Help with challenging PESS - private land parking- POPLA reference given

The_professor92

Good evening all,

The problem: I parked in a visitors spot in a village car park where there are two seperate private landlords. I had a visitors badge on in my car as I genuinily did not realise there were two seperate parking companies in one village. (Please see image with badge). 

However I recieved a letter claiming that I must pay my fine from PESS.

I received my letter with the time stamp for the morning 4am, which at that time was very difficult to read the signs as it looks similar to the sign as the other landlords T & C board.

I have done the following so far.....

Newbies thread is very informative and I have tried my best to follow the steps of complaing to PESS (See appendix 1) as well as complaining to DVLA as PESS kept sending me debt letter threats without actually responding to my complaint. They eventually responded after 4 weeks. (See appendix 2)

I now need help to find out what step I can take next and how to complain to POPLA as they have provided me a reference.

My taken images:

My email of complaint to PESS: (Appendix 1)

"Dear Sir or Madam,

I refer to the letter received in regards to "parking charge".

I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (POFA). I write to formally challenge the validity of this parking charge

Your Notice to Hirer fails to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA). In particular, the notice does not meet the conditions set out in Paragraphs 13 and 14 required to establish keeper liability. Consequently, you have forfeited any right to pursue me, as the keeper, for this charge.

For the avoidance of doubt, I make no admission as to the identity of the driver and no assumptions can be drawn.

Since your PCN is a vague template, I require a full explanation of the allegation and supporting evidence, including:

• A close up, dated photograph of the signage at the site as it appeared on the material date.

 

• Photographic evidence of the vehicle at the alleged location

 

• A copy of the written authority from the landowner authorising Parking Enforcement and Security Services to issue and pursue PCNs at this site.

 

• If the allegation relates to any supposed grace period or permit terms, evidence of the grace period or permit conditions agreed by the landowner.

Unless you can demonstrate full compliance with POFA and provide the requested evidence, I require confirmation that this charge has been cancelled.

If you choose to reject this challenge, please treat this as a formal request for the following:

• Details of the Independent Appeals Service (POPLA), and a unique POPLA reference number for escalation.

I expect your full response within the timeframes specified under the British Parking Association Code of Practice.

Kind regards

XXXXXX"

Their response: (Appendix 2)

"POPLA Verification Code:XXXXXXXXX

Parking Charge Reference Number: XXXXXX

Thank you for your appeal regarding the above Parking Charge.

I have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me. On this occasion, your appeal has been rejected as I am satisfied that this Parking Charge was issued correctly. I have explained the reasoning behind this decision in more detail below.

My findings

"WXXXXX GXXXX VXXXXe, (postcode)XXXX" is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme, which are displayed on the signs in place at the site. These signs have been installed in clear and prominent positions.

At this location, parking is only permitted for valid permit holders with their permit on display.

On 15/09/2025, the vehicle was parked without a valid permit on display. This was a breach of the terms and conditions and the PCN was correctly and legitimately issued as a result.

Please find attached the photographic evidence for the PCN.

Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid.

I appreciate that this may not be the desired outcome, however, you have now reached the end of our internal appeal process. The three options available are listed below:

Your options

1) Pay the Parking Charge at the reduced amount of £60.00 within 14 days from the date of this response. After this time, the opportunity to pay at the reduced amount will no longer be available. The amount outstanding will rise to the full amount of £100.00 and will need to be paid within 14 days. Payment can be made online. Go to www.parkingcsl.co.uk/pay. You can find full details of how to pay on the Parking Charge issued to the vehicle and/or on the letter(s) sent, if applicable.

Please note that you may need to manually update the payment amount to the reduced balance when making payment via our website.

2) Make an appeal to POPLA (the Independent Appeals Service) online at www.popla.co.uk using the verification code provided above. The only grounds for making an appeal are stated on the website and the appeal must be received by POPLA within 28 days from the date of this response. If you are unable to submit your appeal online, we can provide you with a form to submit your appeal by post.

If you appeal to POPLA, we will suspend recovery activity on the Parking Charge. The charge will not increase further until the appeal outcome has been determined. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful or you withdraw your appeal, you will only be able to settle the Parking Charge at the full amount. The opportunity to pay at the reduced amount will no longer be available.

If you choose to pay the Parking Charge you will not be able to appeal to POPLA.

3) If you do not make payment or submit an appeal to POPLA within the relevant time frame, the outstanding Parking Charge may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the full Parking Charge amount.

More Information

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 appeal then you must do so to POPLA, as explained above.

Kind Regards

XXXXX"

Thank you for your support!

ChirpyChicken

Dont waste your time with POPLA.  ignore any debt recovery letters

The_professor92

Thanks. Do I ignore the debt recovery letters completely. Would I need to contact Popla or just wait till they send me another formal letter? Regards

Coupon-mad

Up to you if you think you have enough evidence that the signs are inadequate. If you do, you can try POPLA.

Show us their best picture of the sign t&cs

The_professor92

This is their sign. I had a visitors badge on my windscreen just didn’t realise this company was seperate and it was in the same village just literally the next road down.

Is there anything I can challenge them on?

Coupon-mad

Show us both sides of the NTK. I doubt PESS can hold the keeper liable because they use a third party to issue their notices and handle appeals.

The_professor92

This is both sides of the ntk it is my sisters car but i was driving

Coupon-mad

And she appealed, not you I hope?

The_professor92

Yes if you go to my first post the first email was sent by her confirming she is registered keeper

The_professor92

“I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (POFA). I write to formally challenge the validity of this parking charge”

Coupon-mad

Good. Because that NTK is non-POFA, clearly.