CUP Enforcement - PCN - Appeal Rejected

knopfler2009

Hi, 

I received a PCN from C.U.P Enforcement on the 2nd of January relating to a contravention on the 2nd of December and used the ‘blue template’ in the newbies thread to appeal the charge using the C.U.P website on the 3rd of January.

Today, I got a rejection of that appeal (The text from the letter is below). What is my next move in relation to this? They suggest any further appeals should be via POPLA, is this what I should do now?

Dear xxx

Re: Parking Charge Notice Number xx (Vehicle: xx)

POPLA Verification Code: xxx

Site: R/ 105 - 115 The Parade Watford (Gaumont Approach)

Issue date: 12/12/2024

Contravention: Parked on or within a no parking area

 

Thank you for your appeal received on 03/01/2025 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments you have made. This appeal has been considered in conjunction with the evidence gathered by the parking attendant. Our records show the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking.

Whilst we appreciate your concerns and comments raised, the vehicle was parked within a no-parking area, was not exempt from parking terms at the above location and no supporting evidence was submitted in the first instance to show that the vehicle was registered for parking, or authority was given from the operator to use the parking space.

 A stationary vehicle is classed as parked whether or not the driver or any passengers are waiting within the vehicle or in the surrounding area, and whether or not the engine is running. Parking standards are a matter of safety, security and etiquette. Responsibility rests with the driver to ensure the area selected for stay, no matter the occasion or duration, is suitable and parking complies with current terms and conditions. The time and date stamped photographic evidence submitted by the operative and attached for your perusal, captured the vehicle parked on a double yellow lined area. Our site maps confirm that the double yellow line where the vehicle was parked was within view/right in front of signboards at the location and that the signage was clear, legible, unobstructed, in full operation and in proximity to the vehicle. Please note wardens are not obligated to place notices on vehicles parked within sites where signage is already on display, or communicate directly with motorists and have the right to complete their duties without harassment. Motorists are at liberty to park elsewhere. Those who choose to park on private land without permission are trespassing therefore, any vehicle found parked within the area without confirmed, or evidence of authorisation from the parking operator will incur a charge.

 CUP Enforcement is authorised to issue clearance, parking permits and charges in cases of contravention. The driver entered a contract with CUP due to the following: Firstly, there was an offer, which was reasonably brought to attention via signage at the site which sets out the terms and conditions. Secondly, the driver was afforded a reasonable opportunity to read and understand the offer and consequently, is now required to comply with the contract. Ultimately, it is the responsibility and duty of the motorist to ensure upon arrival, that they seek out, read and comply with terms and conditions accepted upon parking if they wish to use land that does not belong to them. By parking the vehicle within the area, they accept the potential consequence of incurring a PCN. CUP terms and conditions were undoubtedly displayed and contact information is available on all CUP signage, however, none was made. Unfortunately, sufficient evidence was not provided in order to warrant the cancellation of the PCN. The registered keeper is now liable for the parking charge notice. The terms and conditions are displayed on CUP signage throughout the development to notify drivers of the contractual agreement when entering the above location. We can confirm the officer followed the correct procedure and the PCN was issued correctly.

 Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal. When parking on private land, the motorist agrees to abide by any clearly displayed conditions of parking in return for permission to park. This location is private property and is managed by CUP Enforcement on behalf of the landowner. CUP Enforcement fully complies with the guidelines set by the British Parking Association. Please note photographic evidence is taken with every PCN that is issued.

Payments made at this time will be for the amount of £100.00 within 14 days of the date of this notice, as the appeal was submitted after the time frame for settlement at the reduced charge had elapsed. Failure to pay the amount may result in further costs being incurred and may also result in CUP Enforcement, reluctantly instructing a Debt Collection Agency to collect any sum due.

You have now reached the end of our internal appeals procedure and therefore you now have two options: You can pay the total amount due or you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) within 28 days using the POPLA Reference code provided. Should you wish to make a second appeal, this can be done through POPLA - the independent appeals service - at www.popla.co.uk

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) 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 further appeal then you must do so to POPLA, as outlined here. Your POPLA verification code is xxx

Please note that if you wish to appeal to POPLA, and should POPLA's decision not go in your favour, you will then be required to pay the full amount of £100.00 and all further charges.

 

Yours sincerely,

Appeals Department

CUP Enforcement

Coupon-mad

Read a few POPLA CUP threads by searching the forum and changing the filter to NEWEST.

kryten3000

I have just attended court with another victim of this "trap" location who stopped for 30s with only the left wheels over the DYL. Sadly they outed themselves as the driver and didn't do POPLA so were dragged to a hearing by CUPS and DCB Legal.

