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#Post#: 82790--------------------------------------------------
PPS Parking PCN - Parking in No Parking Area - Esso/Sainsbury's
South Ealing Road W5
DIR By: asm99
Date: July 26, 2025, 5:17 am
---------------------------------------------------------
Thank you in advance.
At 08:27 on 16/07/2025, the vehicle was driven onto the
Esso/Sainsbury's petrol station forecourt on South Ealing Road
W5. The driver recalls a sign on entry stating the existence of
parking restriction enforcement, but there was no mention on the
entry sign that parking at the pump is prohibited unless fuel is
purchased. The vehicle was stopped at pump number 1 for
approximately 3-5 minutes while the driver purchased a bottle of
water from Sainsbury's.
The date of the PCN is 18/07/2025 but it was not received in the
post until 26/07/2025. This leaves 6 days from the date of
receiving the notice to the end of the 14 day discounted fine.
The evidence provided can only be accessed online, and when
viewed, there is a photograph of a different, unrelated vehicle
parked somewhere else on the forecourt, as well as photographs
of the vehicle to which the PCN was issued. There are
photographs of signage displaying the prohibited parking at the
pump, however, the sign is not clearly affixed to pump number 1
(see street view image, it appears that sign is affixed to the
pump nearest to the exit), and the other sign which is visible
in the photograph of the vehicle is turned facing the
Sainsbury's so it is not visible to the driver of the vehicle
prior to parking. The zoomed image from the PCN evidence shows
the entry signage, but does not clearly state that parking at
the pump is prohibited.
HTML https://i.imgur.com/5xO4tMF.jpeg
HTML https://i.imgur.com/f8pn36C.jpeg
HTML https://i.imgur.com/7qQ1tgp.jpeg
HTML https://i.imgur.com/9jAmorN.jpeg
HTML https://i.imgur.com/xUDU3Gq.jpeg
HTML https://i.imgur.com/05qNd5t.jpeg
HTML https://i.imgur.com/qGSHarX.jpeg
HTML https://i.imgur.com/2BLQeDz.jpeg
HTML https://i.imgur.com/Jk4bCRs.jpeg
HTML https://i.imgur.com/zff4w2M.jpeg
Google Streetview
HTML https://maps.app.goo.gl/r7jZBoiQkQUXesNm9
#Post#: 82795--------------------------------------------------
Re: PPS Parking PCN - Parking in No Parking Area -
Esso/Sainsbury's South Ealing Road W5
DIR By: jfollows
Date: July 26, 2025, 6:14 am
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The notice from PPS does not properly specify a “period of
parking”
(
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4):
--- Quote ---
> 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;
>
> (b)inform the keeper that the driver is required to pay
parking charges in respect of the specified period of parking
and that the parking charges have not been paid in full;
>
> (c)describe the parking charges due from the driver as at the
end of that period, the circumstances in which the requirement
to pay them arose (including the means by which the requirement
was brought to the attention of drivers) and the other facts
that made them payable;
>
> (d)specify the total amount of those parking charges that are
unpaid, as at a time which is—
>
> (i)specified in the notice; and
>
> (ii)no later than the end of the day before the day on which
the notice is either sent by post or, as the case may be, handed
to or left at a current address for service for the keeper (see
sub-paragraph (4));
>
> (e)state that the creditor does not know both the name of the
driver and a current address for service for the driver and
invite the keeper—
>
> (i)to pay the unpaid parking charges; or
>
> (ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
>
> (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;
> (g)inform the keeper of any discount offered for prompt
payment and the arrangements for the resolution of disputes or
complaints that are available;
>
> (h)identify the creditor and specify how and to whom payment
or notification to the creditor may be made;
>
> (i)specify the date on which the notice is sent (where it is
sent by post) or given (in any other case).
>
>
--- End Quote ---
Why are there pictures at 17:13:32 on 15 July & 08:27:30 on 16
July? Are they claiming in some way that this covers the period
of parking?
In any case, saying “The period of parking to which this notice
relates is the period that immediately preceded the incident
Date and Time” is not good enough, not least because it
precludes a short period of time during which a contract could
not have been established.
