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#Post#: 79805--------------------------------------------------
CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: John121
Date: July 6, 2025, 1:03 pm
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Hi everyone, hoping you can help.
The attached PCN was recieved to the registered keeper from CUP
Enforcement for allegedly breaching terms and conditions due to
unauthorised parking, specifically not being on the whitelist.
What’s strange is that the contravention date is listed as
09/01/2025, but he only received the PCN on 03/07/2025 — almost
six months later.
The timestamped images on the PCN show his vehicle entering the
location at 16:12 and exiting at 16:23 on the same day, meaning
he was there for just over a minute.
I’ve attached photos of the PCN for reference.
Any advice on how best to proceed would be greatly appreciated.
Thanks in advance.
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#Post#: 79812--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: jfollows
Date: July 6, 2025, 1:25 pm
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Read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/,<br
/>especially the bit about not telling us who was driving, and
modify your post accordingly.
The registered keeper of the car can not be held liable for the
actions of the driver, who will not be identified.
#Post#: 79813--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: b789
Date: July 6, 2025, 1:31 pm
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You appeal only as the Keeper of the vehicle. Easy one to deal
with… as long as the unknown drivers identity is not revealed.
There is no legal obligation on the known keeper (the recipient
of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. CUP has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
CUP have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 79814--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: John121
Date: July 6, 2025, 1:47 pm
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Very very helpful and greatly appreciated.
I'll send off the template.
Thanks a million for your help
#Post#: 79819--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: DWMB2
Date: July 6, 2025, 2:17 pm
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Let us know how you get on. There's a fair chance they'll reject
your appeal because they're stubborn, but if they do, you've got
as close to a slam dunk as it's possible to get at POPLA and we
can provide a suitable appeal.
#Post#: 79826--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: H C Andersen
Date: July 6, 2025, 3:13 pm
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Back to basics:
4)The notice [to keeper] must be given by—
(a)handing it to the keeper, or leaving it at a current address
for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the
keeper so that it is delivered to that address within the
relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is
the period of 28 days following the period of 28 days beginning
with the day after that on which the notice to driver was given.
OP, the NTK is invalid by virtue of being served beyond the
'relevant period' prescribed under the Act.
Unless there's some background to this VRM which you've not
mentioned.
#Post#: 79833--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: John121
Date: July 6, 2025, 4:11 pm
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There is no other background. Exactly how I mentioned above. Im
going to send the below appeal, please advise if this is ok?
PCN Reference: XXXXXX
Vehicle Registration: XXXXXXX
Date: 06/07/2025
Dear Sir/Madam,
I am the registered keeper of the vehicle and I am formally
disputing this parking charge. I do not accept any liability or
contractual obligation, and I will be submitting a formal
complaint regarding your predatory conduct to your client
landowner.
As your Notice to Keeper (NtK) does not fully comply with all
the requirements of the Protection of Freedoms Act 2012 (PoFA),
you are unable to hold the keeper liable for the charge. Partial
or even substantial compliance is not sufficient.
There will be no admission as to who was driving the vehicle at
the time, and no assumptions or inferences can be drawn. CUP has
relied on contract law allegations of breach against the driver
only.
The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under any misinterpretation of
agency law. Your NtK can only hold the driver liable. CUP have
no realistic chance of success at POPLA, so I urge you to cancel
the PCN.
Furthermore, your NtK is invalid as it was not served within the
‘relevant period’ defined in PoFA Schedule 4 — namely, within 28
days after the 28-day period following the notice to driver.
Kind regards,
#Post#: 79838--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: DWMB2
Date: July 6, 2025, 5:33 pm
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--- Quote from: b789 link ---
>
> No need to embellish or remove anything from it
>
--- End Quote ---
Unless a physical ticket was affixed to the windscreen, your
reference to 28 day periods is incorrect. I'd just stick with
the suggested appeal.
#Post#: 79848--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: John121
Date: July 7, 2025, 3:04 am
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Perfect I'll send off now and leave the part out about the 28
day period.
#Post#: 80693--------------------------------------------------
Re: CUP Enforcement PCN - Recieved almost 6 months after
contravention
DIR By: John121
Date: July 12, 2025, 6:52 am
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Hi all,
I've received the below response from CUP Enforcement.
I'm a bit confused by their reply, as they mentioned we referred
to a time frame in our appeal—but we didn’t include any
reference to this.
They’re also requesting the contact details of the driver.
Could you please advise on how best to proceed?
Thanks
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