How To Beat A Private PCN

HOW TO BEAT A PRIVATE PCN: BY APPEAL, COMPLAINT, OR DEFENCE.
BEFORE YOU USE THE FORUM, IF YOU ARE NOT SURE HOW TO USE IT, CLICK HERE Forum Introduction Guide
AND READ THESE; YOU'LL SOON BE UP TO SPEED AND MAY FIND YOUR ANSWER BY SEARCHING FOR SIMILAR POSTS:
https://www.moneysavingexpert.com/faqs/how-do-i-ask-a-question-on-the-forum/
http://forums.moneysavingexpert.com/faq.php?faq=vb3_board_faq#faq_vb3_board_usage
DO NOT USE YOUR REAL NAME AS YOUR USERNAME IF YOU POST A THREAD:
http://forums.moneysavingexpert.com/showthread.php?t=5532696
FAQS FIRST. NO THREAD IS NEEDED IF YOUR QUESTIONS ARE:
Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.
A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.
Q - ''Is this info up to date, because this thread was started in 2013?''
A - YES, IT IS. SEE THE DATE LAST EDITED (RECENTLY!) AS SHOWN AT THE BOTTOM OF THIS POST.
Q - ''My vehicle is lease/hired/company car and I'm not the registered keeper. Is the advice different?''
A - YES, PLEASE SEE THE SECTION ABOUT LEASE/HIRE/COMPANY CARS AT THE FOOT OF THIS POST*
Q - ''My PCN is from a Council (e.g. bus lane, box junction or parking PENALTY) so does this thread apply?''
A - NO, BUT THEY CAN BE APPEALED. GO TO 'PEPIPOO.COM' COUNCIL TICKETS FORUM INSTEAD.
http://forums.pepipoo.com/index.php?showforum=30
Q - ''I don't understand any of your acronyms, this is too complicated!''
A - THE USUAL ACRONYMS ARE EXPLAINED LOWER DOWN THIS THREAD, SEPARATELY, IN POST #5. APPEALING IS NOT
COMPLICATED, YOUR APPEAL IS ALREADY WRITTEN FOR YOU BELOW FOR YOU TO COPY & PASTE INTO THE PPC's
ONLINE APPEAL PAGE.
Q - ''My PCN says the 'fine' will go up after 14 days, so why are you suggesting I wait before appealing?''
A - FORGET THE '14 DAYS JITTERS'. THE 'DISCOUNT' IS A BRIBE NOT TO APPEAL.
Q - ''My PCN is from an IPC member, should I really not try IAS, and why not?''
A - Next to no chance. Sad to say but the IAS is widely considered a kangaroo court, Normal appeal facts like 'I was
not the driver, no keeper liability' don't cut it with the IAS and losing that stage will make most posters feel more
worried.
DON'T TRY IAS & PLEASE DON'T POST ASKING FOR YOUR 'NEXT STEP'. NONE, TILL COURT.
Q - ''My PCN is from UKCPM or UKCPS (insert IPC firm here) and the signs say they are both BPA & IPC members?''
A - THEY ARE NOT. SPARE OUR TIME ON THIS BUSY FORUM. NO MORE THREADS LIKE THIS!
Q - ''My windscreen Notice is a 'PENALTY' from a Railway car park, issued by a private firm (SABA), what do I do?''
The only thing to do differently with SABA RAILWAY PENALTY (specifically only that type) is to WAIT for the first letter
to arrive (as long as it's your own vehicle, not leased/hired - if it is you must respond yourself quickly). These fake
penalties go nowhere, and 'time out' after just 6 months. There is no POPLA offered and no fair appeal; nothing
makes them cancel. For a summary about Railway penalties, written by a newbie who did her research click here and
just search the forum for SABA for more like this: here.
Q - ''I'm in Scotland/NI, so is the advice different?''
YES. IF THE EVENT TOOK PLACE IN SCOTLAND OR NORTHERN IRELAND, WE SUGGEST YOU DO (ALWAYS!) COMPLAIN
TO STORE MANAGEMENT IF YOUR PCN IS FROM A RETAIL PARK, AND SEND THE USUAL TEMPLATE APPEAL FOR YOUR
CASE, NOT SAYING WHO WAS DRIVING. HOWEVER, DO NOT TRY POPLA BECAUSE POPLA (IN A CASE THAT TOOK
PLACE OUTSIDE ENGLAND/WALE) WILL REQUIRE YOU TO STATE IF YOU WERE DRIVING OR NOT, AND THAT IS THE
ONE THING NOT TO DISCLOSE.
