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       #Post#: 102264--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: Samo05
       Date: December 13, 2025, 2:00 am
       ---------------------------------------------------------
       client details have been obscured, but there is the contractor
       details on the last page.
       Is this relevant?
       #Post#: 102280--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: b789
       Date: December 13, 2025, 5:47 am
       ---------------------------------------------------------
       What a rubbish evidence pack. You can simply copy and paste the
       following as your response to the operators evidence:
       --- Quote ---
       > Keeper rebuttal of CUP Enforcement evidence pack (PCN 114634,
       Trade City Romford)
       >
       > 1. Keeper liability is not established because the Notice to
       Keeper does not comply with PoFA Schedule 4 paragraph 9(2)(a).
       >
       > PoFA 9(2)(a) requires the Notice to Keeper to “specify… the
       period of parking to which the notice relates”. The Notice to
       Keeper in this case does not specify any period of parking and
       does not even use those words. The operator has not identified
       any wording on the Notice to Keeper that states a "PERIOD OF
       PARKING". Instead, they rely on later evidence (CCTV stills) and
       assert “over 8 minutes”. That is not what the statute requires.
       >
       > PoFA is a strict conditions-based mechanism. If an operator
       wants to transfer liability from an unknown driver to a keeper,
       the Notice to Keeper itself MUST contain the mandatory
       information. Evidence produced later cannot retrospectively make
       a defective Notice to Keeper PoFA compliant. The legal notice
       must be compliant on its face. It isn’t. Therefore, no keeper
       liability can arise.
       >
       > 2. The operator’s reliance on CCTV stills and an asserted “8
       minutes” does not cure the defective Notice to Keeper, and POPLA
       must not treat tiny/illegible photographs as satisfying 9(2)(a).
       >
       > The operator says they have CCTV stills showing the vehicle at
       the location for 8 minutes. Even if POPLA accepts those
       timestamps, this does not address the failure in the Notice to
       Keeper: PoFA 9(2)(a) requires the notice itself to “specify the
       period of parking to which the notice relates”.
       >
       > In anticipation of a POPLA argument: “the Notice to Keeper
       includes two CCTV stills with timestamps, therefore it specifies
       the period”. That is wrong for two separate reasons:
       >
       > (a) A period of parking MUST be specified as a period, not
       left to inference.
       >
       > A “period” means a stated duration or a stated start/end
       period of parking set out in the body text of the Notice to
       Keeper. Two images with times (even if readable) are not a
       specified period of parking. At best they are raw data from
       which someone might try to infer something. PoFA does not say
       “provide information from which a period might be inferred”. It
       says the Notice “MUST specify… the period of parking”.
       >
       > (b) The timestamps are not part of the mandatory statutory
       wording and are illegible on the Notice to Keeper.
       >
       > There is no legal requirement to include photographs on a
       Notice to Keeper at all. The operator chose to include small
       images, but the timestamps are tiny and not reliably legible on
       the Notice itself. A statutory requirement cannot be satisfied
       by expecting a recipient (or POPLA) to magnify tiny images,
       guess at the numbers, or infer a duration.
       >
       > Accordingly, even if two timed CCTV stills appear on the
       Notice to Keeper, they do not satisfy PoFA 9(2)(a). The Notice
       must specify the period of parking in the notice itself. It does
       not. Later evidence cannot repair that statutory defect.
       >
       > 3. The operator’s “liability has been established because the
       keeper confirmed keeper status” statement is a clear legal
       error.
       >
       > The evidence pack states, in effect, “the keeper confirmed
       they were the keeper, therefore liability has been established”.
       That is wrong. Keeper status is not liability. Keeper liability
       ONLY arises if the operator FULLY complies with ALL statutory
       conditions. POPLA should give no weight to any conclusion of
       “keeper liability established” that is based on that error.
       >
       > 4. Their Notice of Rejection is generic assertion and does not
       evidence contract formation.
       >
       > The operator’s Notice of Rejection says (paraphrased) “there
       was an offer brought to attention via signage; the driver had
       opportunity to read; it is the motorist’s duty to seek out
       signs; by parking they accept the consequences; terms were
       undoubtedly displayed”. That is advocacy, not evidence.
