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#Post#: 91391--------------------------------------------------
Private Parking Ticket - wasn't aware on private land
DIR By: sooty12113
Date: September 25, 2025, 2:26 am
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I have received the attached notice where the driver of my
vehicle parked on what he believed was a public road on an
industrial estate.
HTML https://imgur.com/a/LPo4ZCT
Subsequent photographs held on the website prove parking and
show what appears to be a parking sign across the road that the
driver didn't see. One is attached.
What isn't provided is a copy of the sign which wasn't present
on the latest edition of google maps/street view.
I plan on requesting a copy of the sign to check if the charge
is valid but before I do I'd like an opinion of if the charge is
enforceable given I think a copy of the sign should have been
provided or for any other reason it isn't
Thanks
Sooty
#Post#: 91393--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: jfollows
Date: September 25, 2025, 2:43 am
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Do not identify the driver, in which case you - the registered
keeper - can not be liable for the actions of the driver because
the notice does not comply with the requirements of the law to
transfer liability from the driver to you.
Specifically,
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
says
--- 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;
--- End Quote ---
and your notice does not specify a “period of parking”.
You can appeal
--- 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.
>
> Failure to comply with PoFA 2012 Sch 4 para 9(2)(a): your NtK
does not “specify the period of parking”. Saying “the period
immediately preceding the event time” is not a period. As
confirmed in Brennan v Premier Parking Solutions (2023), at
least a short period of parking must be specified; a single
timestamp or vague wording is insufficient to show that the
vehicle was parked at all.
>
> 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. UKPS 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.
UKPS 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.
--- End Quote ---
They will reject your appeal, as will the useless IAS, but if
you follow advice here it will eventually come to nothing, it
will just take some time, patience and attention to detail on
your part.
Signage is also important, as you say, but the PCN does not need
to include this. If you don’t think the signage is clear you
should take pictures of it at a similar time of day and include
them in your appeal. Basically you have to put them to the test
by showing them inadequate signage.
#Post#: 91394--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: sooty12113
Date: September 25, 2025, 2:46 am
---------------------------------------------------------
Great, thanks for the amazingly prompt reply.
I live over 60 miles away so it's not practical to take a
photograph of the sign.
Will I be undermining my argument if I request a copy of the
sign at this stage ?
#Post#: 91395--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: sooty12113
Date: September 25, 2025, 2:58 am
---------------------------------------------------------
Also just to add, the remaining photographs on the UKPS website
show the driver parking up and returning to the vehicle which
are date/time stamped so more than a single timestamp is
available, although as you say the parking period is not on the
notice
#Post#: 91397--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: jfollows
Date: September 25, 2025, 3:17 am
---------------------------------------------------------
It’s the notice that has to comply with the law, the fact that
they have pictures and could have chosen to use them to provide
a proper period of parking doesn’t change things because they
didn’t.
I wouldn’t personally bother with the signs for now, but see
what others advise also. Quite often they’re “forbidding” and
add weight that you can’t enter into a contract to park.
#Post#: 91403--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: DWMB2
Date: September 25, 2025, 4:17 am
---------------------------------------------------------
They're not obliged at this stage to show you any signage. Save
that for later.
#Post#: 91407--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: sooty12113
Date: September 25, 2025, 4:25 am
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thanks I will
#Post#: 91446--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: sooty12113
Date: September 25, 2025, 7:26 am
---------------------------------------------------------
I sent the response as suggested and have received an immediate
response that I re-produce below
I'd appreciate advice on next steps
Thank you for your appeal.
Having noted your comments, and checking the evidence gathered
when issuing the Parking Charge, we are satisfied that the
Parking Charge has been issued correctly and your appeal is
rejected.
There are clear signs on this route that this area is a no
parking area which can be seen in the photographic evidence.
This is at the landowners request as the area is an access
route. As you can see the vehicle remained parked on this route.
It is the drivers sole responsibility to ensure they are
adhering to these terms and conditions. This parking charge has
been issued in line with PoFa 2012 and so UKPS will continue to
hold the registered keeper liable. As a result this parking
charge must now be paid.
All of our signage is fully compliant with the guidelines set
out within The Single Code of Practice and we reject the notion
that it is in any way unclear or ambiguous. The signage is
printed on reflective material and is clearly illuminated in
vehicle headlights within hours of darkness.
Please be advised that all photographic evidence can be viewed
by typing: pay.theukps.com in to your top address browser.
Payment is now due to be made.
Current balance owed: £60
* This outstanding balance will increase to £100 in 14 days from
the date of this letter.
If you believe this decision is incorrect, you are entitled to
appeal to the Independent Appeals Service (IAS). In order to
appeal, you will need your Parking Charge number and your
vehicle registration. Appeals must be submitted to the IAS
within 28 days of the date of this letter/email. Please visit
www.theias.org for full details. Please be advised, should your
appeal be dismissed by the IAS, you will no longer have the
ability to pay the reduced amount of £60.
For free advice regarding your parking charge, including advice
on appealing, please visit: www.247advice.co.uk
If you choose to do nothing, after 56 days from the incident
date, the parking charge will be passed to our debt recovery
agent, at which point you will be liable to pay additional
charges in accordance with our terms and conditions of parking
and further charges will be claimed if Court action is taken
against you.
Please do not ignore this communication.