Q - ''I am getting debt collector letters! They're really scary, the 'fine' has gone up, what do I do?''
A - If this is the VERY FIRST letter from a debt collector like PCS or ZZPS, appeal that Notice as if it was the 'Notice to
Keeper'. IF YOU MISSED APPEAL AND ARE GETTING DEBT LETTERS - DO NOTHING! DO NOT RING THE DEBT
COLLECTOR! See post #4 below. Do not post a thread (please, we have no time and you will be grateful later when
you really need us, that we don't get bogged down with answering posts about 'ignore the debt collector letters'
stage).
Q - ''I have a (non-debt collector) Letter Before County Court Claim (LBCCC), or a Court Claim, or a CCJ that I have just
discovered - is it too late to beat this - should I now pay?''
A - IT IS NOT TOO LATE. WE WIN 99% OF WELL-DEFENDED COURT CLAIMS! CERTAINLY DON'T RUSH TO PAY OFF A CCJ,
WHICH OFTEN DOES NOT REMOVE IT. SEEK OUR ADVICE FIRST. SEE POST #2 BELOW.
Q - ''Why isn't this sort of rip-off scam illegal? I thought these were unenforceable.''
A - Private charges are based on contract law and allege that the driver breached a contractual term (e.g. an implied
promise, such as to display a permit or not to overstay a 2 hour free period). Such contracts can be enforceable in the
county court, but are defendable (see post #2 all about small claim defences). Charges are not 'illegal' but this
industry is skating on thin ice. These are some of the comments made by the MPs in Parliament concerning the
unregulated parking industry (Feb 2018):
https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/
Parking(CodeOfPractice)Bill
''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is
issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like
putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges
and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often
deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service
is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous
practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by
way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to
this country. Ordinary motorists and ordinary residents should not have to put up with this''.
These are the exact words used, so you should quote them to your MP in a complaint.
****************************
Action to be taken if you are the registered keeper of the vehicle, in this order:
1. ALL CASES, EVERYWHERE - COMPLAIN FIRST, ESPECIALLY OVER A RETAIL, HOTEL, OR HOSPITAL CAR PARK:
Always complain to the Retailer very quickly. This is 'Plan A' :
Successful complaints about private parking tickets - how to get them cancelled! <<< CLICK
It can be easy and quick to get these cancelled by a landowner. If the charge was at a Hospital then immediately
complain to PALS (Google it and find their local contact).
2. ONLY after exhausting the complaints option, then as Plan B, the keeper appeals.
Appealing a private PCN
Windscreen ticket from a BPA member? = STOP - wait and research before appealing!! If it was a windscreen 'PCN'
(not postal, not an IPC member and not a SABA Railway 'penalty' - see Q&A above) wait 3 weeks.
In the case of CURRENT (NON-DVLA-BANNED) BRITISH PARKING ASSOCIATION (BPA) AOS MEMBERS ONLY, appeal
online or by email at day 25 or 26 after a windscreen PCN but as the KEEPER, not driver, using the ''one size fits all''
blue appeal template below.
Q - ''But I want to appeal now! Why wait till day 26 before appealing a BPA member windscreen PCN?''
A - To tie them up in the appeals process at a time when they should also be posting a Notice to Keeper (NTK). Many
PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NTK by day
56, gives you a winning point at POPLA. Don't forget this tactic, and use it at POPLA stage: having appealed on day
25 or 26 after a windscreen PCN, make sure you take note of whether any postal NTK is ever received in the following
weeks. A rejection letter with POPLA code is not a 'NTK'.
You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win
as long as you make the missing NTK clear to POPLA.
IPC members are different:
In the case of CURRENT IPC AOS MEMBERS ONLY, we now advise to WAIT for a Notice to Keeper to arrive and then
challenge once as the KEEPER, not driver, using the template appeal, as shown below.
Q -''Why wait for the 'NTK' to arrive a month later, after finding an IPC member windscreen PCN?''
A: Because there has been shown to be no appeal worth trying really, you will get a rejection anyway, so you may as
well leave it and see if they issue a NTK and let them apply to the DVLA (unless yours is a company or lease car of
course, in which case you MUST appeal at windscreen PCN stage as stated at the end of this thread).