#Post#: 82797--------------------------------------------------
Re: PPS Parking PCN - Parking in No Parking Area -
Esso/Sainsbury's South Ealing Road W5
DIR By: asm99
Date: July 26, 2025, 6:28 am
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> The notice from PPS does not properly specify a “period of
parking”
(
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4):
> [quote]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;
>
> (b)inform the keeper that the driver is required to pay
parking charges in respect of the specified period of parking
and that the parking charges have not been paid in full;
>
> (c)describe the parking charges due from the driver as at the
end of that period, the circumstances in which the requirement
to pay them arose (including the means by which the requirement
was brought to the attention of drivers) and the other facts
that made them payable;
>
> (d)specify the total amount of those parking charges that are
unpaid, as at a time which is—
>
> (i)specified in the notice; and
>
> (ii)no later than the end of the day before the day on which
the notice is either sent by post or, as the case may be, handed
to or left at a current address for service for the keeper (see
sub-paragraph (4));
>
> (e)state that the creditor does not know both the name of the
driver and a current address for service for the driver and
invite the keeper—
>
> (i)to pay the unpaid parking charges; or
>
> (ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
>
> (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;
> (g)inform the keeper of any discount offered for prompt
payment and the arrangements for the resolution of disputes or
complaints that are available;
>
> (h)identify the creditor and specify how and to whom payment
or notification to the creditor may be made;
>
> (i)specify the date on which the notice is sent (where it is
sent by post) or given (in any other case).
>
>
--- End Quote ---
Why are there pictures at 17:13:32 on 15 July & 08:27:30 on 16
July? Are they claiming in some way that this covers the period
of parking?
In any case, saying “The period of parking to which this notice
relates is the period that immediately preceded the incident
Date and Time” is not good enough, not least because it
precludes a short period of time during which a contract could
not have been established.
[/quote]
They've included a photo of an unrelated vehicle parked on 15
July as part of the evidence for this vehicle's PCN. Is the
inclusion of this unrelated vehicle in the PCN evidence
sufficient grounds for the PCN to be cancelled?
#Post#: 82906--------------------------------------------------
Re: PPS Parking PCN - Parking in No Parking Area -
Esso/Sainsbury's South Ealing Road W5
DIR By: b789
Date: July 27, 2025, 4:41 am
---------------------------------------------------------
It won't be cancelled because you are dealing with a firm of
corrupt, bottom-dwelling money-grabbers. However, you can appeal
and when that is rejected, you will be able to try and persuade
a POPLA assessor that the Parking Charge Notice (PCN) has no
validity.
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. Horizon 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.
>
> The NtK includes timestamped images of a different vehicle,
dated the day before the alleged contravention. This appears to
be an attempt to infer the location of the alleged breach
involving the keeper’s vehicle. Such inference is speculative,
unsupported by evidence, and procedurally defective.
>
> Moreover, the inclusion of another vehicle’s identifiable data
constitutes a breach of UK GDPR, as it is irrelevant to the case
and processed without lawful basis. This further undermines the
credibility of the NtK and the legitimacy of the charge.
>
> Horizon have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
Comeback when they reject the appeal.
#Post#: 82942--------------------------------------------------
Re: PPS Parking PCN - Parking in No Parking Area -
Esso/Sainsbury's South Ealing Road W5
DIR By: asm99
Date: July 27, 2025, 7:16 am
---------------------------------------------------------
This is what I've got so far for the appeal; I appreciate the
feedback @b789 and @jfollows
I am writing as the registered keeper of the above vehicle in
relation to the Parking Charge Notice (PCN) issued at 36–39
South Ealing Road, W5 4QT on 16 July 2025. I formally dispute
your claim for the following reasons.
1. Non-compliance with the Protection of Freedoms Act 2012
(Schedule 4)
Your Notice to Keeper (NTK) does not meet the mandatory
conditions set out in Paragraph 9 of Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA), which are necessary to
establish keeper liability.
- Failure to Specify a Period of Parking: Paragraph 9(2)(a)
requires that the notice must “specify the period of parking to
which the notice relates.” Your NTK does not do this. Instead,
it refers only to “the period that immediately preceded the
Incident Date and Time,” which is not sufficient. This does not
represent a period because it is a moment in time. You have
provided no evidence of how long the vehicle was present, and
therefore, the NTK fails to comply with statutory requirements.
- Defective Warning under Paragraph 9(2)(f): The NTK also fails
to contain the statutory warning informing the keeper that, if
the parking charge remains unpaid and the operator does not know
the name and address of the driver, the operator has the right
to recover the charge from the keeper after 28 days. Your notice
uses unclear and paraphrased wording that does not satisfy the
statutory requirement.
