First Parking Lpp

teeanem

Our daughter attends the University of Nottingham, and has paid for a yearly parking permit, so she can park on site. This permit allows her to park in 'orange zones', which are for students. These zones are highlighted on a map, accessible through the U of N website. Anyway, I parked the vehicle not knowing the location of individual zones, and thought it would be ok as the sign said for permit holders only, not specifying any colour. The car was issued with a penalty charge notice, the reason for issue was 'restricted area'. The signage throughout the university grounds do not mention anything about zones. They just state 'permit holders only (restricted area). We sent an appeal through to First Parking Lpp, as our daughter was not the driver at the time. The appeal has been rejected as follows.

Your appeal has been referred to the Head of Security at the University of Nottingham who has advised that your appeal has been rejected. As an orange zone permit holder you were issued with guidance that clearly states you must only park in identified orange zone areas and the onus is upon you to ensure that you do not breach that guidance. The signage in the area where you parked is in addition to numerous other repeater signs across the Campus and they support the Campus vehicular entrance signs. The signs state ‘Authorised permit holders’ and Restricted Authorised Parking Only’. As a student with a discretionary orange zone permit you are not authorised to park in the area you parked and you are bound by regulations and guidance. In Section 6 (a) of our traffic regulations it states ‘permits will allow a vehicle to park in the zone indicated by the permit’, in this case orange zone. The regulations Section 7 (ii) also state that it is a contravention of the regulations ‘to park a vehicle otherwise than in accordance with the terms of a current parking permit’. All students sign up on registration as a student to adhere to the regulations. The permit guidance, hard copy, issued with the permit states ‘Students who are holders of orange zone permits are only allowed to park in the designated orange zone areas. For further information on car parking and orange zone map please follow the link' which is provided. The link shows both the traffic regulations and the permit guidance and also connects to other relevant information from where the orange zone maps are located under the Students link. As you have failed to name the driver, we have no option but to invoke keeper liability.

As your vehicle was parked in contravention of the Terms and Conditions of the car park, we are satisfied that the notice was issued correctly in accordance with the BPA Code of Practice and are therefore unable to waiver the charge on this occasion.
You have now reached the end of our internal appeals process

Therefore please choose from one of the following options:

1.Pay the parking charge
2. Make an appeal to POPLA within 28 days from the rejection date (Please allow 24 hours from receiving this email for your POPLA code to be activated) – The Independent Appeals Service at Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £45 (if applicable), and should POPLA's decision not go in your favour you will be required to pay the full amount of £75. By law we are also required to inform you that Ombudsman Services 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 appeal then you must do so to POPLA, as explained above
3. If you choose to do nothing, we will seek to recover the monies owed to us through our debt recovery service and may proceed with Court action against you. First Parking may also conduct a search with a credit bureau.


I am now considering identifying the driver and appealing again. But I am wary of the advice on this forum stating not to do that. Can the company invoke keeper liability? I am also considering paying the fine, as we are concerned that our daughter may not be issued a permit next year, if the fine goes unpaid.

please can anyone advise the best thing to do.

Coupon-mad

We sent an appeal through to First Parking Lpp, as our daughter was not the driver at the time.

OK so who is the registered keeper they wrote to (postal PCN a few weeks later), or did they put a PCN on the windscreen? Which?

Who appealed, the registered keeper, without saying who was driving?

Did they wait for a Postal Notice to Keeper, or appealed a windscreen PCN and never had a NTK posted?

I am now considering identifying the driver and appealing again. But I am wary of the advice on this forum stating not to do that.

NO - DO NOT DO THAT. YOU CAN'T APPEAL AGAIN TO FIRST ANYWAY.

Can the company invoke keeper liability?

Not without:

- issuing a fully compliant NTK (did they)?
- giving adequate notice of the parking charge in clear notices (you say 'not so')
- there being a relevant contract/relevant obligation (to display a certain colour permit - again you say not)

I am also considering paying the fine,

It's not a fine.

Not you are not going to pay it!

They cannot withhold a permit as a punishment - that's not legal. A parking charge under dispute/appeal is not proven debt until a court says it is. And you are at POPLA stage.