Postal PCN from a BPA or IPC member ? (i.e. with no mention of any windscreen ticket):
A postal PCN or NTK might be headed up 'Reminder' or 'Charge Notice' or it may even be a letter from a debt
collector - it is your Notice to Keeper, in effect, if it's the first letter to arrive. No need to wait, appeal online as
registered keeper (or as ''hirer/lessee'' if that's the case, see * below re lease/hire cars).
This is why not to name the driver (thanks to The Slithy Tove for this explanation):
http://forums.moneysavingexpert.com/showthread.php?p=69906180#post69906180
************************************************************************
TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING:
Re PCN number:
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be
making a complaint about your predatory conduct to your client landowner.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague
template, I require an explanation of the allegation and your evidence. You must include a close up actual
photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of
payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not
explain it.
If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed
by the landowner.
THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE, OR IN THE RELEVANT BOX
ON THEIR APPEALS PAGE.
THE DRIVER IS NOT IDENTIFIED.
DON'T POST IT BY ROYAL MAIL UNLESS YOU HAVE NO OTHER OPTION ON THE PCN.
CERTAINLY NOT BY RECORDED DELIVERY - FORGET THAT! - ALWAYS USE THE ONLINE APPEAL PAGE - OR EMAIL IF
OFFERED AS AN OPTION ON THE NOTICE - BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP PROOF/ A
SCREENSHOT. NO NEED TO USE YOUR REAL SIGNATURE IF YOU HAVE NO OTHER APPEAL OPTION BUT
POSTAL...BUT OF COURSE YOU PUT YOUR NAME AND ADDRESS!
You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':
- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a
genuine customer/patient, etc.
- If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was
driving.
- A copy of the Blue Badge is a good idea to upload/attach but without saying who parked.
********************************************************
Want to dig deeper? Check the compliance of your Notice to Keeper, if the PPC is citing 'keeper liability' under the
POFA. Here's a link to Schedule 4 of POFA 2012 which applies in England/Wales only (look for the words shown
in paragraph 8 if it's a 'windscreen ticket followed by a NTK', or the words in paragraph 9 if it's a postal PCN only):
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible.
If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN
must arrive by day 14 if there was no windscreen ticket.
Or, the NTK must arrive with you between day 29 and day 57 if there was a windscreen PCN.
Some firms (e.g. Civil Enforcement, Highview, Smart Parking, CP Plus and some small PPCs) don't even bother with
POFA 2012 wording so the keeper is not liable and you must you point that out to POPLA.
******************************************************
SMALL CLAIM?
Pre-action stage:
If you have a 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I mean a 'real' LBC with a 30 day deadline
and reply forms.
DO NOT use the 'reply forms'. You do not have to declare your finances!
This is a chance to see the PPC's hand - so send them (NOT their solicitor!) a Subject Access Request 'SAR' listing
what you want to see by way of data the PPC holds about you:
https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/
Find out where to send the SAR by email, by looking on the Parking firm's PRIVACY webpage, telling you where to
send 'data concerns' to their Data Protection Officer (DPO).
You do NOT have to supply intrusive ID (intrusive = driving licence or Passport) so refuse that if they demand it, but
you do have to show that you are the correct data subject. So attach a scan of your V5C if you still own the car, or if
not, a utility bill to show your name and address.
A SAR is free. Ask for (as a minimum):

- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs
can be partially redacted but insist on getting this; follow it up if they refuse).
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs,
not several separate claims.
As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW
Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under
the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.
The exception is PARKINGEYE

If you get a LBCCC from ParkingEye, send a SAR using the form on their PRIVACY page if you are missing
evidence/letters, but also email their litigation team to try to resolve the dispute:
enforcement@parkingeye.co.uk
Treat the ParkingEye email as your 'last gasp' chance to appeal, because ParkingEye can and will stop a case and
revert to appeal stage, or they'll accept you naming the driver & postal address (and will reissue the PCN and start
again with the driver being allowed to appeal).
Or send them relevant things; e.g. a copy of the Blue Badge, or bank statement/receipts URGENTLY.
