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#Post#: 94662--------------------------------------------------
Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: satsuki726
Date: October 18, 2025, 6:11 pm
---------------------------------------------------------
I (registered keeper) have received several Parking Charge
notices saying that the car was parked without parking permit
but actually it actually had one, but just with the old number
instead of the number that is actually attached to (personalised
reg). I have submitted an appeal regarding it was actually the
same vehicle and argued no loss of profit has been done. Would
anyone please tell me my chance of winning and if not should I
take it to IAS? Or can I take it straight to court.
My appeal letter was:
Dear Sir or Madam,
I am writing to respectfully appeal the above Parking Charge
Notice issued in relation to my vehicle, registration G26 XXX,
at Beaufort Park
1. Recent change of registration
This notice appears to have been issued because my vehicle’s
registration number was recently changed following the
assignment of a personalised number plate.
The vehicle has remained parked in its usual location within the
residential car park, and at all times I have been entitled to
use the space. The change of registration was a recent
administrative matter, and the parking company’s system
understandably had not yet been updated.
2. No loss or legitimate interest
No loss or inconvenience has been caused to any party. The
vehicle was not parked improperly, and no obstruction or misuse
occurred.
The Supreme Court decision in ParkingEye v Beavis [2015] UKSC 67
held that a parking charge may only be enforceable where it
protects a legitimate interest and is proportionate to that
purpose.
In this residential setting, there is no comparable legitimate
interest in penalising a resident vehicle for a brief
administrative oversight. As such, the charge is
disproportionate and falls within the example of unfair terms
listed in the Consumer Rights Act 2015 (Schedule 2, Paragraph
6), which prohibits requiring a consumer to pay a
disproportionately high sum for a minor error.
3. Repeated notices – same continuous event
If multiple notices have been issued during this period, they
relate to the same short-term situation immediately following
the number plate update. Pursuing several charges for the same
continuous event would be unreasonable and inconsistent with the
principles of fairness under consumer contract law.
4. Relevant case law for residential parking
I would also like to draw your attention to several County Court
authorities which have established that parking operators cannot
impose or enforce new conditions inconsistent with ordinary
residential parking use:
Jopson v Homeguard Services Ltd (2016, B9GF0A9E) – confirming
that residents’ normal use of parking areas does not constitute
a breach of contract.
Pace Recovery & Storage v Mr N (2016, C6GF14F0) and Link Parking
v Ms P (2016, C7GF50J7) – confirming that parking companies
cannot override residents’ pre-existing rights or impose
additional conditions by signage alone.
While I fully understand and respect the role of parking
management in maintaining order within the estate, these cases
make clear that such schemes should not be applied in a way that
penalises residents for technical or administrative issues where
no misuse has occurred.
5. Attachments
I have attached a copy of my V5C registration certificate, and
V948 confirming the date the new registration number was
assigned. As well as the DVLA email confirming the assignment of
G26 XXX onto the vehicle GD15 UAV proving that GD15 UAV and G26
XXX are the same vehicle, just with different number plates.
I have also attached my parking permit number 100541, which was
valid from 26/09/2025, therefore confirming the permit was valid
when the PCNs was issued. The history of number plate on this
permit was only visible on the admin side, confirmed by Beaufort
Park Concierge. Please contact them if you wish to confirm any
details via this email: concierge@beaufortpark.net
6. Request
Given the circumstances and supporting evidence, I kindly
request that this Parking Charge Notice be cancelled.
Should you decide not to cancel, please provide a POPLA/IAS
appeal reference so that I may refer this matter to the relevant
independent adjudicator.
Thank you for taking the time to review my appeal fairly and for
your understanding in this matter.
Yours faithfully,
Yibao Wu
#Post#: 94666--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: b789
Date: October 18, 2025, 7:01 pm
---------------------------------------------------------
What exactly does your lease say about parking? What it doesn't
say is equally as important. For example, does the lease mention
anything about requiring a permit to use your parking space?
#Post#: 94668--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: satsuki726
Date: October 18, 2025, 7:13 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> What exactly does your lease say about parking? What it
doesn't say is equally as important. For example, does the lease
mention anything about requiring a permit to use your parking
space?
>
--- End Quote ---
I rented so I quote the following from my tenancy agreement.
(q) Car Parking
(i)
To park private vehicle(s) only at the Property in the space,
garage or driveway allocated to the Property, if applicable.
(ii)
To keep any garage, driveway, or parking space free of oil and
to pay for the removal and cleaning of any spillage caused by a
vehicle of the Tenant, his family, contractors, or visitors.
(iii)
To remove all vehicles belonging to the Tenant, his family, or
visitors at the end of the Tenancy.