For these reasons alone, keeper liability cannot be established,
and your demand for payment is invalid.
2. Unclear, Inadequate, and Misleading Signage
There is no signage at the entrance to the forecourt that
informs drivers that parking at the fuel pumps is prohibited
unless fuel is purchased. Signage on-site is inconsistent and,
as shown in photograph 4/7 of the evidence, the sign prohibiting
parking at the pump is turned away from drivers approaching the
pumps and instead faces the shop. The only image of a sign
uploaded in evidence (photographs 6 and 7) is undated and does
not show a clear relation to the pump where the vehicle stopped.
The terms and conditions alleged to have been breached were
therefore:
- Not clearly communicated at the entrance,
- Not adequately visible to the driver, and
- Not capable of forming a valid contract.
This is contrary to the British Parking Association’s Code of
Practice, which requires all terms to be clearly displayed and
legible to drivers.
3. Irrelevant and Potentially Unlawful Photographic Evidence
The photographic evidence uploaded by your company includes a
photo of an entirely unrelated vehicle with a clearly visible
and unredacted registration plate, taken the day before the
alleged contravention as per the photograph timestamp, and
parked elsewhere on the forecourt. This is wholly irrelevant to
this case and may constitute a breach of the UK General Data
Protection Regulation (UK GDPR), as the image includes
personally identifiable data of a third party that should not
have been disclosed. I reserve the right to report this data
handling failure to the Information Commissioner’s Office.
4. The Driver Was Visiting the On-Site Shop
The driver stopped at the forecourt and went into the
Sainsbury's on the forecourt. The vehicle was parked briefly at
the pump, and no signs upon entry stated that this was
prohibited unless fuel was purchased. The shop is part of the
same commercial site, and there was no indication that this
would be treated as unauthorised parking. It is unreasonable to
penalise customers for visiting the premises, particularly where
no clear signage to the contrary exists. Additionally, no
evidence has been provided to prove that the driver parked at
the pump without the intention of purchasing fuel, or that fuel
was not purchased during this visit.
5. Disproportionate and Unfair Charge
Even if a contract were formed, the term relied upon by the
operator is unenforceable under the Consumer Rights Act 2015. It
is neither fair, transparent, nor proportionate. The signage
upon entry does not make clear that stopping at a pump without
purchasing fuel is a contravention, and the penalty imposed is
excessive in relation to any legitimate interest. As such, the
term fails Sections 62 and 68 of the Act and cannot be binding
on the consumer.
This charge must be cancelled immediately. Should you reject
this appeal, I request that you issue a POPLA verification code
so that I may escalate the matter to independent adjudication.
I reserve the right to submit a formal complaint to the
Information Commissioner’s Office in relation to the publication
of photographic evidence relating to an unrelated vehicle.
#Post#: 82957--------------------------------------------------
Re: PPS Parking PCN - Parking in No Parking Area -
Esso/Sainsbury's South Ealing Road W5
DIR By: b789
Date: July 27, 2025, 9:13 am
---------------------------------------------------------
You can write War & Peace. It will not make a difference to the
initial appeal. They will reject anything. It is through the
secondary appeals process that you will go into detail. That is
why I wrote: [i]"No need to embellish or remove anything from
it"[/I] for the suggested appeal.
Anything more is a waste of time and effort.
#Post#: 85554--------------------------------------------------
Re: PPS Parking PCN - Parking in No Parking Area -
Esso/Sainsbury's South Ealing Road W5
DIR By: asm99
Date: August 13, 2025, 12:04 pm
---------------------------------------------------------
I'm pleased to say the initial appeal was accepted and the
ticket cancelled!
The appeal was worded exactly as I wrote above (war & peace).
I guess it's my lucky day.
#Post#: 85555--------------------------------------------------
Re: PPS Parking PCN - Parking in No Parking Area -
Esso/Sainsbury's South Ealing Road W5
DIR By: b789
Date: August 13, 2025, 12:08 pm
---------------------------------------------------------
I suggest you go purchase a lottery ticket. Being successful at
initial appeal is as rare as hens teeth. I suspect that they
realise they screwed up by using an image of an unrelated
vehicle has got them scurrying around hoping you don't escalate
it further.
If you want your revenge, submit a complaint to both the DVLA
and the ICO.
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