In EVERY case (not just P/Eye) complain to the Landowner or retailer, and LBC stage is your chance. When faced with
a polite but ''angry customer who will never return'' complaint many retailers cancel these. DO NOT WRITE THAT YOU
WISH TO 'APPEAL'. Nope, it's a complaint!
If it's a Hospital, urgently complain to PALS (Google it...).
What if your LBC-stage complaint to the landowner doesn't get the PCN cancelled?
You'll probably get a court claim (no worries - scam soon over, no risk) and the results of the SAR will help, as it shows
you their evidence early = easier to defend.
If you get a court claim, don't panic, c99% of defendants here, win!
You do not get a CCJ even if you lose, if you pay within 30 days of judgment, nothing stays on the register (credit
record). No 'risk' as long as you don't miss court deadlines, you may as well defend and fight!
ALMOST NO-ONE REPORTS A LOSS - YOU DON'T NEED TO WASTE MONEY ON A SOLICITOR OR AGGRESSIVE
'APPEALS' COMPANY (WORSE THAN PARKING FIRMS - CHECK TRUSTPILOT!).
So, where to start dealing with your claim?
DON'T SCRAWL A 'DEFENCE' ON THE PAPERWORK. STOP!
Here is a guide to MCOL, how to acknowledge service ('AOS'):
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
THEN - UNLESS YOU HAVE A PARKING EYE CLAIM (DIFFERENT) - READ THIS TEMPLATE DEFENCE AND EDIT IT TO
SUIT:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-
charge-cases-where-they-add-false-admin-costs/p1
That template defence is new for 2020. From the 6 April 2020 a statement of truth at the end of a defence must now
be in the following form:
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be
brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement
of truth without an honest belief in its truth.
Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we
need you to read first.
Here are some cases won or in progress which should help you with ideas as to what to put in as 'case specific
facts' at #2 and #3 of the above linked template defence, if your case is not a ParkingEye one:
If your case is about YOUR OWN SPACE or parking in a residents' car park as a legit visitor, read THIS from the
parking Prankster. Also consider a counter-claim and/or LBC to the site Managing Agent:
http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
http://parking-prankster.blogspot.co.uk/2017/06/residential-ticket-only-cancelled-after.html
Here is a residential defence, by Johnersh, who is a solicitor:

and one about a residential site with secure key fob access:
https://forums.moneysavingexpert.com/showthread.php?p=74708527#post74708527
Here is one of many residential cases won. This report by bargepole mentions the case transcripts that might help
(hosted by the Parking Prankster in his CASE LAW pages on his website):
https://forums.moneysavingexpert.com/showthread.php?t=5927351
What about ParkingEye defences?

You can't use the template defence, as they don't add £60 to their claims and so the premise of 'abuse of
process' can't be used against them. But they can be defended, so, look for recent examples by searching the forum.
Here is a 2018 defence where P/Eye use ANPR alongside a Pay & Display machine, then try to morph the £4 tariff
into £100 damages:
Another P/Eye defence, about a hidden iPad or keypad inside the Odeon:
*********************************************
IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!
Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:
https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1
Defence is NOT your only job, nor the only paperwork!
There will be:
(a) Directions Questionnaire (N180) stage - an easy form.
(b) Witness Statement & evidence and costs assessment stage.
(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).
Some days/weeks after filing your defence, the CCBC will send you a DQ N180 form, that must be completed &
returned to the claimant and the court, explained here:
LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME!

When you get a hearing date, THAT SAME LETTER gives you on page two, the deadline by which YOU MUST file the
evidence ('exhibits') and any Witness Statement (i.e. yours - YOU are the witness).
At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the
evidence you will rely upon, which should include:
(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case (see
Google images - it's yellow and black)
(b) photos proving the scarce/illegible small print signs & a view showing the lack of entrance signs, etc.
(c) maybe a video of how it looks from a car? Get a passenger to hold a camera or phone and record the lack of
signs in similar light conditions.
(d) if you are defending as keeper, not driver, include a copy of Schedule 4 of the POFA - there is a link in post #1
above. Plus a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper
Liability'.
(e) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have
primacy of contract.
(f) case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if
arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if
arguing that this is a residential space where the tenant/leaseholder has already been granted the right to park or
unload, you need Jopson v Home Guard (appeal) and PACE v Mr N, etc.
(g) the IPC or BPA Code of practice, where it supports your case (e.g. grace periods) but be sure to use the RIGHT
version for the date of parking.
