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#Post#: 99392--------------------------------------------------
Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: November 23, 2025, 7:57 am
---------------------------------------------------------
Hi, first-time poster on this forum.
The driver received a PCN for parking in a visitor bay while
visiting a friend who recently moved into the estate. A PCN was
left on the windscreen. The friend had advised that the visitor
bays were available for visitors, but it turns out this was a
misunderstanding—an honest mistake.
I am the registered keeper - any way this can be appealed?
PCN Details:
"The Site Enforcer had reasonable belief that the above vehicle
had committed the following contravention:
Contravention: Parked In A Contractor/ Visitor Bay without a
valid permit
Site / Location: British Estate
Postal Town / City: London (E3 4LU)
Date and time of recorded contravention: 22nd November, 2025 at
22:17:11"
The PCN:
HTML https://ibb.co/8D4jPXmT
HTML https://ibb.co/8D4jPXmT
Signage:
HTML https://ibb.co/7J6nWHwR
HTML https://ibb.co/7J6nWHwR
Some of the images taken by enforcement:
HTML https://ibb.co/sdtdPy1y
HTML https://ibb.co/sdtdPy1y
HTML https://ibb.co/Z6pmhWPB
HTML https://ibb.co/Z6pmhWPB
I've scribbled out the PCN number and VRM - but happy to provide
these if needed? Apologies if I've missed anything - but will
really appreciate any advice if this can be appealed.
I don't know if this could be a factor - but the "visitor"
marking on the bays are barely visible.
Thanks in advance!
#Post#: 99413--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: b789
Date: November 23, 2025, 10:25 am
---------------------------------------------------------
Are there any timestamped photos of the vehicle showing a time
of 22:02? The two you've shown us were taken at 22:17 a few
seconds apart. What evidence do they have that the vehicle was
observed at 22:02 as noted on the Notice to Driver (NtD)?
Also, the NtD does not comply with PoFA 7(2)(e) as the Creditor
is not identified.
This is how you must handle this. There is no legal obligation
on the Keeper to reveal the identity of the unknown driver and
no inference or assumptions can be made.
The NtD is not compliant with all the requirements of PoFA which
means that if the driver is not identified, they cannot transfer
liability for the charge from the unknown driver to the Keeper.
Use the following as your appeal. No need to embellish or remove
anything from it. On Friday 19th December you send the following
appeal, ONLY as the Keeper:
--- Quote ---
> I am theKeeper 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 Driver (NtD) 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. Elite 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 NtD can only hold the driver liable.
Elite have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
>
> Now that you have the Keeper’s details from this appeal, any
attempt to obtain the same data from the DVLA would be
unnecessary and would constitute misuse of personal data, in
breach of the lawfulness and data-minimisation principles in
Article 5(1)(a) and (c) UK GDPR and without any lawful basis
under Article 6(1)(f). It would also breach your obligations
under PoFA 2012 and the DVLA KADOE contract. You are therefore
put on formal notice not to make any DVLA request in relation to
this PCN.
--- End Quote ---
Do not send the appeal before or after Friday 19th December.
There is a strategic reason for this. If they respond to the
appeal without issuing a Notice to Keeper (NtK), that is another
arrow in your quiver.
Either use their online portal but DO NOT make any selection
that identifies the driver. You are appealing ONLY as the
Keeper. You can try emailing the appeal to
Customer.services@eliteparkingmanagement.com.
Come back when you receive a response.
#Post#: 99414--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: November 23, 2025, 10:34 am
---------------------------------------------------------
Thanks for the really detailed instructions.
They've taken images with the following timestamps only:
- 22:17:30
- 22:17:35
- 22:18:02
- 22:18:15
- 22:18:26
- 22:18:42 (of just the yellow packet on the screen)
- 22:18:58 (pic of the sign)
I will put it in my calendar to appeal on Friday 19th December
with the wording provided.
Many thanks
#Post#: 99416--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: b789
Date: November 23, 2025, 10:39 am
---------------------------------------------------------
So they only have evidence of the vehicle being parked for less
than 2 minutes. They are also in breach of the PPSCoP section
5.1 and Annex B:
--- Quote ---
> The purpose of this Annex is to set the mandatory minima for
the consideration and grace periods that parking operators are
required to apply in accordance with 5.1 and 5.2.
>
> Factors to be taken into account are detailed in the relevant
clauses. It is important to note that where there is evidence
the consideration period has expired the minimum period of time
for the consideration is not relevant however, the operator
should retain evidence to show how the consideration period had
ended.
>
> The significance of whether the consideration has expired is
fundamental as it is the point the driver has accepted the terms
and conditions attached to the controlled land in question. A
consideration period is not a free period of parking.
