Another PCN.. Am I doing the right thing?

Pugwash84

Hi folks,

I'm floundering a bit!

I've used the advice on here before to successfully contest a PCN (a big thank to all contributors for the reams of advice here) but I'm not 100% sure I'm about to do the right thing this time. Here are the basics:

Type: PCN attached to the windscreen of a fleet car
Location: STEM Learning Car Park, University of York
Day tariff: £6.40
Charge: £30/£80
Member status: BPA / IAS

The PCN was issued less than 21 days ago, so as the lessee of the car I intend to appeal via the online portal (University of York website) as suggested in the newbie thread. Signage is really poor and the charge does not reflect true damages. This will be the first contact from either side since the PCN was issued, so I'm a bit confused about what goes into the initial appeal. The suggested appeal below doesn't quite seem to fit with my situation since nothing (bar the PCN) has been sent to the RK or myself by the University of York:


Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by The University of York (“The University”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why The University's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that The University has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,



So I'm wondering, what is the ideal way to appeal this in the first instance? I don't want to state something that isn't true and invite a heap of legalise...

Thank you all in advance

nosferatu1001

Are they actually BPA, or rathger more likely, merely corporate BPA and thereofre they will not give access to POPLA, but the vastly inferior (to an already !!!!!! service) to POPLA?

Pugwash84

They appear on the BPA website, so yes I think they're members..

Fruitcake

That's the correct template as far as I can tell for a hire/lease vehicle. If you got it from the NEWBIES then it is correct and up to date to use.
At this stage it doesn't matter which ATA the university belongs to.

I'm not sure if they issue their own PCN/NTKs as landowners.

nosferatu1001

Well it does, as asking for something BPA related from an IPC AOS member is not realy that useful.

Pugwash - yo missed what I said
You have cororate and AOS memberships
You can only have ONE AOS membership but be a corporate member of both
Look for the logo - the round symbol tells you which one they are a member of for appeal purposes.

Fruitcake

nosferatu1001 wrote: »

Well it does, as asking for something BPA related from an IPC AOS member is not realy that useful.

Pugwash - yo missed what I said
You have cororate and AOS memberships
You can only have ONE AOS membership but be a corporate member of both
Look for the logo - the round symbol tells you which one they are a member of for appeal purposes.

I meant that it doesn't matter which ATA the PPC is in as far as sending the initial appeal, if indeed the university is in one at all and have instead requested keeper details as landowners.

It looks like the university might be issuing their own PCNs, but "may" also use a contractor.
They do appear to be using the IAS for appeals.

Appeals against PCN should be made to the University at http://www.york.ac.uk/admin/estates/transport/parking.cpn.htmland the University may make use of an external contractor to process the parking charge notice. If you are not satisfied with the outcome, you can make a further appeal to the Independent Appeals Service (IAS)

The Independent Appeals Service provides an Alternative Dispute Resolution (ADR) scheme for disputes. The University may engage with the IAS ADR service at our discretion should further dispute arise over this charge in the future

Pugwash84

Thanks all, so assuming the University are using IAS for appeals, would that change anything?

The bit of the appeal that doesn't make sense to me is in the second paragraph:


"You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why The University's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular. "


To my mind they have only issued a windscreen PCN (i.e. not a notice to keeper) so does the statement above apply? Just to clarify, it's not from a template in Newbies, it's linked to as an example of a successful first appeal for hire cars...

Still confused as to which card to play first... Sorry!

Coupon-mad

I wouldn't use that template as you've only had a windscreen PCN.

I would use the usual blue writing template as it is more vague and it is true to call yourself the 'keeper', as the usual template does.

Pugwash84

Thanks Coupon-mad, so I'll go ahead with the standard blue template and await a response.

Assuming it gets rejected it'll go to IAS which looks like bad news to me..

Am I right in thinking at that point I wait for the NTK to arrive and hope they have missed something that means I can appeal quoting PoFA paragraphs 13/14?

Coupon-mad

Why can I not find the University of York, on either the BPA or IPC AOS list?

Pugwash84

Coupon-mad wrote: »

Why can I not find the University of York, on either the BPA or IPC AOS list?

Hmm.. They're listed on the BPA website under the BPA-members page (can't share links, sorry!), am I not looking in the right place?