(h) Pay & Display ticket, if the driver paid. DON'T argue 'no loss'!
(i) the Approved Judgment from Southampton, plus paras 98, 193 and 198 from Parking Eye v Beavis copied &
pasted onto a single sheet.
WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE

A current good example of a Witness Statement:
https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685
This is a simple stage. Adapt that WS. Copy the style of index and how the photos are presented, and a lot of the
wording, just putting your own narrative in your own words as the first few points. There is also a Costs
Assessment shown there (and his defence, if you are at that earlier stage but reading ahead).
COVID_19: 2020 TELEPHONE HEARINGS - Special advice:

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-
discuss-strategy-and-outcomes-here/p1
...read that first as it changes how to submit your WS & evidence, which can currently be filed & served by email
(no printing needed but you MUST sign it).
Also, from 6th April 2020 a statement of truth at the end of a witness statement (or defence) must be in the
following form:
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of
court may be brought against anyone who makes, or causes to be made, a false statement in a document verified
by a statement of truth without an honest belief in its truth.
In most examples you find on recent threads, they will not have that new ending yet, so yours MUST be edited to
include the right wording. A WS is simple, it expands on your defence and tells the story from your point of view,
with your evidence.
If the PPC (pretty commonly!) DISCONTINUES shortly before the hearing, try writing to the court and asking for
your assessed costs.
Here's how @bluetoffee1878 did it - but it's rare to get this awarded without a hearing:
http://forums.moneysavingexpert.com/showth...88#post72966188
and LoadsofChildren123 wrote a longer version here, to reclaim costs after a discontinuance:
http://forums.moneysavingexpert.com/showth...88#post72799488
THE HEARING
It's a meeting - think of it as the ultimate face to face 'appeal'. Get there half an hour early to get through security
& sign in with the Usher. DO NOT agree to talk in a side room with the Claimant's rep, they are trying to get you
scared and settle the claim outside the Judge's room...nope.
Go in confidently and wish the Judge a Good Morning/Afternoon. Call the Judge 'Sir' or 'Madam'.
Search the forum for 'ANOTHER ONE BITES THE DUST' and read about hearings.
Most Judges are friendly; they listen and know about PPC 'scams'. Take a crib sheet with you like this (below),
noting the exhibit number beside each bullet point you want to raise:
https://forums.moneysavingexpert.com/discussion/6075943/claim-form-uk-car-park-management-gladstone/p21
https://www.gov.uk/get-help-with-court-fees
https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
SECOND STAGE APPEAL - POPLA OR IAS
POPLA IS OFFERED BY BPA AOS FIRMS
DO NOT APPEAL SAYING WHO WAS DRIVING, NEITHER AT FIRST APPEAL STAGE NOR AT POPLA.
POPLA Appeals are submitted here:
http://www.popla.co.uk/
but don't feel you have to answer their questions, you should write a detailed appeal and attach it as a PDF along
with photos (use the parking firm's own photo of the sign if the words are illegible and the £100 (or whatever) charge
is not in LARGE letters.
To find a relevant POPLA appeal written recently, always search the forum well, choosing good keywords.
So if yours is an APCOA PCN at an Airport, search the forum for the words 'APCOA POPLA Airport' and you will find a
good one like this, in seconds, that you can copy and adapt (these are deliberately long, to make a PPC give up):
And in the same vein, to find a UKPC POPLA appeal where no NTK was ever served to the keeper, a search finds this:
And here is a perfect, illustrated appeal which won when arguing about BPA Grace Periods:
https://www.dropbox.com/s/p7ltb9rcr6zy7kn/Appeal_stage2_POPLA_ECP_draft5.pdf?dl=0
THAT IS WHAT A WINNING POPLA APPEAL CAN LOOK LIKE, VERY LONG AND WITH IMAGES.
Another one, 26 pages long, with pictures - this won, Smart Parking gave up:
https://drive.google.com/file/d/1v_W_UseWdI_d_9WWMUfVecx0uDUYOwKs/view
ParkingEye (make sure you search it as ONE word as shown) can be best handled by searching for the relevant place
as a keyword, so 'ParkingEye POPLA Aire Street' or 'ParkingEye Tower Road POPLA' or 'ParkingEye POPLA
Hospital' would be good choices of keywords to find very recent examples.
