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#Post#: 86092--------------------------------------------------
Bank Park Parking Charge Notice - Overstayed paid period - Marsh
St. ST1 5HN
By: torresstrike Date: August 18, 2025, 6:00 am
---------------------------------------------------------
Hi, I received a Parking Charge Notice from Bank Park through
the post on 15/8/2025. Notice attached. The notice was forwarded
from my lease company. I have not received any communication
directly from Bank Park yet.
The driver of the vehicle visited the car park 1/8/2025 at 20:08
in the evening. The attached ticket was purchased at 20:12.
The driver entered their registration number on the pay machine
for two hours parking. Proof of payment receipt attached.
The vehicle exited the car park at 22:21.
The total parking duration was 2 hours 9 minutes, from the time
I purchased the ticket. I believe that I should have been given
a 10 minute grace period from the time I purchased the ticket,
and did in fact leave before 2hr and 10 minutes.
Recent and actual pictures of parking signage have not been
taken by the driver as the driver lives in London, and the car
park was only visited for a weekend visit to Stoke during the
weekend of 1/8/25.
Please advise how this parking charge can be appealed.
#Post#: 86107--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: b789 Date: August 18, 2025, 6:36 am
---------------------------------------------------------
Your lease company have acted wrongly here. The Notice to Keeper
(NtK) clearly states:
[indent]If the vehicle has been hired, please provide us with a
signed statement confirming the hirer's name and address and
include a copy of both the hire agreement and their statement of
liability, as required under the Protection of Freedoms Act
2012.[/indent]
Instead of following that process, they sent a Letter of
Authorisation (LoA). That is not what PoFA requires, and if the
operator refuses to accept it, liability remains with the lease
company which means they may end up paying it and charging it
back to you.
They have also wrongly referred to this as a "Penalty" charge
notice. It is nothing of the sort. A penalty can only arise from
a statutory authority. This is a civil matter, and the notice is
merely a speculative invoice alleging a breach of contract by
the driver, issued by an unregulated private parking company.
You should instruct your lease company to transfer liability
properly, in accordance with the NtK and PoFA. Once they have
provided the operator with the hirer’s details, a copy of the
hire agreement, and the statement of liability, the lease
company are absolved of any liability. The operator must then
serve a Notice to Hirer (NtH) in your name.
When you receive the NtH, you should appeal only as the Hirer.
Operators rarely comply fully with PoFA in hire situations,
meaning liability cannot pass to the hirer. Only the driver
could then be liable, and the operator has no evidence of who
that was unless the Hirer discloses it, inadvertently or
otherwise.
Once you receive an NtH in your name, use the following as your
appeal. No need to embellish or remove anything from it:
[quote]I am the Hirer 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 Hirer (NtH) does not fully comply with ALL the
requirements of PoFA 2012, you are unable to hold the Hirer 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.
Bank Park has relied on contract law allegations of breach
against the driver only.
The Hirer cannot be presumed or inferred to have been the
driver, nor pursued under some twisted interpretation of the law
of agency. Your NtH can only hold the driver liable. Bank Park
have no hope should you be so stupid as to try and litigate, so
you are urged to save us both a complete waste of time and
cancel the PCN.[/quote]
#Post#: 87376--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: torresstrike Date: August 27, 2025, 3:16 am
---------------------------------------------------------
Hello, Thank you for your reply.
I have contacted the lease company, who did send out a letter to
me, which I have attached. They confirmed on the phone, that
they have passed my details on to the Parking Company, however
it can sometimes take 2 weeks for them to resend the notice out
to the hirer.
As I have the letter from the lease company, do I just wait to
receive a letter from the Parking company. I am obviously
concerned that I do not want to pass the deadline to make the
appeal. I did try to phone the Parking company up, but they just
don't pick up.
Any advice would be appreciated.
#Post#: 87381--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: b789 Date: August 27, 2025, 3:42 am
---------------------------------------------------------
DO NOT try to steal to an unregulated private parking firm of
ex-clampers. Even if you could get through you'd have no record
of anything that is said.