Payment Methods:
1) Bank Transfer
Account UKPS LTD
Account No: 25006760
Sort Code: 30-99-15
2) Cheque / Postal Order
UKPS Ltd
PO BOX 6974
Leamington Spa
CV31 9QU
3) PayPal/Stripe (Please see the Parking Charge Notice to keeper
for details)
Kind Regards
UKPS Limited Appeals Team
#Post#: 91475--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: b789
Date: September 25, 2025, 9:28 am
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Just submit the following IAS appeal, for what it's worth:
--- Quote ---
> [quote]I am the registered keeper of the vehicle. I deny any
liability for this parking charge and appeal in full.
>
> The parking operator bears the burden of proof. It must
establish that a contravention occurred, that a valid contract
was formed between the operator and the driver, and that it has
lawful authority to operate and issue Parking Charge Notices
(PCNs) in its own name. I therefore require the operator to
provide the following:
>
> [indent]1. Strict proof of clear, prominent, and adequate
signage that was in place on the date in question, at the exact
location of the alleged contravention. This must include a
detailed site plan showing the placement of each sign and
legible images of the signs in situ. The operator must
demonstrate that signage was visible, legible, and compliant
with the IPC Code of Practice that was valid at the time of the
alleged contravention, including requirements relating to font
size, positioning, and the communication of key terms.
>
> 2. Strict proof of a valid, contemporaneous contract or lease
flowing from the landowner that authorises the operator to
manage parking, issue PCNs, and pursue legal action in its own
name. I refer the operator and the IAS assessor to Section 14 of
the PPSCoP (Relationship with Landowner), which clearly sets out
mandatory minimum requirements that must be evidenced before any
parking charge may be issued on controlled land.
>
> In particular, Section 14.1(a)–(j) requires the operator to
have in place written confirmation from the landowner which
includes:
>
> [indent]• the identity of the landowner,
> • a boundary map of the land to be managed,
> • applicable byelaws,
> • the duration and scope of authority granted,
> • detailed parking terms and conditions including any specific
permissions or exemptions,
> • the means of issuing PCNs,
> • responsibility for obtaining planning and advertising
consents,
> • and the operator’s obligations and appeal procedure under
the Code.[/indent]
>
> These requirements are not optional. They are a condition
precedent to issuing a PCN and bringing any associated action.
Accordingly, I put the operator to strict proof of compliance
with the entirety of Section 14 of the PPSCoP. Any document that
contains redactions must not obscure the above conditions. The
document must also be dated and signed by identifiable persons,
with evidence of their authority to act on behalf of the parties
to the agreement. The operator must provide an agreement showing
clear authorisation from the landowner for this specific site.
>
> 3. Strict proof that the enforcement mechanism (e.g. ANPR or
manual patrol) is reliable, synchronised, maintained, and
calibrated regularly. The operator must prove the vehicle was
present for the full duration alleged and not simply momentarily
on site, potentially within a permitted consideration or grace
period as defined by the PPSCoP.
>
> 4. Strict proof that the Notice to Keeper complies with the
Protection of Freedoms Act 2012 (PoFA), if the operator is
attempting to rely on keeper liability. Any failure to comply
with the mandatory wording or timelines in Schedule 4 of PoFA
renders keeper liability unenforceable. For example, the
operators NtK fails to provide a period of parking as required
under PoFA 9(2)(a). A single observation timestamp on the NtK is
not a period, irrespective of any other photographic evidence
that they may hold. This was clarified in the persuasive
appellate judgment in Brennan v Premier Parking Solutions
(2023).
>
> 5. The NtK does not evidence that the vehicle was parked for
longer than the minimum consideration period mandated in the
PPSCoP §5.1, in which case no contract could have been formed.
The operator is put to strict proof that any contract was formed
with the driver.
>
> 6. Strict proof that the NtK was posted in time for it to have
been given within the relevant period. The PPSCoP section
8.1.2(d) Note 2 requires that the operator must retain a record
of the date of posting of a notice, not simply of that notice
having been generated (e.g. the date that any third-party Mail
Consolidator actually put it in the postal system.)
>
> 7. The IAS claims that its assessors are “qualified solicitors
or barristers.” Yet there is no way to verify this. Decisions
are unsigned, anonymised, and unpublished. There is no
transparency, no register of assessors, and no way for a
motorist to assess the legal credibility of the individual
supposedly adjudicating their appeal. If the person reading this
really is legally qualified, they will know that without strict
proof of landowner authority (VCS v HMRC [2013] EWCA Civ 186),
no claim can succeed. They will also know that clear and
prominent signage is a prerequisite for contract formation
(ParkingEye v Beavis [2015] UKSC 67), and that keeper liability
under PoFA is only available where strict statutory conditions
are met.[/indent]
>
> If the assessor chooses to overlook these legal requirements
and accept vague assertions or redacted documents from the
operator, that will speak for itself—and lend further weight to
the growing concern that this appeals service is neither
independent nor genuinely legally qualified.
>
> In short, I dispute this charge in its entirety and require
full evidence of compliance with the law, industry codes of
practice, and basic contractual principles.
--- End Quote ---
[/quote]
#Post#: 91476--------------------------------------------------
Re: Private Parking Ticket - wasn't aware on private land
DIR By: sooty12113
Date: September 25, 2025, 9:34 am
---------------------------------------------------------
thanks I'll do that now
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