       >
       > It does not evidence:
       >
       > (a) where the alleged offer was displayed on approach to the
       site (they do not even evidence an entrance sign)
       > (b) that terms were readable from a driver’s viewpoint before
       stopping/parking where the vehicle is shown
       > (c) that signage was in “prominent positions” as they claim
       > (d) how a contract is formed for an area they label as “no
       parking” / “no waiting” / “no obstruction”.
       >
       > 5. Consideration is not evidenced for a “no parking area”
       allegation, and their own sign wording is only prohibitive.
       >
       > The operator’s sign wording (as they quote it) is only
       prohibitions: “No parking on roads and footpaths”, “No waiting”,
       “No loading/unloading”, “No parking on yellow lines”, etc., with
       a threatened charge if a motorist fails to comply.
       >
       > For a contract, there must be an OFFER capable of ACCEPTANCE
       and CONSIDERATION (permission/benefit granted in exchange for
       compliance/payment). For a location that is expressly prohibited
       (“no parking”), there is no offer of parking to accept in that
       prohibited area. The operator cannot logically argue both:
       >
       > (1) “parking for any amount of time is not allowed here” and
       > (2) “a contract was offered and accepted to park here”.
       >
       > If their position is that stopping/parking on the
       roadway/footpath/yellow line is forbidden, then the sign is not
       offering parking in those areas. It is warning drivers not to do
       it. A prohibition backed by a demand is not an offer of parking
       at that place. The Notice of Rejection does not address this
       contradiction at all, and it does not explain what consideration
       the driver allegedly received for parking in a prohibited area.
       >
       > 6. They have not evidenced any entrance signage, despite
       claiming that the terms were brought to attention on entry.
       >
       > They state “signage displayed at the entrance… and
       throughout”. Yet the pack does not evidence an entrance sign in
       situ in any way that shows a driver would see it on entry.
       Close-up “sample” photos of a terms and conditions sign are not
       the same thing as proving an entrance sign existed, was
       positioned correctly, and was readable at the material time from
       a driver’s approach. If the offer is allegedly made on arrival,
       entrance signage is fundamental evidence. It is missing.
       >
       > 7. Their signage evidence does not demonstrate that the driver
       was put on notice on entry, nor that any terms signage was
       sufficiently prominent to be noticed and then read.
       >
       > The operator asserts that the driver had a duty “upon arrival”
       to “seek out, read and comply” with terms. That presupposes that
       the driver was first placed on clear notice at the point of
       entry that this is private land subject to contractual terms and
       that further terms signs exist which must be located and read.
       The operator has not evidenced any entrance sign at all. Without
       an entrance sign, a driver would have no reason to know that
       they must actively search for other signs within the site, still
       less that stopping in the area shown would purportedly trigger a
       £100 charge.
       >
       > In the absence of any evidenced entrance signage, the operator
       must at least prove that the on-site terms signage was
       sufficiently prominent to be readily seen and recognised as a
       terms sign from the place where the vehicle is shown, so that a
       driver would know to go and read it. They have not done so.
       >
       > Their “contravention” photos show the vehicle partially on a
       yellow-lined pedestrian pathway with a sign in the far
       background. The sign is not prominent in the context images and
       the terms are not readable from those shots. The operator then
       relies on close-up “sample signage” photos (apparently from
       other dates) to show the wording. Close-up photos prove only
       that a sign exists somewhere when photographed up close; they do
       not prove that a driver would have noticed it in real
       conditions, from the route of entry and from the area where the
       vehicle is shown.
       >
       > Further, the only sign they appear to rely upon is mounted on
       a bike shed at the back of the area, not on a freestanding pole,
       and their own close-up shows it positioned alongside other
       worn/competing signage. That dilutes prominence and makes it
       less likely to stand out as the key contractual notice. The
       operator has not provided driver-eye photos showing how a
       motorist would be alerted to the need to find and read that
       particular sign, nor any evidence that it was the nearest or
       most prominent sign in relation to the vehicle’s position.
       >
       > Accordingly, the operator has not shown (i) any entry-point
       notification that contractual terms applied and must be sought,
       or (ii) that the alleged terms signage was prominent enough to
       be found and read by a motorist at the material time.