ALWAYS look at the wording of any PCN from ParkingEye to see if it is a 'POFA/keeper liability after 29 days' one or
not. There are two versions - look on the BACK of your PCN!
As long as you have not said who was driving in the first appeal, if you are lucky enough to have one like the ''golden
ticket'' (nothing about POFA 2012 on the back) type of PCN discussed here:
This shows a ''Golden Ticket'' (our phrase only!) back page (note no paragraph about the POFA 2012):
http://i.imgur.com/ubQAZ8p.jpg
...then you *will* win your appeal using the template POPLA point about 'no keeper liability' from a PE non-POFA
type PCN, followed by the template point about the appellant not being shown to be the individual liable.
Here is a POPLA appeal you can copy & adapt, ONLY if you have a ParkingEye 'Golden Ticket':
This person (below) was not lucky enough to have the 'non-POFA' easily-winning version PE PCN but still won with
this PE POPLA appeal so it is certainly possible and PE do not like the very long 'throw the kitchen sink at it' approach
to POPLA appeals and often give up:
I have only shown a few links as examples of POPLA appeals because they change and evolve. Searching will find the
most recent similar example; do not use one older than 2017. Do not look at old ones about 'no GPEOL' or no loss
because that's not going to win.
Easier than it sounds because we now have a number of POPLA appeal points covering the essential areas for
appeal. They are in 'near template' state, but will need to be checked first against the circumstances of your
parking event.
These are long on detail and when put together form a formidable block of text, deliberately so to scare off some
PPCs who cannot be bothered to contest (fairly common).
Signage (I deliberately go to town in this section, don't cut it down!):
http://forums.moneysavingexpert.com/showpost.php?p=71285691&postcount=2341
- The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the
charge
Landowner Authority
No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of
Practice
No Keeper Liability (windscreen ticket, no follow on NtK)
Example for cases where the PPC issued only a windscreen PCN but did not follow it with a NTK:
Permit car parks (residential 'own space' appeals, or industrial/employer car parks where the car was permitted):
And two appeal points to use together (as well as some of the above, of course) for PERMIT car parks where you
were loading/unloading or permitted to be there:
You can copy them verbatim and put them together and show us, to check nothing is missed. Like these two posters
did, one is v Civil Enforcement and one v ParkingEye:
A ParkingEye appeal is 100% winnable with that style PCN as long as you do NOT shoot yourself in the foot first by
saying who was driving.
Here are two POPLA appeals I wrote (specific to a ParkingEye car park/machine issue and PCN):
Duncan Nimock's case:
https://www.dropbox.com/s/lukk13xep4s6ckz/Appeal%20v%20ParkingEye%20-%20POPLA%20November
%202016.docx?dl=0
marganne's case:
https://www.dropbox.com/s/rzau2e68ddbniow/ParkingEye%20Aire%20St%20POPLA%20appeal.docx?dl=0
These then get saved as PDFs and uploaded to POPLA under OTHER (ONLY) - do not think you only have 2000
characters in some box on the POPLA wepage!
http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process.html
****************************
AFTER SUBMITTING YOUR POPLA APPEAL:
If the PPC contests the POPLA appeal, they will put on the Portal (and maybe also send to you) their POPLA evidence
pack. It is NOT from POPLA not the decision!
This is your chance to comment on the crappy evidence from the scumbags.
YOU REALLY MUST COMMENT, BUT KEEP IT VERY CONCISE TO FIT COMMENTS IN THE PORTAL.
How can I comment on the evidence sent to POPLA, they've written a lot and shown lots of pictures of signs?!
Look through the evidence and find things to rebut - such as the signage being unclear, illegible, sparse/nothing to
show how close the car was to a sign.
Or the witness statement/contract being heavily redacted, out of date, not signed by the landowner, or even just that
it shows no expiry date (POPLA seem to like that).
Your comments are to rebut the operator's case, blow by blow.
Do not re-write your appeal or call it 'an appeal' or POPLA will not read it.
Examples of evidence 'comments' here:
What will likely happen in the end, re my POPLA appeal?
Read the 'POPLA Decisions' sticky thread now; read it from the LAST post backwards, for recent wins. POPLA and
the importance of rebutting the evidence in a final email to POPLA, is discussed here in the second half of this post:
http://forums.moneysavingexpert.com/showthread.php?p=68548048&highlight=#post68548048
Do you have to pay of you lose at POPLA? No!!