--- End Quote ---
The operator has not provided any evidence of a consideration
period except their operator "saying" that it was observed at
22:02. If that were the case, then they should have taken a time
stamped phot. They didn't.
#Post#: 99419--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: November 23, 2025, 11:05 am
---------------------------------------------------------
Should this be added to the appeal you provided? Any specific
wording I should add?
Thanks
#Post#: 99462--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: b789
Date: November 23, 2025, 10:54 pm
---------------------------------------------------------
No. You can use that for your POPLA appeal. It is as rare as
hens teeth that any initial appeal to an operator is ever
successful.
Just send what you have been advised on Friday 19th December.
#Post#: 103218--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: December 19, 2025, 8:51 am
---------------------------------------------------------
As instructed, I filed the appeal today (19 Dec).
Fingers crossed!
#Post#: 103219--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: Brenda_R2
Date: December 19, 2025, 9:05 am
---------------------------------------------------------
As a relative newbie here who is keen to learn from this forum
so that I may, in future, give something back, can one of the
resident gurus here explain the difference between a "Notice To
Driver" and a "Notice To Keeper"?
And why should there be a delay in responding to the former when
no such caveat would appear necessary with the latter?
Thanks :)
#Post#: 103220--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: DWMB2
Date: December 19, 2025, 9:09 am
---------------------------------------------------------
The main difference is the recipient. A Notice to Driver is, as
the name suggests, aimed at the driver, and usually given to
them by leaving it on the windscreen of the vehicle in a
fetching yellow envelope. A Notice to Keeper is, again as the
name suggests, sent to the registered keeper of a vehicle,
usually by post to the address held by the DVLA.
The reason for timing the appeal against a Notice to Driver is
in the hope that they process the appeal and don't bother
issuing a Notice to Keeper, in which case there can then be no
keeper liability. It sometimes works, and if it doesn't, there's
nothing lost by trying.
#Post#: 103641--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: December 23, 2025, 4:20 am
---------------------------------------------------------
I have received an email from Elite, with a pdf letter attached:
--- Quote ---
> Thank you for your appeal received on 19/12/2025 regarding the
above detailed Parking Charge Notice. We have reviewed the case
and considered the comments that you have made. This appeal has
been considered in conjunction with the evidence gathered by the
parking attendant. Our records show that the notice was
correctly issued as your vehicle was parked in breach of the
Terms and Conditions of Parking.
>
> We can confirm that this PCN has been issued in line with
industry standards and is compliant with the British Parking
Associations (BPA) Code of Practice.
>
> Please be advised that the area in which this vehicle was
parked is private land for permit holders only. The vehicle
details were checked, and this vehicle does not have a valid
permit for this location.
>
> We are therefore unable to cancel the Parking Charge Notice as
it was issued correctly. We have now extended the discounted
payment period by 14 days to allow you time to pay the
discounted settlement amount. Please now make payment of £60 to
reach us by 06/01/2026 or £100 to reach us by 20/01/2026. We
must advise you that once the discounted settlement rate passes
it will not be offered again.
> Payments can be made by cheque or postal order made payable to
Elite Car Parking Management Ltd. Please ensure you write your
Parking Charge Notice number clearly on the reverse. Please do
not send cash through the post. Payment can be made using a
debit or credit card by calling the automated payment line on
03330230008 or by visiting eliteparkingmanagement.ec6pay.com.
For our full Complaints Procedure please visit
www.eliteparkingmanagement.com.
>
> Further appeals:
> You have now reached the final stage of our internal appeals
process. If you wish to appeal your case further you can now
only do so to Parking On Private Land Appeals (POPLA) as
provided by Ombudsman Services on instruction of the British
Parking Association. All information on how to appeal to POPLA
is provided on their website; www.popla.org.uk, you’ll need the
following 10-digit verification code to submit your appeal;
[redacted].
>
> If you’re appealing to POPLA you must do so within 28 days
from the date of this letter. If POPLA reject your appeal you’ll
be liable for the full amount of this PCN. The discounted amount
will not be reinstated in any circumstances. POPLA will also not
asses a case that has been paid prior to the appeal being
received by them. In line with our Approved Trade Association
(ATA) accreditation we’re required to provide you with an
Independent Appeals Service for which we’ve chosen POPLA. We’re
also required to inform you that Ombudsman Services
(www.ombudsman-services.org) provides an alternative dispute
resolution (ADR) service. However, Elite Parking Management have
chosen not to participate in this alternative ADR service, and
should you wish to appeal further
> you must do so to POPLA as detailed above.
>
> Yours sincerely,
> Appeals Department
> Elite Car Parking Management
--- End Quote ---
Please advise what my options are now. Thanks in advance!
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