Case Dismissed. The judge's open remark directed at the Claimant's rep was "what an extraordinary case to bring" 

Coupon-mad

knopfler2009 said:

Hi, 

I received a PCN from C.U.P Enforcement on the 2nd of January relating to a contravention on the 2nd of December and used the ‘blue template’ in the newbies thread to appeal the charge using the C.U.P website on the 3rd of January.

Today, I got a rejection of that appeal (The text from the letter is below). What is my next move in relation to this? They suggest any further appeals should be via POPLA, is this what I should do now?

Dear xxx

Re: Parking Charge Notice Number xx (Vehicle: xx)

POPLA Verification Code: xxx

Site: R/ 105 - 115 The Parade Watford (Gaumont Approach)

Issue date: 12/12/2024

Contravention: Parked on or within a no parking area

 

Thank you for your appeal received on 03/01/2025 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments you have made. This appeal has been considered in conjunction with the evidence gathered by the parking attendant. Our records show the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking.

Whilst we appreciate your concerns and comments raised, the vehicle was parked within a no-parking area, was not exempt from parking terms at the above location and no supporting evidence was submitted in the first instance to show that the vehicle was registered for parking, or authority was given from the operator to use the parking space.

 A stationary vehicle is classed as parked whether or not the driver or any passengers are waiting within the vehicle or in the surrounding area, and whether or not the engine is running. Parking standards are a matter of safety, security and etiquette. Responsibility rests with the driver to ensure the area selected for stay, no matter the occasion or duration, is suitable and parking complies with current terms and conditions. The time and date stamped photographic evidence submitted by the operative and attached for your perusal, captured the vehicle parked on a double yellow lined area. Our site maps confirm that the double yellow line where the vehicle was parked was within view/right in front of signboards at the location and that the signage was clear, legible, unobstructed, in full operation and in proximity to the vehicle. Please note wardens are not obligated to place notices on vehicles parked within sites where signage is already on display, or communicate directly with motorists and have the right to complete their duties without harassment. Motorists are at liberty to park elsewhere. Those who choose to park on private land without permission are trespassing therefore, any vehicle found parked within the area without confirmed, or evidence of authorisation from the parking operator will incur a charge.

 CUP Enforcement is authorised to issue clearance, parking permits and charges in cases of contravention. The driver entered a contract with CUP due to the following: Firstly, there was an offer, which was reasonably brought to attention via signage at the site which sets out the terms and conditions. Secondly, the driver was afforded a reasonable opportunity to read and understand the offer and consequently, is now required to comply with the contract. Ultimately, it is the responsibility and duty of the motorist to ensure upon arrival, that they seek out, read and comply with terms and conditions accepted upon parking if they wish to use land that does not belong to them. By parking the vehicle within the area, they accept the potential consequence of incurring a PCN. CUP terms and conditions were undoubtedly displayed and contact information is available on all CUP signage, however, none was made. Unfortunately, sufficient evidence was not provided in order to warrant the cancellation of the PCN. The registered keeper is now liable for the parking charge notice. The terms and conditions are displayed on CUP signage throughout the development to notify drivers of the contractual agreement when entering the above location. We can confirm the officer followed the correct procedure and the PCN was issued correctly.

 Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal. When parking on private land, the motorist agrees to abide by any clearly displayed conditions of parking in return for permission to park. This location is private property and is managed by CUP Enforcement on behalf of the landowner. CUP Enforcement fully complies with the guidelines set by the British Parking Association. Please note photographic evidence is taken with every PCN that is issued.

Payments made at this time will be for the amount of £100.00 within 14 days of the date of this notice, as the appeal was submitted after the time frame for settlement at the reduced charge had elapsed. Failure to pay the amount may result in further costs being incurred and may also result in CUP Enforcement, reluctantly instructing a Debt Collection Agency to collect any sum due.

You have now reached the end of our internal appeals procedure and therefore you now have two options: You can pay the total amount due or you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) within 28 days using the POPLA Reference code provided. Should you wish to make a second appeal, this can be done through POPLA - the independent appeals service - at www.popla.co.uk

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) 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 further appeal then you must do so to POPLA, as outlined here. Your POPLA verification code is xxx

Please note that if you wish to appeal to POPLA, and should POPLA's decision not go in your favour, you will then be required to pay the full amount of £100.00 and all further charges.

 

Yours sincerely,

Appeals Department

CUP Enforcement

Did you appeal to POPLA?

knopfler2009

Coupon-mad said:

knopfler2009 said:

Hi, 

I received a PCN from C.U.P Enforcement on the 2nd of January relating to a contravention on the 2nd of December and used the ‘blue template’ in the newbies thread to appeal the charge using the C.U.P website on the 3rd of January.

