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#Post#: 103642--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: jfollows
Date: December 23, 2025, 4:37 am
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--- Quote from: Brenda_R2 link ---
>
> 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 :)
>
--- End Quote ---
Also PoFA legislation might be interesting,
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4.
I get confused between the sections, but I think paragraph 6
directs, paragraph 7 covers the requirements for the Notice to
Driver followed by the Notice to Keeper in paragraph 8, and
paragraph 9 covers a Notice to Keeper issued without a prior
Notice to Driver.
#Post#: 103667--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: b789
Date: December 23, 2025, 10:09 am
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[member=7464]nman26[/member], that is excellent news. The morons
have issued an appeal rejection and a POPLA code without ever
serving a valid Notice to Keeper (NtK) under paragraph 8 of
PoFA. From now until POPLA submission, do this...
Today is 23 December 2025. Do NOT submit a POPLA appeal yet. Do
NOT contact Elite again. Do NOT email, phone, or use their
portal. Do NOT say anything about what happened and do NOT
identify the driver.
All you do for now is check daily for any email/letter headed
“Notice to Keeper” (NtK) or anything else from Elite. If
anything arrives, keep the envelope, note the date it arrived,
and keep copies of every page.
There are two deadlines you must keep in mind.
First, the PoFA deadline for a Notice to Keeper. Because there
was a windscreen Notice to Driver dated 22 November 2025, Elite
can only try to create keeper liability by serving a
PoFA-compliant NtK that is “given” by day 56. Day 56 is Saturday
17 January 2026. In practice “given” is presumed two working
days after posting, so anything posted on or after Thursday 15
January 2026 is going to be out of time.
Second, the POPLA deadline. The rejection is dated 23 December
2025. The POPLA code is treated as valid for 33 days from that
date. The last day to submit is Sunday 25 January 2026.
If a Notice to Keeper arrives before 17 January 2026, do not
respond to Elite. You will still go to POPLA, but the main
argument becomes that the NtK is not PoFA compliant and/or not
served in time (depending on what it says and the dates). The
driver remains unidentified.
If no Notice to Keeper arrives by the end of 17 January 2026,
Elite have missed their only statutory route to transfer
liability to you as keeper under PoFA, because the driver has
not been identified. Your core POPLA point will be: windscreen
NtD was issued, no PoFA-compliant NtK was served within the
required period, driver not identified, therefore no keeper
liability.
You should submit the suggested POPLA appeal below, on 18
January 2026. That is after the PoFA deadline has passed and
after the last possible posting date for an on-time NtK, while
still safely within the POPLA code validity period. Do NOT leave
it later than Sunday 25 January 2026, which is the final day.
Between now and 18 January, draft the POPLA appeal and prepare
your evidence without submitting anything: keep a copy of the
windscreen ticket (front and back), the rejection PDF/email
dated 23 December 2025, the operator photos, and your photos of
the signage and bay markings. On 18 January, if no NtK has been
served in time, update the POPLA text to state that fact and
submit.
Do not pay, do not engage with any “discount” deadlines, and do
not identify the driver at any stage.
Here is the suggested POPLA appeal wording:
--- Quote ---
> POPLA Verification Code: [insert]
> Operator: Elite Car Parking Management Ltd
> PCN Number: [insert]
> Vehicle Registration: [insert]
> Site: British Estate, London E3 4LU
> Date of alleged contravention/NtD placed on vehicle:
22/11/2025
> Date of operator rejection letter with POPLA code: 23/12/2025
> Appellant status: Registered Keeper
>
> Ground of appeal: No keeper liability. Operator has failed to
comply with the Protection of Freedoms Act 2012 Schedule 4.
Driver not identified. The charge must be cancelled.
>
> This was a windscreen Parking Charge Notice (a Notice to
Driver). Where a Notice to Driver (NtD) has been served, the
operator can only pursue the registered keeper if, and only if,
the operator fully complies with PoFA Schedule 4 paragraph 8 by
serving a fully compliant Notice to Keeper (nth) within the
strict statutory timeframe and with the prescribed mandatory
wording.
>
> The driver has not been identified and will not be identified.
There is no legal obligation on a Keeper to name the driver and
there is no lawful presumption and can be no inference that the
Keeper was the driver.
>
> The operator issued an appeal rejection by email dated
23/12/2025 and provided a POPLA code. That rejection is not an
NtK and it does not contain the mandatory PoFA paragraph 8
Keeper liability wording. Further, as at the time of this
appeal, the operator has not served any NtK that is compliant
with PoFA Schedule 4 paragraph 8.
>
> Because the operator has not complied with PoFA, the operator
cannot transfer liability for the parking charge from the
unknown driver to the Keeper. As a result, the Keeper cannot be
held liable for this charge. POPLA must allow this appeal and
require the operator to cancel the PCN.
>
> I require the operator to produce strict proof to POPLA that
an NtK was served in full compliance with PoFA Schedule 4
paragraph 8, including proof of the date of posting, the date it
was given, and the full mandatory PoFA wording. If the operator
cannot produce that strict proof, POPLA must allow the appeal.
--- End Quote ---
#Post#: 106527--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: January 19, 2026, 8:54 am
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Hi [member=26]b789[/member]
Haven’t received anything further from Elite Parking Management.
Am I ok to submit the popla appeal with the exact wording you
provided?
Anything to add or remove?
Appreciate all the help!!
#Post#: 106528--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: DWMB2
Date: January 19, 2026, 9:45 am
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That covers the main issue fairly succinctly!
#Post#: 106802--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: January 21, 2026, 6:07 am
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Hi, starting my POPLA appeal - what should I select as grounds
for appeal? The following options are available:
- I was not improperly parked
- The amount requested on the parking charge notice is not
correct.
- I was not the driver or the registered keeper of the vehicle
at the time of the alleged improper parking.
Or should I choose the "other option".
Thanks in advance for any steer!
#Post#: 106803--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: DWMB2
Date: January 21, 2026, 6:14 am
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Choose "other", the text of your appeal covers the grounds.
#Post#: 106806--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: January 21, 2026, 6:32 am
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Thanks! will it suffice if I simply upload a pic of the
windscreen ticket and the rejection letter from Elite?
#Post#: 106808--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: DWMB2
Date: January 21, 2026, 6:43 am
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I wouldn't upload either of those, as I'm not sure the contents
of either are relevant to your appeal. Your appeal is on the
grounds that, following a windscreen ticket, Elite have failed
to issue a Notice to Keeper. If Elite want to provide a copy of
that windscreen ticket they can do.
#Post#: 109528--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: nman26
Date: February 11, 2026, 4:22 pm
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Update - Elite have uploaded their "evidence". The Operator Case
Summary given is: "The motorist has said The driver has not been
identified and will not be identified. There is no legal
obligation on a Keeper to name the driver and there is no lawful
presumption and can be no inference that the Keeper was the
driver. However, it is down to the keeper of the vehicle to
inform us of the driver of the vehicle so we can process a
transfer of liability. If they do not follow this procedure the
keeper of the vehicle i then liable."
What do I need to do now?
Thanks in advance
#Post#: 109566--------------------------------------------------
Re: Elite Parking Management - Parked in Contractor/Visitor Bay
without valid permit - British Estate
DIR By: DWMB2
Date: February 12, 2026, 5:34 am
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Please show us a redacted version of their evidence pack.
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