       >
       > 8. Their “opportunity to read due to duration” argument is
       circular and assumes what they must prove.
       >
       > They argue the motorist had opportunity to read the terms
       because of “the duration of parking” and “proximity of
       signboards”. That is not evidence of communication of terms; it
       is an assumption.
       >
       > If there is no evidenced entrance sign and the only sign they
       rely on is at the back of the car park, then “time on site” does
       not prove the driver ever saw, read, or accepted anything. POPLA
       should require evidence that terms were reasonably brought to
       attention, not accept a circular argument that “because they
       were there for X minutes, they must have read it”.
       >
       > 9. “Multiple vehicles parked similarly” supports lack of
       adequate notice, not the operator’s case.
       >
       > The operator’s own plan/photographs show multiple vehicles
       parking on the same pathways/areas. That is consistent with
       drivers not being given clear, prominent notice of any alleged
       “no parking” contractual terms. If the location were clearly and
       prominently signed, it is unlikely that multiple motorists would
       independently choose to park in the same “prohibited” place.
       >
       > This reinforces the appeal point: signage is not prominent and
       is not doing what the operator claims it does.
       >
       > 10. Standing/landowner authority: POPLA must not infer
       authority from the mere presence of signs or the operator’s
       say-so.
       >
       > The operator has not produced proper evidence of landowner
       authority meeting the mandatory requirements set out in PPSCoP
       section 14.1 (a–j). What they provide is essentially an
       operator-produced “permission” document / redacted site
       agreement. That is not adequate proof of standing.
       >
       > It is not open to POPLA to assume “they must have permission
       because the signs are there” or “no reasonable landowner would
       allow it otherwise”. That is speculation and it reverses the
       burden of proof. The burden is on the operator to prove
       authority, not on an appellant to disprove it.
       >
       > There are many real-world reasons why signage might be present
       even where authority is absent or deficient, including:
       >
       > (a) authority expired or was terminated but signs remain in
       place
       > (b) authority is limited to certain bays/areas but the
       operator is ticketing outside that scope
       > (c) authority is held by a different entity than the one
       pursuing the charge
       > (d) a managing agent or contractor installed signs without the
       landowner’s informed consent or without a compliant written
       confirmation
       > (e) authority exists in some form, but not in the form
       required by the Code (missing mandatory items).
       >
       > Because the operator relies on its alleged standing to issue
       and pursue charges, POPLA should require the operator to
       actually prove it with a contemporaneous, verifiable, dated,
       signed agreement and supporting confirmation that covers all
       mandatory elements. If they do not, POPLA cannot be satisfied
       they have standing for this site and this specific area.
       >
       > 11. Net result: the operator’s pack does not rebut the appeal.
       >
       > It does not show PoFA compliance because the Notice to Keeper
       does not specify the period of parking (PoFA 9(2)(a)), and later
       CCTV stills cannot cure that defect. It does not evidence a
       contract because it does not evidence an entrance sign, does not
       evidence prominence/readability from the driver’s position, and
       relies on prohibitive “no parking” wording without explaining
       what offer and consideration supposedly created a contract in a
       prohibited area. It does not properly evidence landowner
       authority meeting the mandatory PPSCoP requirements and POPLA
       must not fill that evidential gap by making assumptions.
       >
       > For those reasons, the appeal should be allowed and the charge
       cancelled.
       --- End Quote ---
       #Post#: 102368--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: Samo05
       Date: December 14, 2025, 1:35 am
       ---------------------------------------------------------
       Wow, what a response. Appreciate this. Thank you.
       #Post#: 102369--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: Samo05
       Date: December 14, 2025, 1:40 am
       ---------------------------------------------------------
       its only a 10000 word response. So i cant fit this in part in if
       i remove the first line sentence of the appeal.
       The burden is on the operator to prove authority, not on an
       appellant to disprove it.
       There are many real-world reasons why signage might be present
       even where authority is absent or deficient, including:
       (a) authority expired or was terminated but signs remain in
       place
       (b) authority is limited to certain bays/areas but the operator
       is ticketing outside that scope
       (c) authority is held by a different entity than the one
       pursuing the charge
       (d) a managing agent or contractor installed signs without the
       landowner’s informed consent or without a compliant written
       confirmation
       (e) authority exists in some form, but not in the form required
       by the Code (missing mandatory items).