******************************************************************************
The 'IAS' offered by IPC companies is considered far worse than POPLA.
It is named and shamed on forum posts regularly as a 'kangaroo court' because even a strong appeal loses in almost
every case. The IAS favours the parking firms and expects a mountain of evidence from the appellant. Do not use
mitigating circumstances.
HO87 explains the problems with the IAS anonymous and apparently unaccountable appeals system here:
and this is typical thread where we've discussed the issue; all agree it appears to be a 'kangaroo court':
Here I explain my reasons why I don't recommend trying the appeal at IAS stage, except in very rare cases where you
have a slam-dunk winning point:
However, if it's a lease/hire car and a NTK went to the hire firm first, you CAN potentially win at IAS by cribbing from
this IAS win wording:
DO NOT, REPEAT DO NOT PAY £15 FOR THE 'BINDING' IAS VERSION!
Please don't start a thread asking if you should appeal to the IAS unless you have very rare circumstances that might
make yours worth a try.
The answer is NO, do not try IAS at all.
As always, DO NOT OVERLOOK THE POWER OF A COMPLAINT TO RETAILER/LANDOWNER ABOUT THESE SCUM
FIRMS: http://forums.moneysavingexpert.com/showthread.php?t=4766249
SO GET COMPLAINING, EVEN IF THE PCN WAS FROM MONTHS BEFORE.
What will happen if I lose at POPLA or IAS?
It changes nothing, just takes you back to square one. It is not a reason to pay, even though the decision will tell you
to! Discussed here and in other threads you can find by searching this forum for 'lost IAS' or 'lost POPLA':
What happens would be:
- you will most likely (unless it's a very litigious PPC) just get a series of hysterical 'pay up or else' debt collector
letters, or maybe letters from the PPC themselves - see separate post about ignoring them, below. No need to panic.
or
- you might have to defend this if the PPC tries a small claim, and they might be buoyed by an IAS 'win' under their
belt to brandish. If that happens, see post #2 above about beating a claim!
What will happen if I do not bother with the IAS stage?
Same as the advice for those who lose. Don't pay.
Ignore debt collector letters as per post #4 of this advice thread - except to tell them in writing (keep proof of
posting/emailing) if you move house, to make sure you never miss court papers a couple of years later.
Come back and read post #2 if you get a small claim, which defendants coached here win 99% of the time.
'IGNORE THE DEBT COLLECTORS' STAGE
DO NOT PANIC!
CAN'T SAY IT ENOUGH, THIS IS NOT A FORUM FOR TALKING AD INFINITUM ABOUT DEBT COLLECTOR LETTER
CHAINS SO PLEASE SPARE US!!!
DO NOT START A NEW THREAD ABOUT DEBT COLLECTOR TEDIUM, PLEASE, JUST SEARCH AND READ WHAT'S
ALREADY BEEN SAID.
READ THIS CLICKY LINK (YES THE BLUE BIT, CLICK ON IT!)
Debt Collectors letters or threats of court? Thinking you may be too late to appeal?
You may get debt collector letters, e.g. 'Debt Recovery Plus' (also using trading names of 'PCS' and 'Zenith') or you
might have 'ZZPS' or even solicitor letter heading from 'Gladstones' or 'CST Law' which actually asks for payment to a
debt collector = a debt collector letter then!
THESE ARE NOT BAILIFFS, THEY CANNOT SEND THE BOYS ROUND! THIS IS JUST A LETTER-CHAIN YOU GET IF YOU
HAVE NOT APPEALED.
See this linked explanatory video which will help you to see it for what it is and say 'big deal' about the letters:
LINK: Is a debt collector the same as a bailiff? - StepChange...
All the blue wording below includes a link for you to click about the stupid debt collectors so click on the name:
If you have letters from any debt collector such as Debt Recovery Plus or Zenith and are on the face of it, too late to
'appeal', then ignore them.
Certainly NEVER ring them!
IF YOU REALLY WANT TO WASTE HOURS ON IT THEN PLEASE NO NEW THREAD, JUST SEARCH THE PARKING FORUM
FOR THEIR NAME AND MAKE A CUPPA AND READ ALL ABOUT THEIR SILLY LETTER CHAINS, AND TOTALLY IGNORE
THEM. THAT'S ALL. KEEP ALL THE LETTERS IN CASE IT BECOMES HARASSMENT, OR IN CASE THE PPC EVER TRY A
SMALL CLAIM.
