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#Post#: 98592--------------------------------------------------
Split: PCN Appeal - Trade City Romford - CUP Enforcement
DIR By: Samo05
Date: November 18, 2025, 3:14 am
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I also had a fine for a car being on their land. I appealed as
per the statement you advised to use but I have received this
back. Any help would be appreciated. See below.
17/11/2025
Dear Mr Dean Salmon,
Re: Parking Charge Notice Number 114634 (Vehicle: DE65XDX)
POPLA Verification Code: 1433215004
Site: Trade city
Issue date: 28/10/2025
Contravention: Parked on or within a no parking area
Thank you for your appeal received on 10/11/2025 regarding the
above detailed Parking Charge Notice. We have
reviewed the case and considered the comments you have made.
This appeal has been considered in conjunction
with the evidence gathered by the parking attendant. Our records
show the notice was correctly issued as the
vehicle was parked in breach of the Terms and Conditions of
Parking.
Whilst we appreciate your concerns and the comments raised; the
vehicle was parked on private land, in a no-
parking area; this means that parking for any amount of time is
not allowed, in breach of the terms and conditions,
the vehicle registration mark was not exempt from parking terms
at the above location, and no supporting
evidence was submitted in the first instance to support
authority from the operator to use the space.
Within the appeal, you claimed that the Notice to Keeper does
not comply with the requirements of Schedule 4 of
the Protection of Freedoms Act 2012.
The notice states:
' ... This Parking Charge Notice has been issued to the
above-mentioned vehicle due to a breach of the Terms &
Conditions of Parking at the location noted above. The Parking
Charge is now payable to C.U.P Enforcement as
the Creditor. The Parking Charge notice of £100 is due for
payment within 28 days of the notice date. If paid within
14 days of this notice date the amount payable will be reduced
to £60.
The signage displayed at the entrance of the car park and
throughout states that the site is private land operated
by C.U.P Enforcement (the creditor). The conditions detailed on
the signage must be complied to or a Parking
Charge Notice will be incurred. Motorists who choose to park
their vehicle in the car park are thereby agreeing to
be bound by these terms. As the motorist has contravened the
terms and conditions detailed on the signage, a
parking charge notice has been issued and is now payable to
C.U.P Enforcement.
Protection of Freedoms Act 2012 Paragraph:
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. This information
can be supplied online at:
cupenforcement-liability.zatappeal.com
You are advised that if, after 29 days from the date given
(which is presumed to be the second working day after
the Date Issued), the parking charge has not been paid in full
and we do not know both the name and current
address of the driver, we have the right to recover any unpaid
part of the parking charge from you as the vehicle s
Registered Keeper. This Notice is given to you under Paragraph
9(2)(f) of Schedule 4 of the Protection of
Freedoms Act 2012 and is subject to our compliance with the
applicable conditions under Schedule 4 of the Act.
Should you provide an incorrect address for service, we may
pursue you for any Parking Charge amount that
remains unpaid. Should you identify someone who denies they were
the driver, we may pursue you for any
Parking Charge amount that remains unpaid. Please see reverse
for details of how to pay, transfer liability, or
appeal this PCN ... '
CUP Enforcement is authorised to issue clearance, parking
permits and charges under PoFA 2012 in cases of
contravention. As detailed above, the notice is PoFA 2012
compliant.
The driver entered a contract with CUP due to the following:
Firstly, there was an offer, which was reasonably
brought to attention via signage at the site which sets out the
terms and conditions. Secondly, the driver was
afforded a reasonable opportunity to read and understand the
offer and consequently, is now required to comply
with the contract. Ultimately, it is the responsibility and
duty of the motorist to ensure upon arrival, that they seek
out, read and comply with terms and conditions accepted upon
parking if they wish to use land that does not
belong to them. By parking the vehicle in contravention, they
accept the potential consequence of incurring a
PCN. Terms and conditions were undoubtedly displayed and
contact information is displayed on all CUP signage,
however, none was made. Unfortunately, sufficient evidence was
not provided in order to warrant the cancellation
of the PCN. In line with PoFA 2012, as the contact details of
the driver have not been provided, the registered
keeper is now liable for the parking charge notice. The terms
and conditions are displayed on CUP signage
throughout the development to notify drivers of the contractual
agreement when entering the above location. We
can confirm the officer followed the correct procedure and the
PCN was issued correctly.
The Private Parking Sector Single Code of Practice (SCoP) sets
the standards with which parking operators that
are regulated by The British Parking Organisation and The
International Parking Community need to comply.
Section 2.19a of SCoP sets the definition of parking as: a
vehicle entering and remaining on controlled land.
Section 2.19b of SCoP defines the action of being parked as: a
vehicle being stationary other than in the course
of driving. A vehicle may be deemed to be parked whether or not
the driver has vacated the vehicle/turned off the
ignition. The evidence shows it was stationary; hence, was
observed as being parked - this observation stands.
As parking was prohibited in this area, there was a breach of
the terms and conditions indeed.
