Civil Parking PCN

RazBurley

Hi, need some advice please. 🙏

Keeper have received this pcn. The driver did make a payment using cash for the correct amount of time, probably made a mistake in putting reg no, but they can't remember and have lost parking ticket so no prrof of payment.

I have noticed that ntk is not compliant with Paragraph 9(2(f) of PoFA. It does not have eaxct following wording

*“The notice must—*  

(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—  

(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and  

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,  

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.”**

It also does not specify the actual period of parking (only times are recorded),

as required under Paragraph 9(2)(a)

Can any body advice please?

Gr1pr

I don't see any invitation to the keeper to pay either 

Never heard of CPO before,  must be a new kid on the block, the lure of greed looming large

Gr1pr

I don't see any invitation to the keeper to pay either 

Never heard of CPO before,  must be a new kid on the block, the lure of greed looming large

Car1980

They've been around since 2023, so presumably a minimal input operation. Churn out tickets, accept that half will be paid and the other half can be passed to a debt recovery mate and hands are washed.

Your choice whether to just take that "active choice" and ignore, or email them simply telling them you weren't the driver and nothing in law makes you liable.

Coupon-mad

RazBurley said:

Hi, need some advice please. 🙏

Keeper have received this pcn. The driver did make a payment using cash for the correct amount of time, probably made a mistake in putting reg no, but they can't remember and have lost parking ticket so no prrof of payment.

I have noticed that ntk is not compliant with Paragraph 9(2(f) of PoFA. It does not have eaxct following wording

*“The notice must—*  

(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—  

(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and  

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,  

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.”**

It also does not specify the actual period of parking (only times are recorded),

as required under Paragraph 9(2)(a)

Can any body advice please?

I didn't recall hearing of this little firm before (they are clearly small fry) but I see I do have this 2024 thread about them in the NTK pictures thread:

https://forums.moneysavingexpert.com/discussion/comment/80566004/#Comment_80566004

You'll never pay this lot.

As long as the keeper appeals without implying who was driving, you could use POPLA to squash them like splatting a fly, if you want it ended.

RazBurley

thanks for your replies. Would you guys be able to have a look at the below and see if this is enough to send as an appeal?

thank you






Appeal Against Parking Charge Notice--------------

I am writing to appeal the Parking Charge Notice referenced above as registered keeper, issued to my vehicle.

This appeal is made on the following grounds:

1. Non-compliance with the Protection of Freedoms Act 2012 (Schedule 4)  

The Notice to Keeper (NTK) you issued does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, for the following reasons:

- The NTK fails to include the mandatory wording required under Paragraph 9(2)(f), which warns the keeper that you have the right to recover unpaid charges if the driver is not is not identified within 28 days.  

- It also does not specify the “period of parking”, as required under Paragraph 9(2)(a). Merely stating entry or exit times is insufficient.

- it also does not invite the keeper to pay the unpaid parking charges as required under Paragraph 9 (2)(e)(i)

Due to these omissions, you have no legal right to pursue the registered keeper, and I cannot be held liable.

3. Inadequate Signage at the Site  

The signage at the location was not clear, prominent, or sufficient to form a legally binding contract. There was no clearly visible notice of the parking terms or the charge amount. As per the BPA Code of Practice, signage must be clearly legible and placed where drivers can review terms before parking. That standard was not met in this case.

---

Conclusion  

In light of the above, I request the immediate cancellation of this charge. If you reject this appeal, I require a POPLA code so I can escalate the matter. Should you continue to pursue this claim, I am fully prepared to defend it and will highlight your non-compliance with PoFA.

Coupon-mad

Yep that'll do. Only tick keeper.

RazBurley

Coupon-mad said:

Yep that'll do. Only tick keeper.

Shall i include the Signage part or just the keeper liability part? 

Umkomaas

RazBurley said:

Coupon-mad said:

Yep that'll do. Only tick keeper.

Shall i include the Signage part or just the keeper liability part? 

Keeper liability is the killer point, but don't expect the PPC to roll over at this stage. POPLA should put an end to it. You can add signage to your POPLA appeal. 

RazBurley

Hi All,

just an update, the keeper has found the ticket purchased and as i said in original post it was a one letter which they put in wrong. they want to appeal on minor keying error basis.

can you please have a look at the appeal below and see if its ok to send? thank you

Appeal Against Parking Charge Notice [Insert Reference Number] – Keying Error

I am writing as the registered keeper of the vehicle [Insert Vehicle Registration] regarding the Parking Charge Notice referenced above.

This notice appears to have been issued due to a minor keying error made when entering the vehicle registration at the payment terminal. While payment was made, it seems a small mistake occurred. registration number -------- was entered instead of --------------, just one letter entered wrong.

As outlined in Section 17 of the British Parking Association Code of Practice, parking operators are expected to take reasonable steps to identify and correct such minor keying errors before issuing a Parking Charge Notice. If the operator fails to do this and the motorist later appeals, the Code states that the charge should be cancelled.

This case clearly falls within that guidance. I request that you check your payment records for similar registrations and confirm the payment made at the time of parking. This is a clear case of a genuine and minor error that should have been resolved without issuing a charge. A copy of the ticket purchased has been attached for your reference that payment was made for the correct amount of time.

I would also like to clarify that I am the registered keeper of the vehicle and am not obliged to identify the driver, as per the Protection of Freedoms Act 2012.

If you do not cancel this charge, please issue a POPLA code so I may escalate this to the independent appeals service.

Coupon-mad

Yep all good.