Can you answer my Qs above, as it will help us help you?

teeanem

Thank you for your reply. 1- They placed a PCN on the windscreen. My daughter is the registered keeper. We appealed through the First Parking LPP web site. & received an email confirmation they had received the appeal, which asked for the driver details. (we did not reply)
2- we have also received a notice to registered keeper through the post.
I do understand it is not a fine, just using it as a term of phrase.
3- i also considered going to the university and explaining there!

Coupon-mad

we have also received a notice to registered keeper through the post.

Who has, your daughter? Can you show it to us please? All wording, all dates, but no ID data, so no name/address or VRN or PCN number showing.*

Was the appeal done in HER name? This is important. What did the appeal say?


*as a new poster you can't post links/images - but you CAN if you change http to hxxp!

teeanem

Hi, here is a copy of the email we received rejecting the appeal.
I am struggling to get a copy of the NTK onto the thread.

teeanem

We acknowledge receipt of your appeal, regarding the above parking charge. Parking at this site is only for vehicles that are parked in accordance with the terms and conditions, as detailed on the signage on site. This signage is clear, in line with industry standards and clearly details any charges that may be imposed, should these terms and conditions be breached.
I have now had the opportunity to review this case and my findings are:

Your appeal has been referred to the Head of Security at the University of Nottingham who has advised that your appeal has been rejected. As an orange zone permit holder you were issued with guidance that clearly states you must only park in identified orange zone areas and the onus is upon you to ensure that you do not breach that guidance. The signage in the area where you parked is in addition to numerous other repeater signs across the Campus and they support the Campus vehicular entrance signs. The signs state ‘Authorised permit holders’ and Restricted Authorised Parking Only’. As a student with a discretionary orange zone permit you are not authorised to park in the area you parked and you are bound by regulations and guidance. In Section 6 (a) of our traffic regulations it states ‘permits will allow a vehicle to park in the zone indicated by the permit’, in this case orange zone. The regulations Section 7 (ii) also state that it is a contravention of the regulations ‘to park a vehicle otherwise than in accordance with the terms of a current parking permit’. All students sign up on registration as a student to adhere to the regulations. The permit guidance, hard copy, issued with the permit states ‘Students who are holders of orange zone permits are only allowed to park in the designated orange zone areas. For further information on car parking and orange zone map please follow the link' which is provided. The link shows both the traffic regulations and the permit guidance and also connects to other relevant information from where the orange zone maps are located under the Students link. As you have failed to name the driver, we have no option but to invoke keeper liability.
As your vehicle was parked in contravention of the Terms and Conditions of the car park, we are satisfied that the notice was issued correctly in accordance with the BPA Code of Practice and are therefore unable to waiver the charge on this occasion.
You have now reached the end of our internal appeals process
Therefore please choose from one of the following options:
1.Pay the parking charge at the price of £45 by 10/04/2019

Methods of payment:
* Pay by Phone – Call 0200 333 1995
* Pay online – visit paymyparking (web site link removed)
* Pay by Post – send a cheque or postal order made payable to First Parking LLP to the following address:

FIRST PARKING LLP, 27 OLD GLOUCESTER STREET, LONDON, WC1N 3AX, UNITED KINGDOM
2. Make an appeal to POPLA within 28 days from the rejection date (Please allow 24 hours from receiving this email for your POPLA code to be activated) – The Independent Appeals Service at (..web address removed….)Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £45 (if applicable), and should POPLA's decision not go in your favour you will be required to pay the full amount of £75. By law we are also required to inform you that Ombudsman Services (ombudsman services web link removed) 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 appeal then you must do so to POPLA, as explained above
3. If you choose to do nothing, we will seek to recover the monies owed to us through our debt recovery service and may proceed with Court action against you. First Parking may also conduct a search with a credit bureau.
Yours Sincerely
Appeals Team
First Parking

Coupon-mad

We don't care about the rejection rubbish!

I am struggling to get a copy of the NTK onto the thread.

Why?

Dropbox shared link - I told you how to break the URL as you can't post a WORKING link.

teeanem

sorry, I don't use dropbox, and dont understand how to break the url comment.

Coupon-mad

So use tiny url or another free image hosting site.

Dropbox is easy and free.

You do understand when I say change http to hxxp...!

teeanem

no sorry. can I email the images to you?

KeithP

Just host the image somewhere and post the link.

No need to post a dead link - you've been here long enough and have enough posts under your belt to do that.

Hundreds manage to do this every day.