POPLA Appeal Stage - APS UK Ltd, Parked in own rented space using Hire Van

Chigs181

I'm seeking advice on a private parking charge I received after briefly parking a hired removal van in my own allocated space on the first day of moving into a new flat. I am a paying resident with explicit rights to this space under my tenancy agreement. The charge was issued by All Parking Services UK Ltd for “unauthorised parking,” as the van was not pre-registered in their system, despite being used solely for unloading into my bay for under 30 minutes.

APS UK rejected my internal appeal, stating:

• It’s the driver’s responsibility to register all vehicles

• There is “sufficient signage” on site

• My vehicle was not authorised on the day of the incident

• They cited ParkingEye v Beavis as justification for enforceability

“Your vehicle was not authorised. There is sufficient signage… this signage is authorised by the British Parking Association… As your vehicle was not registered correctly or authorised on the day of parking, we are unable to accept your appeal.”

Grounds for Appeal:

1. Primacy of Contract/Tenancy Rights

I am a tenant with an active tenancy agreement granting me exclusive rights to a designated parking space. On the day of the incident, a hired van was parked in my space while unloading heavy household items as part of my move-in process. The parking occurred for under 30 minutes. My tenancy agreement contains no clause requiring vehicle registration or compliance with any third-party parking enforcement, and no such rules were disclosed at the point of signing.

2. Lack of Authority: 

POPLA requires operators to demonstrate that they have sufficient legal standing to form contracts and enforce charges. APS UK Ltd has not provided a redacted copy of a contemporaneous contract with the landowner. As the resident and payee for the space, I assert that they lack the authority to override my contractual rights. If APS UK Ltd cannot demonstrate the existence of a direct contract with the landowner or managing agent that explicitly covers enforcement of individual leased or rented bays, then the PCN is unenforceable.

3. Permission Granted by Principal (Implied License)

As a lawful tenant, I am entitled to grant permission for vehicles to be present in my designated bay. The hired removal van was authorised to park there by me, the lawful occupant. This is a legal licence from a principal party to the contract (me), thereby rendering any claim of unauthorised parking null.

4. No Legitimate Interest - Charge is a Penalty

The Supreme Court case ParkingEye v Beavis \[2015] UKSC 67 held that charges are enforceable only where there is a legitimate interest in deterring misuse and that the charge is proportionate. In this case:

• I parked in my own designated bay. 
• There was no obstruction or loss of amenity to any third party.
• No commercial interest or traffic flow was disrupted.
• APS UK Ltd suffered no loss or operational detriment. 

Therefore, this charge has no deterrent value and is purely punitive, failing the test of legitimate interest and proportionality. 

5. One-Off Mitigating Event – Moving Day

This was a first-time event on the day I moved into the flat. The van was present for under 30 minutes while unloading heavy furniture. 

6. Inadequate and Ambiguous Signage

The signage on-site is not compliant with BPA Code of Practice Schedule 1, which requires that:

•  Material terms must be clearly legible from a distance.
•  Important conditions must be prominent, unambiguous, and not hidden in small print. 

The phrase: “All vehicle registrations must be registered with APS UK Ltd when parking on this site” appears only in small font under the larger header “Authorised Resident Parking Only”. It is in brackets, obscuring its importance. This is insufficient to create a binding contract or properly inform new residents and temporary drivers.

7. Non-Compliance with Protection of Freedoms Act (PoFA) 2012 – Hirer Liability

This parking charge cannot be enforced against me because the operator has failed to comply with the strict requirements of Schedule 4, Paragraphs 13 and 14 of the Protection of Freedoms Act (PoFA) 2012, which sets out the procedure for holding a hirer liable for a private parking charge.

The Act requires:

1. That the keeper (in this case, the hire company) is first issued a Notice to Keeper within the correct time period (Paragraphs 8 or 9).
2. That the operator can only transfer liability to the hirer if they are supplied with:

• A signed statement naming the hirer
• A copy of the hire agreement, and
• A signed statement of liability from the hirer accepting responsibility for parking charges.

Only once these are received, the operator must then serve a valid Notice to Hirer to the person named, within 21 days and in accordance with Paragraph 14(5).

In this case, I did not receive a Notice to Hirer from the parking operator. I only became aware of the parking charge through the rental company. No correspondence from the operator has been sent to me directly.

The British Parking Association Code of Practice requires operators to adhere to specific rules regarding signage, grace periods, and the handling of notices and appeals.

Do I have grounds for winning the POPLA appeal? And what are my chances?

Chigs181

Screenshot of appeal rejection letter and photo of signage.

Umkomaas

• They cited ParkingEye v Beavis as justification for enforceability

Yet conveniently omitted citing Jopson v Homeguard!  How strange!

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

Has the van hire company formally transferred liability from themselves to you?  Do you have a Notice to Hirer in your own name?  Or did you respond to APS on the basis of having a PCN placed on the van windscreen?

Johnersh

On this basis presumably the postman gets a ticket every morning and every delivery driver.

Indeed it's actually an infringement of a tenant's reasonable enjoyment of their property if they cannot so much as move in. You're likely to find a landlord obligation in respect of that...

How is anyone going to get a permit or e-permit for a hire car or borrowed car as they'll inevitably require at some point in their residency?

Chigs181

Yes, the van hire company formally transferred liability to me in line with the terms of the hire agreement, and they’ve charged me an admin fee also  

However, I haven’t received a Notice to Hirer in my own name. I responded to APS using the reference details provided by the hire company. I accessed the charge through their online portal and submitted my appeal from there.

There was no PCN issued on the windscreen, everything has been handled digitally due to ANPR.

I have also quoted Jopson vs Homeguard in my formal appeal:

“Ground 5: One-Off Mitigating Event - Moving Day

This was a first-time event on the day I moved into the flat.

The van was present for under 30 minutes while unloading heavy furniture.

Relevant Precedent:

• Jopson v Homeguard Services Ltd (2016): The judge ruled that brief stops for essential unloading do not constitute parking in breach of lease or parking terms. It recognised the practical realities of residential life. As in Jopson, unloading bulky items into a flat does not constitute a breach of terms and should not incur a penalty.”

Coupon-mad

But did you admit to driving?