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Parking Charge Notice to Hirer ( from CUP enforcement )

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Comments

  • Car1980
    Car1980 Posts: 1,703 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 8 August at 10:46PM
    Yes, you agree to pay the charge, but you do not agree to pay any admin fee because a charge is not an offence or fine.

    So they could pay it and pursue you for a refund, or they could pass it directly on for you to deal with. But you have not agreed to pay any admin fee on a Parking Charge Notice ie. invoice.
  • Switcher_Sam
    Switcher_Sam Posts: 39 Forumite
    Ninth Anniversary 10 Posts Name Dropper Photogenic
    "CUTOMER PARKING.."? Oh dear..🙄
  • PCNonsense
    PCNonsense Posts: 6 Forumite
    First Post
    I received a debt recovery notice in the post today, dated 5th August 2025. As today is the 14th of August, I’m concerned about the delay in receiving this correspondence. The notice references a PCN for which I have not received any Notice to Hirer (NTH). However, the hire company did inform me of the PCN, as they charged me each time they received one. I don't believe they are even sending me these letters


  • ChirpyChicken
    ChirpyChicken Posts: 1,770 Forumite
    1,000 Posts Name Dropper Photogenic
    Ignore ALL DRP letters.
  • PCNonsense
    PCNonsense Posts: 6 Forumite
    First Post
    The both appeals have now been rejected and POPLA codes have been provided

    when i logged into the website to make an appeal i was presented with 3 options

    1 - I was the Driver
    2 - I am the registered keeper
    3 - I am the hirer

    I chose option 3 when submitting appeal

    Letter below:

    13/08/2025

    Dear 

    Re: Parking Charge Notice Number ----- (Vehicle: -----)
    POPLA Verification Code: ------
    Site: Cakes and Bakes, r/o 59 High st Barkingside
    Issue date: 17/07/2025

    Contravention: Unauthorised parking not on the whitelist

    Thank you for your appeal received on 08/08/2025 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 the
    vehicle was parked in breach of the Terms and Conditions of Parking.

    Whilst we appreciate your concerns and comments raised, the vehicle was parked without authorisation, was not
    exempt from the parking terms, and no supporting evidence was submitted of authority from the operator to use
    the parking area.

    The Code of Practice of The British Parking Association (BPA) sets the standards with which its parking operators
    need to comply:

    Section 22.8 states;
    'While we have an expectation that operators will seek to use PoFA legislation, it is appreciated that there will be
    occasions where this might not be possible. If a Non-PoFA Notice to Keeper is being issued it must be sent out as
    soon as possible and no later than 7 months after the original parking event.'

    The notice was submitted within the permitted time frame for Non-PoFA notices; you confirmed you were the hirer, therefore you are now liable for the charge.

    Parking standards are a matter of safety, security and etiquette. Responsibility lays 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. 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. The time and date
    stamped photographic evidence submitted by the operative, captured the vehicle parked at the location. Our
    sitemaps confirm the signage at the site 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 do not have to use the site and are at liberty to park elsewhere. Those who choose to park on private
    land without permission are trespassing therefore, any vehicle found parked in the area without due authorisation
    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 at the site in contravention, they accept the potential consequence of incurring a PCN.
    Terms and conditions were undoubtedly displayed and contact information is displayed on all CUP signage,
    however, none was made. Unfortunately, sufficient evidence was not provided in order to warrant the cancellation
    of the PCN. 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 warden 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. 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 ------

    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.
  • Gr1pr
    Gr1pr Posts: 9,378 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Appeal as hirer to popla, based on no hirer liability,  no compliance with Pofa2012 etc, plus the usual popla points about poor signage and no landowner authority etc
  • Coupon-mad
    Coupon-mad Posts: 153,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Search the forum for POPLA NTH appeal

    Dead easy to win.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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