Meadowhall Sheffield Car Park Fine

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82085853#Comment_82085853

Yes but feel free to show us how it looks first.

youngie24

A
creditor only has the right to recover unpaid parking charges from the keeper
of the vehicle under paragraph 4(1) of Schedule 4 where the criteria in
paragraph 4(2) of Schedule 4 are met.

Paragraph
4(2)(a) requires that the conditions in paragraphs 5, 6, 11 and 12 (so far as
applicable) are met.

Paragraph
6(1)(b) of Schedule 4 of POFA requires that a Notice to Driver is given in
accordance with paragraph 7, followed by a Notice to Keeper in accordance with
paragraph 8.

Paragraph
7(2)(e) requires that the Notice to Driver: identify the creditor and specify
how and to whom payment may be made.

Although
the Notice to Driver specifies how and to whom payment may be made, it does not
identify who the creditor is.

Paragraph
8(2)(a) requires that the Notice to Keeper: specify the vehicle, the relevant
land on which it was parked and the period of parking to which the notice
relates.

The
Notice to Keeper does not include the period of parking to which the notice
relates.

Paragraph
8(2)(e) requires that the Notice to Keeper state: the creditor does not know
both the name of the driver and a current address for service for the driver
and invite the keeper—
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the creditor of
the name of the driver and a current address for service for the driver and to
pass the notice on to the driver

The
Notice to Keeper does not state that the creditor does not know the name of the
driver.

The
Notice to Keeper does not state that the creditor does not know a current
address for service for the driver.

The
Notice to Keeper does not “invite” the keeper to pay or to notify the creditor
of the driver’s name and address, it purports that the keeper is “required” to
do so.

Paragraph
8(2)(f) requires that the Notice to Keeper: warn the keeper that if, at the end
of the period of 28 days beginning with the day after that on which the notice
to keeper is given—

(i) the
amount of the unpaid parking charges (as specified under paragraph (c) or (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;

The
Notice to Keeper incorrectly states that the period of time is “after 29 days
from the date given”, not 28 days.

Both the
Notice to Driver and the Notice to Keeper materially fail to comply with the
requirements of Schedule 4 of POFA.

youngie24

As the Operator is seeking to recover unpaid parking charges from me as the keeper of the vehicle, and they have failed to comply with Schedule 4 of POFA, this appeal must be allowed.

Additionally, the PCN is in breach of Clause 8.1.1 of the Single Sector Code of Practice [Appendix 1] because the PCN, in its design and/or language, states that the keeper is liable where they cannot be held liable. The keeper cannot be held liable in these circumstances because the PCN was not given in accordance with Paragraph 9 of Schedule 4.

Additionally, on 16th July 2026, the Competition and Markets Authority published an open letter to private parking operators [Appendix 2]. Paragraph 28 requires Operators to ensure that all substantive correspondence they send to consumers directs them to the Private Parking Sector Single Code of Practice - and the Appeals Charter at Annex F - in order to allow consumers to make better informed decisions on whether to pay or appeal a PCN. Substantive correspondence specifically includes the Notice to Keeper, payment reminder letters and letters sent to consumers during an internal appeal.

Neither the Notice to Keeper, nor the Notice to Driver, direct the consumer to the Private Parking Sector Single Code of Practice, nor to Annex F thereof.

A creditor only has the right to recover unpaid parking charges from the keeper of the vehicle under paragraph 4(1) of Schedule 4 where the criteria in paragraph 4(2) of Schedule 4 are met.

Paragraph 4(2)(a) requires that the conditions in paragraphs 5, 6, 11 and 12 (so far as applicable) are met.

Paragraph 6(1)(b) of Schedule 4 of POFA requires that a Notice to Driver is given in accordance with paragraph 7, followed by a Notice to Keeper in accordance with paragraph 8.

Paragraph 7(2)(e) requires that the Notice to Driver: identify the creditor and specify how and to whom payment may be made.

Although the Notice to Driver specifies how and to whom payment may be made, it does not identify who the creditor is.

Paragraph 8(2)(a) requires that the Notice to Keeper: specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

The Notice to Keeper does not include the period of parking to which the notice relates.

Paragraph 8(2)(e) requires that the Notice to Keeper state: the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i) to pay the unpaid parking charges; or(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver

The Notice to Keeper does not state that the creditor does not know the name of the driver.

The Notice to Keeper does not state that the creditor does not know a current address for service for the driver.

youngie24

sorry it wouldn't allow me to upload the PDF, so I have the above saved and then a copy of the sector single code of Practice and the Open letter to private parking operators ?

ChirpyChicken

7 pages is far to much for one parking ticket

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82087284#Comment_82087284

Give it a whirl! Good work!

youngie24

just checking on the below as the letter states that I must appeal now to POPLA ? - see below

We are therefore unable to cancel the charge as it was issued correctly. You have now reached the end
of our internal appeals procedure and must choose to do one of the following: Pay the charge at the
prevailing rate of £60.00 within 14 days. Please note that after this time the discounted rate will no
longer apply and the Charge will rise to £100.00.
You can submit a further appeal to the Independent Appeals Service, POPLA (Parking on Private Land
Appeals) using the POPLA code provided above, any appeal to POPLA must be made within 28 days.
Please note that where a charge has been issued in Scotland or Northern Ireland, only the driver may
appeal to POPLA. If you appeal to POPLA and you withdraw your appeal or your appeal is rejected, the
option to pay at the discounted amount of £60.00 will no longer apply and the full amount of £100.00 will
be due. Further details on how to appeal to POPLA can be found on their website, www.popla.co.uk.
If you choose to do nothing, after 35 days we will seek to recover the monies owed to us via our debt
recovery procedures and may proceed with Court action against you.
To support our eligibility to pursue this Parking Charge Notice, we would like to draw your attention to
the fact that on 4th November 2015 there was a landmark Court decision that saw a motorist challenge
a Parking Charge Notice through the Court system of England and Wales with the final appeal to the
Supreme Court. Where, in a final decision made by the Supreme Court Judges, a Judgement was
handed down supporting the view that a parking charge should be viewed as an effective deterrent. The
judgment confirmed the parking charge was lawful and motorists parking on private land must comply
with the advertised terms and conditions. Further information regarding this judgement can be found at
www.supremecourt.uk/cases/uksc-2015-0116.htm

1505grandad

Just checking - in the couple of references to "judgement" is that your error or did they spell it correctly in this context as "judgment".

youngie24

I copied and pasted

Coupon-mad

You'll surely know already that POPLA was coming next. Post 3 of the NEWBIES thread and the POPLA Decisions thread are worth you reading.