A stationary vehicle is classed as parked whether or not the
driver or any passengers are waiting within the vehicle
or in the surrounding area, and whether or not the engine is
running. Parking standards are a matter of safety,
security and etiquette. Responsibility rests with the driver to
ensure the area selected for stay, no matter the
occasion or duration, is suitable and parking complies with
current terms and conditions. The time and date
stamped photographic evidence submitted by the operative,
captured the vehicle parked at the location. Our
sitemaps confirm the signage at the site was clear, legible,
unobstructed, in full operation and in proximity to the
vehicle.
Please note wardens are not obligated to place notices on
vehicles parked within sites where signage is already
on display, or communicate directly with motorists and have the
right to complete their duties without harassment.
Motorists are at liberty to park elsewhere. Those who choose to
park on private land without permission are
trespassing therefore, any vehicle found parked without due
authorisation from the parking operator will incur a
charge.
Having considered all grounds for the appeal you will understand
that sadly we are unable to accept your appeal.
When parking on private land, the motorist agrees to abide by
any clearly displayed conditions of parking in return
for permission to park. This location is private property and is
managed by CUP Enforcement on behalf of the
landowner. CUP Enforcement fully complies with the guidelines
set by the British Parking Association. Please note
photographic evidence is taken with every PCN that is issued.
Payments made at this time will be for the amount of £60.00
within 14 days of the date of this notice. Failure to pay
the amount may result in further costs being incurred and may
also result in CUP Enforcement, reluctantly
instructing a Debt Collection Agency to collect any sum due.
You have now reached the end of our internal appeals procedure
and therefore you now have two options: You
can pay the total amount due or you can appeal to an Independent
Appeals Service, POPLA (Parking on Private
Land Appeals) within 28 days using the POPLA Reference code
provided. Should you wish to make a second
appeal, this can be done through POPLA - the independent appeals
service - at www.popla.co.uk
By law we are also required to inform you that Ombudsman
Services (www.ombudsman-services.org/) provides
an alternative dispute resolution service that would be
competent to deal with your appeal. However, we have not
chosen to participate in their alternative dispute resolution
service. As such should you wish to further appeal then
you must do so to POPLA, as outlined here. Your POPLA
verification code is 1433215004
Please note that if you wish to appeal to POPLA, and should
POPLA's decision not go in your favour, you will then
be required to pay the full amount of £100.00 and all further
charges.
Yours sincerely,
Appeals Department
CUP Enforcement
#Post#: 98596--------------------------------------------------
Re: Split: PCN Appeal - Eley Estate - CUP Enforcement
DIR By: b789
Date: November 18, 2025, 3:20 am
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[member=7377]Samo05[/member], please start your own thread if
you want advice. Posting about your own case in someone else's
thread is the equivalent to barging in to a conversation and
interrupting, expecting everyone to just drop everything and
concentrate on you. It also creates confusion over what advice
is being given to who.
Once you have started your own thread, we can assist.
#Post#: 98599--------------------------------------------------
Re: Split: PCN Appeal - Eley Estate - CUP Enforcement
DIR By: DWMB2
Date: November 18, 2025, 3:36 am
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I have split this out into its own topic.
#Post#: 98602--------------------------------------------------
Re: Split: PCN Appeal - Eley Estate - CUP Enforcement
DIR By: Samo05
Date: November 18, 2025, 3:42 am
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Apologies for that. First time using this site,
#Post#: 98603--------------------------------------------------
Re: Split: PCN Appeal - Eley Estate - CUP Enforcement
DIR By: jfollows
Date: November 18, 2025, 3:46 am
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--- Quote from: Samo05 link ---
>
> Apologies for that. First time using this site. How do i
create a new Topic please?
>
--- End Quote ---
It’s been done for you already.
However, there is a NEW TOPIC button on the main topic thread
page
HTML https://www.ftla.uk/private-parking-tickets/
See
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and
HTML https://www.ftla.uk/announcements/house-rules/
#Post#: 98620--------------------------------------------------
Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
DIR By: b789
Date: November 18, 2025, 4:48 am
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What did you say in your appeal?
#Post#: 98621--------------------------------------------------
Re: Split: PCN Appeal - Eley Estate - CUP Enforcement
DIR By: InterCity125
Date: November 18, 2025, 4:48 am
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--- Quote from: Samo05 link ---
>
> Apologies for that. First time using this site,
>
--- End Quote ---
Can you post up the original PCN redacting ONLY personal
details. Leave all times and dates showing.
#Post#: 98745--------------------------------------------------
Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
DIR By: Samo05
Date: November 19, 2025, 3:47 am
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How can i post a photo of the PCN please? Its asking for a URL
for my photo.
#Post#: 98747--------------------------------------------------
Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
DIR By: Samo05
Date: November 19, 2025, 3:58 am
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copied a standard response that was on one of the CUP threads
but i cant seem to find it now. Like its been deleted. But it
went along the same lines as that i was not obliged to give you
the drivers details.
It was similar to this.
Dear CUP Enforcement,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
There is no obligation for me to name the driver and I will not
be doing so. I am therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Thanks.
#Post#: 98749--------------------------------------------------
Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
DIR By: jfollows
Date: November 19, 2025, 4:07 am
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If CUP complied with the requirements of PoFA 2012 the liability
can be transferred to you, the registered keeper. Which is why
we need to see the NtK. Instructions on posting images can be
found through the READ THIS FIRST link.
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