(iv)
Not to park any vehicle at the Property which is not in a road
worthy condition fully taxed and insured.
To me it feels like it says nothing..?
Thanks a lot for your help.
#Post#: 94725--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: b789
Date: October 19, 2025, 1:21 pm
---------------------------------------------------------
Your tenancy agreement wording grants you the right to park a
private vehicle in the space allocated to the property and says
nothing about permits or third-party charges. That supports
“primacy of contract”: your contractual right to use the bay
cannot be cut down by later signage or an operator’s permit
scheme unless your tenancy expressly incorporates those rules.
Chances of winning with Napier are almost zero, but your court
prospects are excellent if this is your allocated residential
space and there’s no tenancy term requiring a permit or agreeing
to charges. Do not rely on “no loss” alone; keep it but lead
with primacy of contract, derogation from grant, and unfair
terms.
Have you had a rejection of your appeal yet? Have you appealed
each PCN separately?
In the meantime I advise you to send the following to your
landlord/managing agent and make sure you copy in your self if
using email:
--- Quote ---
> Subject: Formal Complaint – Immediate Action Required to
Cancel Unlawful Parking Charges and Cease Data Misuse
>
> Dear [Managing Agent/Landlord Name],
>
> This is a formal complaint regarding your appointed parking
contractor, Napier Parking Ltd, who has issued multiple Parking
Charge Notices (PCNs) against my vehicle at Beaufort Park.
>
> My tenancy agreement contains no requirement whatsoever to
display a parking permit or comply with the terms of any
third-party parking enforcement company. There is equally no
clause authorising you or any managing agent to delegate
enforcement powers over my tenancy rights to an unregulated
private parking firm.
>
> Napier Parking Ltd therefore has no lawful authority to
interfere with my right to park in my allocated space. By
permitting or failing to control this conduct, you have allowed
a third party to override the terms of my tenancy and demand
payment for the lawful use of property I am contractually
entitled to occupy.
>
> This represents a clear derogation of grant and an
interference with quiet enjoyment, both contrary to the Landlord
and Tenant Act 1985. Allowing an unregulated private company to
issue speculative invoices to tenants using their own bays is an
unlawful interference with contractual rights and exposes you to
direct liability.
>
> Further, Napier’s ongoing processing of my personal data
breaches the UK GDPR and the Data Protection Act 2018. Napier
Parking Ltd has obtained and processed my keeper data from the
DVLA without reasonable cause, given that I hold a contractual
right to park in my allocated bay and no enforceable contract
with Napier exists. Their continued processing is neither
necessary nor proportionate to any legitimate interest (Articles
5(1)(a) and 6(1)(f) UK GDPR). I object to this processing under
Article 21 and require erasure of my data under Article 17,
together with rectification so any obsolete VRM linkage is
removed (Article 16).
>
> As the party that has engaged Napier to operate on the estate,
you are responsible for ensuring your contractor’s compliance.
You must therefore instruct Napier immediately to cease this
unlawful activity and to cancel all related PCNs.
>
> Accordingly, you are required to:
> [indent]• Instruct Napier Parking Ltd to cancel all PCNs
issued against my vehicle and to erase my personal data from
their systems, confirming completion in writing.
> • Confirm in writing that my contractual right to park in my
allocated space will not be made conditional on any third-party
scheme or permit requirement.
> • Provide documentary evidence of any lawful variation to my
tenancy agreement authorising this arrangement; failing which,
the scheme must be withdrawn in respect of my space.[/indent]
>
> Should you fail to act immediately, I will hold you jointly
and severally liable for any ongoing or future claims. I will
include you as a co-defendant in any legal proceedings arising
from this matter, as your conduct amounts to both a contractual
and statutory breach.
>
> If this complaint is not resolved within 14 days, I will
escalate it to the Housing Ombudsman Service for investigation
and will also raise a formal complaint with the Information
Commissioner’s Office (ICO) regarding the unlawful processing of
my personal data by your contractor (and your failure, as
principal, to ensure compliance).
>
> Yours faithfully,
>
> [Your Full Name]
> [Your Address / Tenancy Reference]
--- End Quote ---
#Post#: 94766--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: satsuki726
Date: October 20, 2025, 4:36 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Your tenancy agreement wording grants you the right to park a
private vehicle in the space allocated to the property and says
nothing about permits or third-party charges. That supports
“primacy of contract”: your contractual right to use the bay
cannot be cut down by later signage or an operator’s permit
scheme unless your tenancy expressly incorporates those rules.
>
> Have you had a rejection of your appeal yet? Have you appealed
each PCN separately?
>
>
>
--- End Quote ---
No rejection yet and yes I have appealed each separately since
it is the only way I could do it.
