
---------------------------------------------------------
Thank you so much for your detailed reply. I have put an alert
in my calendar for Monday 31st and read up on the POFA sections
you mentioned.
Again, many thanks.
#Post#: 64930--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: purpleshadow
Date: March 31, 2025, 4:36 am
---------------------------------------------------------
Appeal went out today. Wish me luck.
#Post#: 65570--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: purpleshadow
Date: April 3, 2025, 12:00 pm
---------------------------------------------------------
We have received a response back from Spring Parking they
rejected the appeal and provided the popla code. I would like to
know the next steps. I presume I will now have to appeal to
popla with the code given. There was a relevance of submitting
appeal close to the deadline so that they do not contact DVLA
for keeper details. I am not entirely sure about the relevance
of this? Will this be useful in the popla appeal?
Many thanks for your assistance with this.
Date of this notice 3rd April 2025
Thank you for submitting your PCN appeal via email.
PCN Reference-
Vehicle Registration-
POPLA Verification Code -
Date and Time of Parking Event -05th March 2025 at 14:04
Location- Mill Parc, White Lodge Close, Isleworth, London, TW7
6TH
Thank you for your representation you made on receiving a
Parking Charge Notice with the above reference number.
We have considered everything on your email including any
evidence enclosed but do not feel that you have made grounds for
cancelling the Parking Charge Notice and as such payment remains
due.
Your vehicle was parked on our Client's Property which is
Private Land, in a Permit Holders only car park, NOT CLEARLY
DISPLAYING A VALID PERMIT.
Parking on site without a Permit when one is necessary, will be
liable to a PCN.
More evidence can be viewed online by visiting
HTML http://www.sp.eparking.co.uk
.
We are fully compliant with British Parking Association
regulations on signage and confirm that there is adequate
signage at this site that is visible, appropriately located,
clear and legible, so the Parking Charge Notice is fully
enforceable. There are adequate warning signs mounted
prominently in the car park. It is the motorist's responsibility
to ensure all signage is checked and understood before a vehicle
is parked.
You have now reached the end of our internal appeals procedure
and therefore you now have two options can pay or appeal -YOU
MUST NOT DO BOTH.
If you have already made payment for your parking charge notice,
please ignore the below:
1.
www.sp.eparking.co.uk or by calling our 24-hour payment line on
0330 008 0454 or payment can be made by posting a cheque made
payable to Spring Parking Ltd. and sent to the address below.
Please quote your 'Parking Charge Notice' Number and your
vehicle registration number on the reverse, if paid within 14
days of issue it will be at the reduced amount of £55.
2.
completing the form at www.popla.co.uk. Please note, should you
decide to appeal to POPLA, and your appeal is subsequently
rejected, the option to pay a discounted amount will no longer
be available and the full amount of the PCN will become due of
£95. Your POPLA reference number is
3.
Services (www.ombudsman-services.org /) provides an alternative
dispute resolution service that would be competent to deal with
your appeal. However, we have not chosen to participate in their
alternative dispute resolution service. As such should you wish
to appeal then you must do so to POPLA, as explained above.
4.
POPLA AS NO REFUNDS ARE GIVEN.
5.
within the relevant time frame, the outstanding PCN may be
passed to our appointed Debt Collection Agency for further
action. All costs associated with this process will be added to
the amount outstanding.
6.
made.
#Post#: 65624--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: b789
Date: April 4, 2025, 5:49 am
---------------------------------------------------------
Just to confirm... have you received a Notice to Keeper (NtK)?
Again, put this in your diary... Thursday 1st May. On that date
you will submit your POPLA appeal. The POPLA code is valid for
33 days from the date of the appeal rejection.
In the meantime, start to put together your POPLA appeal based
on the original appeal but you will need to flesh it out a
little. You need to lead the assessor by the nose to the
conclusions of wy you are not liable and why the NtD was not
PoFA compliant.
When you have something to show us, put it up here for review
before you send anything. There will be one more thing to add
which I will tell you about just before you need to submit the
POPLA appeal.
Have a search for other POPLA appeals on the forum so that you
can get a feel for how it should be presented.
#Post#: 65828--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: purpleshadow
Date: April 6, 2025, 4:49 am
---------------------------------------------------------
Thank you for your response. We have not received a notice to
keeper.
I will have a look at other popla appeals in the meantime and
put a reminder in my calendar.
Many thanks
#Post#: 65830--------------------------------------------------
Re: Parking Charge Notice - Spring Parking - on car
DIR By: purpleshadow
Date: April 6, 2025, 4:57 am
---------------------------------------------------------
Just a quick question. On the popla site it also says that the
code is valid for 28 days? Should I not make my appeal by then
so I won't risk it expiring?
*****************************************************
Page 1 of 3
DIR Next Page