You will not miss any appeal deadline because you CANNOT appeal
until you receive an NtH in your name. You are NOT the Keeper.
If your moronic lease company have transferred the liability
correctly, the there is no longer any liability on them and the
operator cannot go back to them again. All they can do is issue
an NtH to you and you can then appeal and will tell you exactly
what to put in that appeal.
SO what if it takes a coupe of weeks for them to send the NtH?
You will have 28 days from receipt of the NtH to appeal it.
I suggest you respond to the lease company with the following:
[quote]Subject: Your PCN template misstates the law – urgent
correction required
Dear [Lease Company],
Your wording below from the letter your recently sent me is
incorrect and misleading:
[indent]“The changes mean that [Stellantis Financial Services UK
Ltd] as the registered keeper can be held liable for these
charges if you take no action.
In the event we receive a second notification from a Private
Parking Operator for the same offence, we will pay the
outstanding amount and recharge this amount to you….”[/indent]
This is wrong as this is not an “offence”, fine or penalty. A
Parking Charge Notice from an unregulated private operator is a
civil contractual claim. The sender is not an authority, and no
criminal or statutory “offence”, “fine” or “penalty” arises.
Keeper liability is conditional—and the duty is yours, not the
hirer’s. Under the Protection of Freedoms Act 2012, Schedule 4,
a registered keeper can only be pursued if strict conditions are
met and the keeper fails to transfer liability. For hire
vehicles, paragraphs 13–14 set out your clear route to avoid
keeper liability: within the statutory period you must provide
the operator with:
[indent](a) a statement that the vehicle was hired,
(b) a copy of the hire agreement and the prescribed statement of
liability, and
(c) the hirer’s name and serviceable address.[/indent]
Once you do this, liability transfers and the operator must
pursue the hirer with a Notice to Hirer. Your phrase “if you
take no action” wrongly dumps your statutory duty onto the
hirer. There is no such thing as a “second notification” trigger
in PoFA. “Second notification” is your internal process, not a
legal milestone.
If you receive further letters, it usually means you have not
transferred liability correctly or on time. The cure is to
complete the PoFA paras 13–14 transfer, not to pay.
Paying and recharging is improper in a disputed, private civil
claim. Unless your contract expressly and lawfully permits it
(and even then, it must be fair and transparent), choosing to
voluntarily pay a non-statutory invoice and then recharge the
hirer—plus an admin fee—is unreasonable. The correct step is to
name the hirer and send the prescribed documents so the operator
re-issues the notice properly. Anything else risks a breach of
contract and an unfair term issue.
Do not pay the PCN. Within the statutory period, provide the
operator with the hirer’s full name and serviceable address and
the prescribed hire documents (PoFA Sch.4 paras 13–14). Confirm
to the hirer in writing that liability has been transferred and
that no payment or recharge will be made.
You should amend your template so it does not refer to
“authority”, “offence”, “fine” or “penalty” in relation to
private parking invoices. As a simple accuracy check, please
count how many times those words appear in the operator’s notice
itself. For every genuine occurrence, the hirer will gladly send
you £100. For every occurrence that appears only in your letter,
please remove it from your templates and confirm you have
corrected your processes.
Yours faithfully,
[Name]
[Address]
[Agreement/Reg No.][/quote]
#Post#: 88932--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: torresstrike Date: September 8, 2025, 7:59 am
---------------------------------------------------------
Hello
I have finally received the PCN under my name. See links:
HTML https://ibb.co/ns7mtWDf
HTML https://ibb.co/F4vYGtzP
HTML https://ibb.co/RkJ6WM4f
They say in the letter: Enclosed with this Notice are the
following copy documents.
Statement signed by the vehicle hire firm...
Hire Agreement
Statement of liability....
Notice to Keeper ...
They did NOT enclose any of the above, it was just the letter as
attached.
In light of this omission on their behalf please could you
clarify what wording I need to make the online appeal
Many thanks
#Post#: 88935--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: jfollows Date: September 8, 2025, 8:02 am
---------------------------------------------------------
As per Reply #1.