There was not exactly allocated space. There's just 2 lots that
was used for general residential parking, gates controlled with
a remote controller.
#Post#: 94849--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: b789
Date: October 20, 2025, 11:47 am
---------------------------------------------------------
In which case you can adjust the emaul/letter to the following:
--- Quote ---
> Subject: Formal Complaint – Immediate Cancellation of Unlawful
Parking Charges and Cessation of Unlawful Processing
>
> Dear [Managing Agent/Landlord Name],
>
> This is a formal complaint regarding your appointed parking
contractor, Napier Parking Ltd, who has issued multiple Parking
Charge Notices (PCNs) against my vehicle at Beaufort Park.
>
> My tenancy includes the amenity of resident-only gated car
parking accessed by a remote/fob issued for my use. The
agreement contains no requirement to display a permit or to
submit to a third-party enforcement scheme, nor any clause
authorising you to delegate enforcement powers over my tenancy
rights to a private parking company.
>
> Napier has no lawful authority to interfere with my
contractual right to use the resident-only gated car parks
provided with my tenancy. By authorising or tolerating this
conduct, you have allowed a third party to override my
contractual rights and demand money for the lawful use of
facilities I am already entitled to use. This amounts to
derogation from grant and interference with quiet enjoyment,
contrary to the Landlord and Tenant Act 1985.
>
> Data protection non-compliance
> Further, Napier’s ongoing processing of my personal data
breaches the UK GDPR and the Data Protection Act 2018. Napier
Parking Ltd has obtained and processed my keeper data from the
DVLA without reasonable cause, given that I hold a contractual
right to use the resident-only gated car parks provided with my
tenancy and no enforceable contract with Napier exists. Their
continued processing is neither necessary nor proportionate to
any legitimate interest (Articles 5(1)(a) and 6(1)(f) UK GDPR).
I object to this processing under Article 21 and require erasure
under Article 17, together with rectification so any obsolete
VRM linkage is removed (Article 16).
>
> As the party that has engaged Napier to operate on the estate,
you are responsible for ensuring your contractor’s compliance.
You must therefore instruct Napier immediately to cease this
unlawful activity and to cancel all related PCNs.
>
> Accordingly, you are required to:
> [indent]1. Instruct Napier Parking Ltd to cancel all PCNs
issued against my vehicle and to erase my personal data from
their systems, confirming completion in writing.
> 2. Confirm in writing that my contractual right to use the
resident-only gated car parks will not be made conditional on
any third-party scheme or permit requirement.
> 3. Provide documentary evidence of any lawful variation to my
tenancy agreement authorising this arrangement; failing which,
the scheme must be withdrawn in respect of the resident-only
gated car parks provided with my tenancy.[/indent]
>
> Please treat this as a formal complaint under your internal
complaints procedure, with acknowledgement within 5 working days
and a full written response within 14.
>
> If this complaint is not resolved within 14 days, I will
escalate it to the Housing Ombudsman Service for investigation
and will also raise a formal complaint with the Information
Commissioner’s Office (ICO) regarding the unlawful processing of
my personal data by your contractor (and your failure, as
principal, to ensure compliance). I will also hold you jointly
and severally liable in any court proceedings arising from this
matter.
>
> Yours faithfully,
>
> [Your Full Name]
> [Your Address / Tenancy Reference]
--- End Quote ---
[/quote]
#Post#: 94906--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: satsuki726
Date: October 20, 2025, 7:14 pm
---------------------------------------------------------
[member=26]b789[/member]
Indeed great appreciations for your help.
I have just sent the email and just waiting for the reply from
them / and the appeal(s).
Another question I have is that from my understanding I would
probably need to go to court. In this case do I just wait for
them to sue me?
Thanks again.
#Post#: 94907--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: satsuki726
Date: October 20, 2025, 7:15 pm
---------------------------------------------------------
Also would they ask a debt collection company to chase me and
would that affect my in a bad way? (Credit score, issues with
renting, etc.)
#Post#: 94908--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: satsuki726
Date: October 20, 2025, 7:22 pm
---------------------------------------------------------
Sorry just realised that was a dumb question that can easily be
googled. My question actually should be can I just ignore them
and I guess I will just wait for a court claim?
#Post#: 94909--------------------------------------------------
Re: Napier Parking - Forgotten to change to personalised reg on
permit - 7 PCNs received
DIR By: satsuki726
Date: October 20, 2025, 7:41 pm
---------------------------------------------------------
I have just realised that I emailed them the wrong thing. I
emailed the 'allocated space' version instead of the 'gated'
one, should I email them again? or just reply myself with some
corrections.
Thanks.
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