       Because the operator relies on its alleged standing to issue and
       pursue charges, POPLA should require the operator to actually
       prove it with a contemporaneous, verifiable, dated, signed
       agreement and supporting confirmation that covers all mandatory
       elements. If they do not, POPLA cannot be satisfied they have
       standing for this site and this specific area.
       11. Net result: the operator’s pack does not rebut the appeal.
       It does not show PoFA compliance because the Notice to Keeper
       does not specify the period of parking (PoFA 9(2)(a)), and later
       CCTV stills cannot cure that defect. It does not evidence a
       contract because it does not evidence an entrance sign, does not
       evidence prominence/readability from the driver’s position, and
       relies on prohibitive “no parking” wording without explaining
       what offer and consideration supposedly created a contract in a
       prohibited area. It does not properly evidence landowner
       authority meeting the mandatory PPSCoP requirements and POPLA
       must not fill that evidential gap by making assumptions.
       For those reasons, the appeal should be allowed and the charge
       cancelled.
       #Post#: 102390--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: b789
       Date: December 14, 2025, 8:15 am
       ---------------------------------------------------------
       Just upload it as a PDF file. Put "See attached PDF file for
       appeal" in the text box. It is certainly less than 10,000
       "words". Did you mean "characters"?
       Otherwise, paste the following which is definitely under 10,000
       characters (including punctuation and spaces):
       --- Quote ---
       > 1. Keeper liability is not established because the Notice to
       Keeper (NtK) does not comply with PoFA Schedule 4 paragraph
       9(2)(a).
       >
       > PoFA 9(2)(a) requires an NtK to “specify… the period of
       parking to which the notice relates”. This NtK does not specify
       any period of parking and does not even use those words. The
       operator has not identified any wording on the NtK that states a
       “period of parking”. Instead, they rely on later CCTV stills and
       assert “over 8 minutes”. That is not what the statute requires.
       >
       > PoFA is a strict, conditions-based mechanism. If an operator
       wants to transfer liability from an unknown driver to a keeper,
       the NtK itself MUST contain the mandatory information. Evidence
       produced later cannot retrospectively make a defective NtK PoFA
       compliant. The notice must be compliant on its face. It is not.
       Therefore, no keeper liability can arise.
       >
       > 2. CCTV stills and an asserted “8 minutes” do not satisfy PoFA
       9(2)(a).
       >
       > The operator says CCTV stills show the vehicle at the location
       for about 8 minutes. Even if POPLA accepts those timestamps,
       that does not address the failure in the NtK: PoFA 9(2)(a)
       requires the NtK itself to specify the period of parking to
       which it relates.
       >
       > A period of parking MUST be specified as a period, not left to
       inference. A “period” means a stated duration or a stated
       start/end period set out in the NtK itself. Two images with
       times are not the NtK specifying a period of parking; at best
       they are raw data from which someone might infer something. PoFA
       does not say “provide information from which a period might be
       inferred”. It says the NtK MUST specify the period.
       >
       > There is also no legal requirement to include photos on an
       NtK. Here, the images are small and the timestamps are tiny and
       not reliably legible on the NtK. A statutory requirement cannot
       be satisfied by expecting a recipient (or POPLA) to magnify tiny
       images, guess at numbers, or construct an alleged period from
       photographs.
       >
       > Accordingly, whether the operator relies on the NtK images or
       later CCTV stills in the evidence pack, that cannot cure the
       absence of a specified period of parking on the NtK. Since the
       NtK does not specify the period of parking as required by PoFA
       9(2)(a), keeper liability cannot arise and the appeal must be
       allowed.
       >
       > 3. The operator’s “liability has been established because the
       keeper confirmed keeper status” statement is a clear legal
       error.
       >
       > The evidence pack states, in effect, “the keeper confirmed
       they were the keeper, therefore liability has been established”.
       That is wrong. Keeper status is not liability. Keeper liability
       only arises if the operator fully complies with all statutory
       conditions. POPLA should give no weight to any conclusion of
       “keeper liability established” that is based on that error.