#Post#: 88991--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: torresstrike Date: September 8, 2025, 12:11 pm
---------------------------------------------------------
Thank you
I am able to appeal Online
The Bank Park appeal page has the following 2 dropdown lists:
HTML https://ibb.co/Q76bBJhf
HTML https://ibb.co/HDT7cRHb
Please could you advise which options I should choose, as there
is no option to appeal as the hirer, and I don't want to make a
mistake in the appeal.
Many thanks
#Post#: 88994--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: DWMB2 Date: September 8, 2025, 12:20 pm
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Appeal reason: other
For relationship to vehicle I'd just choose registered keeper,
your appeal makes clear that you are not, and it is not your
problem their form doesn't contain an option for hirer.
#Post#: 96184--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: torresstrike Date: October 30, 2025, 9:06 am
---------------------------------------------------------
Hello I have received another letter from BankPark as below:
HTML https://ibb.co/Pv1F4835
No reference to the Appeal that I submitted as below:
HTML https://ibb.co/Lzpfmvyz
Not sure if they have ignored previous appeal or this is their
response.
Please advise how to proceed.
Many thanks
#Post#: 96201--------------------------------------------------
Re: Bank Park Parking Charge Notice - Overstayed paid period - M
arsh St. ST1 5HN
By: b789 Date: October 30, 2025, 11:14 am
---------------------------------------------------------
Send a formal complaint as follows and CC yourself:
[quote]Subject: Formal Complaint – No Appeal Decision, PPSCoP
Breach & KADOE Misuse – PCN [ref]
Dear Bank Park Management Ltd,
This is a formal complaint about your handling of PCN [ref].
Background & key breach
[indent]• I lodged an appeal against your Notice to Hirer on 8
September 2025 (acknowledged by you the same day).
• As of 30 October 2025 (52 days later) you have not issued any
appeal decision.
• Instead, you sent a “Final Reminder” dated 23 October
2025.[/indent]
Issuing a payment demand while an appeal is outstanding and
failing to provide a timely, reasoned decision with an
independent appeal route breaches the Private Parking Single
Code of Practice (PPSCoP) requirement to pause enforcement
during an appeal and to decide the appeal within a reasonable
timescale. Your conduct is procedurally unfair and
non-compliant.
Further non-compliance (non-exhaustive)
[indent]1. Misuse of DVLA data / KADOE breach – Using DVLA
keeper/hirer data to pursue payment via a reminder while an
appeal is live is outside permitted use. Compliance with the
PPSCoP is a condition of DVLA KADOE access. Your breach of the
Code therefore constitutes a KADOE breach.
2. Hire-vehicle PoFA defects (no hirer liability) – Your Notice
to Hirer did not enclose the copy hire agreement and the
prescribed statement of liability required by PoFA 2012, Sch.4
paras 13–14. In the absence of strict compliance, no liability
transfers to the hirer.
3. Improper driver assumption – Your correspondence presumes or
infers I was the driver. I have not identified the driver and am
under no legal obligation to do so to an unregulated parking
firm.
4. Threat of unrecoverable add-ons – The threatened £70 “debt
recovery” is not recoverable.[/indent]
Remedies required (within 7 days of receipt)
[indent]• Cancel the PCN; or
• Issue a formal rejection (not a reminder) with the independent
appeal code and reset all payment/appeal deadlines from the date
of that decision; and
• Confirm the case is on hold and that no data will be shared
with third parties pending outcome.[/indent]
Restriction of processing (effective immediately)
Under UK GDPR Article 18, restrict processing for this PCN while
this complaint and the appeal remain unresolved. Do not pass my
data to any third party (including debt collectors). Confirm in
writing that processing is restricted.
Notice of escalation
If you fail to comply within 7 days, I will submit a formal
complaint to the DVLA for KADOE misuse (breach of PPSCoP
obligations linked to data access) and seek sanctions against
your access. I also reserve the right to complain to the ICO for
unlawful processing and to pursue costs arising from your
non-compliance.
Treat this as a complaint under your published complaints
procedure and respond in full within your stated timeframe.
Yours faithfully,
[Name]
[Postal address]
[Email]
[PCN reference][/quote]
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