Today, I got a rejection of that appeal (The text from the letter is below). What is my next move in relation to this? They suggest any further appeals should be via POPLA, is this what I should do now?

Dear xxx

Re: Parking Charge Notice Number xx (Vehicle: xx)

POPLA Verification Code: xxx

Site: R/ 105 - 115 The Parade Watford (Gaumont Approach)

Issue date: 12/12/2024

Contravention: Parked on or within a no parking area

 

Thank you for your appeal received on 03/01/2025 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments you have made. This appeal has been considered in conjunction with the evidence gathered by the parking attendant. Our records show the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking.

Whilst we appreciate your concerns and comments raised, the vehicle was parked within a no-parking area, was not exempt from parking terms at the above location and no supporting evidence was submitted in the first instance to show that the vehicle was registered for parking, or authority was given from the operator to use the parking space.

 A stationary vehicle is classed as parked whether or not the driver or any passengers are waiting within the vehicle or in the surrounding area, and whether or not the engine is running. Parking standards are a matter of safety, security and etiquette. Responsibility rests with the driver to ensure the area selected for stay, no matter the occasion or duration, is suitable and parking complies with current terms and conditions. The time and date stamped photographic evidence submitted by the operative and attached for your perusal, captured the vehicle parked on a double yellow lined area. Our site maps confirm that the double yellow line where the vehicle was parked was within view/right in front of signboards at the location and that the signage was clear, legible, unobstructed, in full operation and in proximity to the vehicle. Please note wardens are not obligated to place notices on vehicles parked within sites where signage is already on display, or communicate directly with motorists and have the right to complete their duties without harassment. Motorists are at liberty to park elsewhere. Those who choose to park on private land without permission are trespassing therefore, any vehicle found parked within the area without confirmed, or evidence of authorisation from the parking operator will incur a charge.

 CUP Enforcement is authorised to issue clearance, parking permits and charges in cases of contravention. The driver entered a contract with CUP due to the following: Firstly, there was an offer, which was reasonably brought to attention via signage at the site which sets out the terms and conditions. Secondly, the driver was afforded a reasonable opportunity to read and understand the offer and consequently, is now required to comply with the contract. Ultimately, it is the responsibility and duty of the motorist to ensure upon arrival, that they seek out, read and comply with terms and conditions accepted upon parking if they wish to use land that does not belong to them. By parking the vehicle within the area, they accept the potential consequence of incurring a PCN. CUP terms and conditions were undoubtedly displayed and contact information is available on all CUP signage, however, none was made. Unfortunately, sufficient evidence was not provided in order to warrant the cancellation of the PCN. The registered keeper is now liable for the parking charge notice. The terms and conditions are displayed on CUP signage throughout the development to notify drivers of the contractual agreement when entering the above location. We can confirm the officer followed the correct procedure and the PCN was issued correctly.

 Having considered all grounds for the appeal you will understand that sadly we are unable to accept your appeal. When parking on private land, the motorist agrees to abide by any clearly displayed conditions of parking in return for permission to park. This location is private property and is managed by CUP Enforcement on behalf of the landowner. CUP Enforcement fully complies with the guidelines set by the British Parking Association. Please note photographic evidence is taken with every PCN that is issued.

Payments made at this time will be for the amount of £100.00 within 14 days of the date of this notice, as the appeal was submitted after the time frame for settlement at the reduced charge had elapsed. Failure to pay the amount may result in further costs being incurred and may also result in CUP Enforcement, reluctantly instructing a Debt Collection Agency to collect any sum due.

You have now reached the end of our internal appeals procedure and therefore you now have two options: You can pay the total amount due or you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) within 28 days using the POPLA Reference code provided. Should you wish to make a second appeal, this can be done through POPLA - the independent appeals service - at www.popla.co.uk

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) 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 further appeal then you must do so to POPLA, as outlined here. Your POPLA verification code is xxx

Please note that if you wish to appeal to POPLA, and should POPLA's decision not go in your favour, you will then be required to pay the full amount of £100.00 and all further charges.

 

Yours sincerely,

Appeals Department

CUP Enforcement

Did you appeal to POPLA?

I did, on the 15th of February and finally got a positive response yesterday!

Successful appeal was due to the PCN being issued outside the timeframe (which I hadn't even included in the appeal).

Thanks for your earlier advice on the first appeal and POPLA appeal.

POPLA decision below. 

POPLA assessment and decision

28/04/2025

Decision

Successful

Assessor Name

Rebecca Appleton

Assessor summary of operator case

The parking operator has issued the parking charge notice (PCN) due to parking on or within a no parking area.