       >
       > 4. Their Notice of Rejection is generic assertion and does not
       evidence contract formation.
       >
       > They simply assert: there was an offer brought to attention by
       signage, the driver had an opportunity to read it, and it is the
       motorist’s duty to “seek out, read and comply” with terms. That
       is advocacy, not evidence. It does not evidence any entrance
       sign; it does not show where the alleged offer was displayed on
       approach; it does not show that signs were in “prominent
       positions”; and it does not explain how a contract is formed for
       an area they label as “no parking / no waiting / no
       obstruction”.
       >
       > 5. Consideration is not evidenced for a “no parking area”
       allegation, and their own sign wording is prohibitive.
       >
       > The operator’s quoted sign terms are prohibitions: “No parking
       on roads and footpaths”, “No waiting”, “No loading/unloading”,
       “No parking on yellow lines”, etc., with a threatened charge if
       a motorist fails to comply. For a contract there must be an
       offer capable of acceptance and consideration
       (permission/benefit granted in exchange for compliance/payment).
       For a location that is expressly prohibited (“no parking”),
       there is no offer of parking to accept in that prohibited area
       and no consideration/permission granted for that location. The
       operator cannot logically argue both:
       >
       > (1) “parking for any amount of time is not allowed here”; and
       > (2) “a contract was offered and accepted to park here”.
       >
       > A prohibition backed by a demand for £100 is not an “offer” to
       park in a prohibited area. The Notice of Rejection does not
       address this contradiction, and it does not explain what
       consideration the driver supposedly received for parking where
       parking is said to be forbidden.
       >
       > 6. They have not evidenced any entrance signage, despite
       claiming the terms were brought to attention on entry.
       >
       > They state “signage displayed at the entrance… and
       throughout”. Yet the pack does not evidence an entrance sign in
       situ in any way that shows a driver would see it on entry on the
       material date. Close-up “sample” photos of a terms sign are not
       proof of entrance notice. If they rely on a claimed duty to
       “seek out” terms, they must first prove the driver was alerted
       on entry that the land is private, that contractual terms apply,
       and that further terms signage must be located and read. They
       have not.
       >
       > 7. Their signage evidence does not demonstrate that the driver
       was put on notice on entry, nor that any terms signage was
       sufficiently prominent to be found and then read.
       >
       > The operator’s “seek out the terms” argument presupposes
       entry-point notice. Without an entrance sign, a driver would
       have no reason to know they must actively search for any sign at
       all, still less that stopping in the area shown would
       purportedly trigger a £100 charge.
       >
       > In the absence of any evidenced entrance signage, the operator
       must at least prove that the on-site terms signage was
       sufficiently prominent to be readily seen and recognised as a
       terms sign from the area where the vehicle is shown, so that a
       driver would know to go and read it. They have not done so.
       >
       > Their contravention photos show the vehicle partially on a
       yellow-lined pedestrian pathway with a sign far away in the
       background; the terms are unreadable in the context shots. The
       operator then relies on close-up photos (apparently from other
       dates) to show the wording. Close-up photos prove only that a
       sign exists when photographed up close; they do not prove that a
       motorist would have noticed it in real conditions, from the
       route of entry and from the area where the vehicle is shown.
       >
       > Further, the only sign they appear to rely upon is mounted on
       a bike shed at the back of the area, not on a freestanding pole,
       and their own close-up shows it positioned alongside other
       worn/competing signage. That reduces prominence and makes it
       less likely to stand out as the key contractual notice. The
       operator has not provided driver-eye photos showing how a
       motorist would be alerted to the need to find and read that
       sign, nor evidence it was the nearest/most prominent sign
       relative to the vehicle position.
       >
       > 8. Their “opportunity to read due to duration” argument is
       circular.
       >
       > They argue the motorist had opportunity to read the terms
       because of “the duration of parking” and “proximity of
       signboards”. That is an assumption, not evidence. Time on site
       does not prove the driver saw, read, or accepted the terms,
       particularly where no entrance sign is evidenced and the alleged
       terms sign is distant and not shown to stand out.
