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#Post#: 85507--------------------------------------------------
Britannia Parking NTK – Advice on Appeal Wording
DIR By: sfly
Date: August 13, 2025, 8:59 am
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Britannia Parking NTK – Advice on Appeal Wording
Hi all,
I’ve received a Parking Charge Notice from Britannia Parking.
Image of the NTK:
HTML https://imgur.com/a/lwn3W4G
The notice is dated 22 July 2025 for an alleged contravention on
16 July 2025, so it was delivered within the POFA 14-day window.
I was away for nearly a month afterwards, so I’m now well
outside their first 14-day “discount” period.
What’s frustrating is that I really thought I had paid for the
parking via an app at the time, because I knew I’d be there for
a while and I was about to go on holiday and didn’t want the
hassle. For some reason I can’t find any record of the payment,
but I’m certain I intended to make it.
Here’s the draft appeal I’m thinking of sending to Britannia
Parking:
Dear Sir/Madam,
I am the registered keeper of vehicle registration [XXXXXX] and
I am writing to appeal Parking Charge Notice [XXXXXX].
Your Notice to Keeper fails to comply with the strict
requirements of Schedule 4 of the Protection of Freedoms Act
2012 (POFA), and therefore you cannot hold me liable as keeper.
As you have not met the conditions for keeper liability, please
confirm that this charge has been cancelled. I will not be
making any payment to your company.
For the avoidance of doubt, I am under no legal obligation to
identify the driver, and I will not be doing so.
If you reject this appeal, please supply me with a POPLA
verification code so that I may escalate the matter to
independent adjudication.
Yours faithfully,
[Your Name]
Before I send it, could anyone confirm whether there are any
POFA compliance issues on this NTK, or if Britannia’s paperwork
here usually meets the Schedule 4 requirements?
Thanks in advance.
#Post#: 85510--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: jfollows
Date: August 13, 2025, 9:04 am
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Why did you obscure dates?
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 85535--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: sfly
Date: August 13, 2025, 11:06 am
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sorry, I thought I'd left them there but I also wrote them
above
#Post#: 85559--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: b789
Date: August 13, 2025, 12:19 pm
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Whilst the Notice to Keeper (NtK) was given within the relevant
period, it is still not fully compliant with All the
requirements of PoFA and so the appeal you have submitted is
still relevant.
The relevant statutory requirement from Schedule 4, Paragraph
9(2)(e)(i) of the Protection of Freedoms Act 2012:
[indent]“The notice must— (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.”[/indent]
This is a mandatory requirement. The Notice to Keeper must
explicitly invite the keeper to pay the charge if the driver is
not identified.
Now here is the wording used in the Notice to Keeper (NtK) from
Britannia:
[indent]"You are notified under paragraph 9(2)(b) of schedule 4
of the Protection of Freedoms Act 2012 that the driver of the
vehicle is required to pay this parking charge in full. If you
were not the driver of the vehicle at the time, please inform us
of the name and current postal address of the driver and pass
this notice on to them."[/indent]
Nowhere in this wording is there any invitation for the keeper
to pay the unpaid parking charge. The notice says the driver is
required to pay, and that if the keeper was not the driver, they
should pass the notice on and provide the driver’s details. It
then says that if the charge is not paid or the driver is not
identified, Britannia has the right to recover the charge from
the keeper.
This is not an invitation to pay. It is a statement of intent to
pursue. That fails to meet the requirement under PoFA
9(2)(e)(i), which requires an actual invitation to the keeper to
pay the charge.
Because this requirement has not been met, Britannia cannot rely
on Schedule 4 of PoFA to hold the keeper liable. They may only
pursue the driver, whose identity they admit they do not know.
This is a clear procedural failure.
All this can be explained to POPLA when they reject the initial
appeal.
#Post#: 85562--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: sfly
Date: August 13, 2025, 12:50 pm
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I haven't actually submitted the appeal yet I was just about to
do it, but was checking the wording
Just for clarity are you saying I should submit that first and
then when they follow up with procedure do what you've said
above?
#Post#: 85563--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: sfly
Date: August 13, 2025, 12:56 pm
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Something more like this?
Dear Sir/Madam,
I am the registered keeper of vehicle registration [XXXXXX] and
I am appealing Parking Charge Notice [XXXXXX].
Your Notice to Keeper fails to comply with the mandatory
requirements of Schedule 4, Paragraph 9(2)(e)(i) of the
Protection of Freedoms Act 2012. The Act requires the notice to:
“…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 to pay the unpaid parking charges.”
Your notice does not contain any such invitation to me, the
keeper, to pay the unpaid parking charge if the driver is not
identified. Instead, it only states that the driver is liable,
and that you have the right to recover from the keeper if the
charge is unpaid or the driver is not named. This is not
compliant wording and is a clear procedural failure.
Because of this failure, Britannia cannot transfer liability
from the driver to me under Schedule 4, and you may only pursue
the driver, whose identity you do not know.
Please therefore confirm that the Parking Charge Notice has been
cancelled.
Should you reject this appeal, I require a POPLA verification
code so I may escalate the matter.
#Post#: 85570--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: b789
Date: August 13, 2025, 1:05 pm
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That'll do also as an initial appeal. There is probably more
chance of winning a lottery than any initial appeal being
successful, no matter how logical it is phrased.
The aim is to get the POPLA code so that you can submit an
appeal that will at least be considered. That's when you put the
detail into play. You will also put them to strict proof of a
valid contract flowing from the landowner that permits them to
operate and issue PCNs in their own name at the location.
One step at a time.
#Post#: 85572--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: sfly
Date: August 13, 2025, 1:28 pm
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Thank you very much
#Post#: 85574--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: sfly
Date: August 13, 2025, 1:33 pm
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It's been awhile since I had a ticket, what I normally used to
do is just tell them that I was the registered keeper and
declined to tell them who is the driver was and they normally
went away has this changed now?
For example this is worked for me many times (Response from
another parking company):
In your appeal you have explained that you are the registered
keeper of the vehicle and declined the invitation to provide us
with the full name and address of the driver.
On this occasion we are prepared to exercise our discretion and
have now cancelled this Parking Charge but must inform
you that the terms and conditions in this location advise the
driver that they must pay for each visit to the site. Signage is
displayed at the approach to this drop off area, along the
location and upon exit, advising all motorists that a payment to
use
the drop off area is required to be made online or by phone. As
stated above, the terms and conditions of using the drop-off
zones are displayed by way of clear signage. It is the
responsibility of the motorist to read and comply with the
signage on
site.
#Post#: 85627--------------------------------------------------
Re: Britannia Parking NTK – Advice on Appeal Wording
DIR By: b789
Date: August 14, 2025, 2:56 am
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That would only apply if they are not relying on PoFA to be able
to transfer liability from the unknown driver to the known
Keeper. Britannia are trying to rely on PoFA to hold the Keeper
liable if the drivers identity ion not revealed.
As I have pointed out, there is a flaw in the wording on their
NtK which means that it is not fully compliant will all the
requirements of PoFA. Just like you can't be partially pregnant,
you either are or you aren't, an NtK cannot be partially or even
mostly PoFA compliant. It either is fully compliant or it isn't.
If it isn't, then the Keeper cannot be liable. Only the driver,
if identified.
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