Assessor summary of your case

The appellant has raised the following points from their grounds of appeal. • The parking charge notice has been issued incorrectly. • The evidence provided shows the area in question is a small, concrete lay-by approximately 14 meters in length. • The PCN refers to the area as a car park and states it comes with contractual terms and conditions on offer to any driver who enters the area. • Within the same PCN it is also declared as a no paring area. • This means there are no parking facilities available. • If no parking is available there is no parking contract on offer. • This is supported in a recent decision made by POPLA. • The PCN is not POFA compliant. • Personal data has been accessed unnecessarily. • There is no evidence showing when the vehicle entered the location and when it left. • The driver has indicated they have temporarily brought the vehicle to a halt. • No amenity has been gained from the driver pulling over at the kerbside. • The operator has failed to take into account any ‘consideration period’. • This is a CCTV issued NTK, there is no signage to warn the driver that their vehicle was being filmed, and for what purpose • Under UK GDPR 2018 regulations, this is illegal and a breach of the Surveillance Camera Code of Practice, that the BPA requires camera-based operators to comply with at all times. • No evidence of landowner authority. • The charge fails to comply with the requirements set out in Parking Eye vs Beavis. After reviewing the operator’s evidence, the appellant reiterates their grounds of appeal. The appellant has provided 1. Photo of the sign. 2. Photos of the vehicle parked on site. The above evidence has been considered in making my determination.

Assessor supporting rational for decision

I am allowing this appeal, with my reasoning outlined below: It is a parking operator’s responsibility to demonstrate to POPLA that it has issued a parking charge notice correctly and that the parking charge is therefore owed. The appellant is appealing as the registered keeper. I have received the PCN, and I am satisfied this meets the requirements of the Protection of Freedoms Act 2012 therefore, I am considering the registered keeper’s liability for the PCN. 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 must follow certain rules including issuing a PCN to be received within the required timescale. In this case, the parking operator has issued the PCN 31 days outside of the timeframe. Therefore, the parking operator has failed to transfer the liability onto the registered keeper. As such, I am not satisfied the PCN was issued correctly. I must allow the appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.

Nellymoser

Congrats on your POPLA win.

Have you seen/signed the parking petitions. We must keep asking for Govt action to protect motorists from PP firms 'rip-off' practices and equipment.

https://forums.moneysavingexpert.com/discussion/6595460/parking-petitions-x-7-on-uk-parliament-petitions-website

Coupon-mad

I thought the parking date was 2nd December and the NTK Issue date: "12/12/2024"?

knopfler2009

Nellymoser said:

Congrats on your POPLA win.

Have you seen/signed the parking petitions. We must keep asking for Govt action to protect motorists from PP firms 'rip-off' practices and equipment.

https://forums.moneysavingexpert.com/discussion/6595460/parking-petitions-x-7-on-uk-parliament-petitions-website

Thanks, will sign and share.

knopfler2009

Coupon-mad said:

I thought the parking date was 2nd December and the NTK Issue date: "12/12/2024"?

The parking date was 02/12/2024 and the NTK notice date was 02/01/2025. I received it through the mail on the 3rd and appealed the same day.

When they rejected the appeal, they said in the letter (in the original post above) that the issue date was 12/12/2024. I didn't notice that it had changed at the time, but still have the original NTK that states the notice date was 02/01/2025. 

Coupon-mad

And there was no windscreen PCN I assume, if no windscreen PCN then the Assessor was right.

trigster

Am i right or am i wrong? 

Just had POPLA reject an appeal for a CUP parking "incident" at the same site claiming that the keeper liability was transfered within the correct time period. Below is an except from my appeal letter, for information the alleged action by the driver was on the 14th December 2024 and the "letter date" was the 24th December 2024;

1. The Notice to Keeper (NTK) was delivered outside of the relevant period specified under sub-paragraph 9 (5) of the Protection of Freedoms Act 2012 (POFA)

Sub-paragraph 9 (5) specifies that the relevant period for delivery of the Parking Charge Notice (PCN) for the purposes of sub-paragraph 9 (4) is a period of 14 days beginning with the day after that on which the specified period of parking 14th December 2024. The relevant period is therefore the 14-day period from 15th December 2024 to 28th December 2024 inclusive. Sub-paragraph 9 (6) states that a notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. The “Letter Date” stated on the PCN is 24th December 2024 in accordance with sub-paragraph 9 (6) is presumed to have been “given” on 30th December 2024 (i.e. outside of the relevant period).

Public holidays in England and Wales have been taken from the Governments website, namely 25th and 26th December as Bank Holidays and working days being 27th December (1st working day) and 30th December (2nd working day).

As the NtK is not PoFA compliant, there can be no Keeper liability.

So if i'm wrong, fair cop, if i'm right and POPLA are wrong, is there a complaints procedure?