       >
       > 9. Multiple vehicles parked similarly supports lack of
       adequate notice, not the operator’s case.
       >
       > The operator’s own plan/photographs show multiple vehicles
       parking on the same pathways/areas. That is consistent with
       drivers not being given clear, prominent notice of any alleged
       “no parking” terms. If the location were clearly and prominently
       signed, it is unlikely that multiple motorists would
       independently choose to park in the same “prohibited” place.
       >
       > 10. Standing/landowner authority: POPLA must not infer
       authority from the mere presence of signs or the operator’s
       say-so.
       >
       > The operator has not produced verifiable evidence of landowner
       authority meeting the mandatory requirements set out in PPSCoP
       section 14.1 (a–j). What they provide is essentially an
       operator-produced “permission” document / redacted site
       agreement, which is not adequate proof of standing.
       >
       > POPLA must not assume “they must have permission because the
       signs are there” or “no reasonable landowner would allow it
       otherwise”. That is speculation and reverses the burden of
       proof. Signs can remain after expiry/termination; signs can be
       installed by agents/contractors with limited powers; authority
       can be limited to parts of a site; or authority can be held by a
       different entity. None of those issues is resolved by the mere
       existence of signage. The operator must prove contemporaneous,
       site-specific authority with a dated, signed, verifiable
       agreement/confirmation that evidences compliance with the Code’s
       mandatory requirements.
       >
       > 11. Net result: the operator’s pack does not rebut the appeal.
       >
       > It does not show PoFA compliance because the NtK does not
       specify the period of parking (PoFA 9(2)(a)) and later CCTV
       stills cannot cure that defect. It does not evidence a contract
       because it does not evidence an entrance sign, does not show
       prominence/findability of the alleged terms sign, and relies on
       prohibitive wording without explaining what offer and
       consideration supposedly created a contract in a prohibited
       area. It does not properly evidence standing under PPSCoP
       section 14 and POPLA must not fill that evidential gap by making
       assumptions. The appeal should be allowed and the charge
       cancelled.
       --- End Quote ---
       #Post#: 102445--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: Samo05
       Date: December 15, 2025, 1:03 am
       ---------------------------------------------------------
       Brilliant, thank you so much for your help. Ill update you with
       my appeal decision.
       If this goes the right way for me is there anywhere i can donate
       for the help supplied here?
       #Post#: 102446--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: Samo05
       Date: December 15, 2025, 1:05 am
       ---------------------------------------------------------
       We are writing to update you about your appeal.
       Your appeal is now ready to be assessed and is currently in a
       queue waiting to be allocated. We expect to make a decision on
       your appeal 6-8 weeks from the point that the appeal was first
       submitted. The next communication that you will receive from us
       will be the decision on your appeal.
       Kind regards
       POPLA Team
       #Post#: 110391--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: Samo05
       Date: February 19, 2026, 1:23 pm
       ---------------------------------------------------------
       So i have had my appeal rejected. See below.
       Decision: Unsuccessful
       Assessor Name: Natalie Matthews
       Assessor summary of operator case: The operator has issued the
       Parking Charge Notice (PCN) for parking in a no parking area.
       Assessor summary of your case:
       The appellant has provided a detailed account of events. For the
       purpose of my report, I have summarised the grounds into the
       following points and have checked each point before coming to my
       conclusion. The appellant says that: • They raised that the PCN
       doesn’t meet Protection of Freedoms Act (PoFA) 2012 in relation
       to keeper liability. • The PCN refers to “failed to make a valid
       payment” and refers to a date of issue. • They raised the PCN
       doesn’t have the correct warning, “after the period of 28 days
       beginning with the day after that on which the notice is
       given…”. • They raised landowner authority. • The appellant
       reiterated their version of events in the motorist’s comments
       section. • They raised Brennan v Premier Parking (2023). • They
       feel the PCN doesn’t refer to period of parking. The appellant
       reiterated their version of events in the motorist’s comments
       section. and raised new grounds of appeal that they never raised
       in the grounds like signage, PCN amount, other vehicles in
       breach and the generic initial appeal response. The appellant
       included photographic evidence of their initial appeal response
       and two images of the PCN, in support of their appeal. The
       evidence has been included in my assessment.
       Assessor supporting rational for decision:
       In this case, it is not clear who the driver of the appellant’s
       vehicle is, so I must consider the Protection of Freedoms Act
       (PoFA) 2012, as the operator issued the Parking Charge Notice
       (PCN) to the keeper of the vehicle. The operator has provided me
       with a copy of the notice to keeper sent to the appellant. I
       have reviewed the notice to keeper against the relevant sections
       of PoFA 2012 and I am satisfied that it is compliant. I will
       therefore be assessing the appellant’s liability as the keeper
       of the vehicle. When assessing an appeal, POPLA considers if the
       parking operator issued the parking charge notice correctly and
       if the driver complied with the terms and conditions for the use
       of the car park on the day. POPLA is a single-stage appeal
       service that is impartial and independent of the sector. Our
       remit only extends to allowing or refusing an appeal. The
       signage on site forms the basis of the contract. The signage in
       this car park states that the area is a no parking area at any
       time. Firstly, I will discuss the photographic evidence the
       appellant has included PCN and the initial appeal response which
       is noted but does not add value to the appeal. The Protection of
       Freedoms Act (PoFA) 2012 is a law that allows parking operators
       to transfer the liability to the registered keeper in the event
       that the driver or hirer is not identified. Parking operators
       have to follow certain rules including issuing a PCN to be
       received within the required timescale. Section 7/8/9 states the
       PCN must be issued within 14 days. In this case I can see that
       PCN was issued within the relevant period. Therefore, the
       parking operator has successfully transferred the liability onto
       the registered keeper. Furthermore, the PCN doesn’t mention not
       paying for parking. The PCN reason is for parking in a no
       parking area. The warning the operator added in the motorist's
       comments about the 28 days is slightly different, but it is
       still acceptable as it has the same meaning and is acceptable
       and still meets POFA. The Private Parking Sector Single Code of
       Practice (The Code) sets the standards its parking operators
       need to comply with. Section 14.1 of the code state parking
       operators must have written authority from the landowner before
       the PCN can be issued. I can see the operator included a copy of
       the landowner contract. They raised entry and exit or snap shot
       times are not the same a ‘period of parking’ and raised Brennan
       v Premier Parking (2023). POPLA do not accept civil court
       decisions as they don’t set legal precedent and only accept
       Supreme Court Rulings. Additionally, ‘period of parking’
       wouldn't be considered in this case as the terms and conditions
       read that parking isn't permit on roads, footpaths or on yellow
       lines, however, the appellant's vehicle remained in a ‘no
       parking’ area for 8 minutes. It should be noted that the
       motorist comments section is a place to expand upon the original
       grounds given and not to be used as a platform to introduce new
       grounds that the operator has not had the opportunity to review.
       As such, the new grounds of appeal given within the motorist
       comments section have not been considered in this appeal
       response. Ultimately, the crux of this case is, regardless of
       who was driving the car on the date in question, they driver
       breached the terms and conditions, by parking in a no parking
       area for 8 minutes. The PCN met all aspects of POFA and the keep
       is responsible for the PCN as the driver hasn’t been named. Upon
       consideration of the evidence supplied, the driver was not
       permitted to park where they did and therefore did not comply
       with the terms and conditions. Accordingly, I have refused this
       appeal.
       #Post#: 115172--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: Samo05
       Date: April 3, 2026, 10:02 am
       ---------------------------------------------------------
       Hi all, i have now had the final demand charge. Its gone from
       £60 within 14 days at the start to £100 if not paid after that.
       I get i loose the right to pay the £60 for doing my appeal. But
       now they have raised it to £140. which is totally unacceptable.
       Any advice on this? I have 2 days before i need to pay it as ive
       been away.
       #Post#: 115175--------------------------------------------------
       Re: Split: PCN Appeal - Trade City Romford - CUP Enforcement
   DIR By: jfollows
       Date: April 3, 2026, 10:23 am
       ---------------------------------------------------------
       You can give in to their threats, or you can ignore them. In the
       latter case you will pay £0 regardless of whether they demand
       £60, £100 or £1,000. Are you fighting this or giving in?
       *****************************************************
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