COMPLAINTS (AND COMMON ACRONYMS EXPLAINED):
Always complain to the landowner/retailer very quickly and assertively:
Successful complaints about private parking tickets - how to get them cancelled!
Look how easy it can be to get these cancelled by a retailer/hotel/landowner!
Most fake PCNs can be cancelled if it is a retailer car park, simply by COMPLAINING! If you go for the complaint
assertively and quickly you won't even have to bother with any of the above appeals/POPLA stuff!
Look at the linked thread above - I have given typical contact emails in post #3 - for stores, and tips about who to
moan at if it's not a shop on site. Also there's a template 'rant' of a complaint letter to give you the flavour of how
angry a customer is entitled to be about this utter harassment, particularly if your only error was taking too long
shopping!
Retail Park with lots of stores? Google it and find the management or landowner contact details.
****************************************************************************************
Complaining about an AOS member (BPA or IPC member, anywhere in the UK):
Contact details for complaints to the BPA or IPC (as applicable to your PPC) and the DVLA below.
These are useful resources to influence getting parking charges cancelled, such as when an AOS member has not
followed POFA 2012 but is still alleging the keeper is 'liable' or if their signage is missing or if they refuse to give you a
POPLA/IAS code, or have clearly breached their applicable Code of Practice:
DVLA:
Complain every time to the DVLA if your PPC are faffing around not sending you a POPLA or IAS code even if you
appealed in time, or have breached the Code of Practice.
Point out that any breach of the Code of Practice the PPC is signed up to, breaches the KADOE contract to get DVLA
data. State that the matter has been escalated to the CCR team because you have no confidence in the data release
team to take such a complaint seriously as it's in the public domain that they have dismissed these issues far too
many times recently without so much as even supplying a copy of the DVLA complaints procedure leaflet. State that
if your complaint is not resolved properly your intention would be to involve your MP and refer the issue to the
Parliamentary and Health Service Ombudsman:
emails to copy in, for the DVLA Customer Complaint Resolution Team:
CCRT@dvla.gov.uk
KADOEservice.support@dvla.gov.uk
complaintsTeam@dvla.gov.uk
*************************************************************************
Some forum acronyms explained (REMEMBER THAT SOME OF THESE WILL NOT MEAN ANYTHING OUTSIDE OF THE
FORUM)
AOS = Approved Operator Scheme of an Accredited Trade Association such as the BPA (or the new one, the IPC).
AoS = Acknowledgement of Service (of a claim form). See the second post for the link showing how to acknowledge a
claim.
ATA = Accredited Trade Association (like the BPA or IPC, that means AOS members can get your DVLA data).
BPA = British Parking Association, merely a Trade Body for its member PPCs (not a regulator & not on your side,
however you can use them to complain).
DPO = Data Protection Officer. Send a SAR to the 'DPO' for all data - check their Privacy page.
IAS = a 2nd stage 'SO CALLED independent' appeal service, applicable in England/Wales for IPC AOS members only.
Pointless.
IPC = International Parking Community - merely a Trade Body for its member PPCs (not a regulator & not on your
side).
LBCCC/LBC/LBA = Letter Before County Court Claim/Letter Before Claim/Letter Before Action.
MCOL = Money Claim Online - Google it!
NTH = Notice To Hirer (if you are the hirer/lessee, e.g. hired or company cars). Easy to win!
NTK = Notice to Keeper which should be the first letter sent to the registered keeper. See below for how to appeal if
in England/Wales.
POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts).
PPC = our forum shorthand only, for 'private parking company'.
POFA 2012 = Protection of Freedoms Act 2012 (specifically Schedule 4 as linked below). England/Wales ONLY.
POPLA = Parking on Private Land Appeals - a 2nd stage 'independent' appeal service, applicable in England/Wales
and for BPA AOS members only.
SAR = Subject Access Request, under the GDPR (data protection law), as discussed here:
https://forums.moneysavingexpert.com/showthread.php?t=5849784
WS = Witness Statement. See post #2. If you have a claim, you must file a Witness Statement (and your evidence and
exhibits) before the hearing, as well as the initial defence statement.

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HOW TO BEAT A PRIVATE PCN: BY APPEAL, COMPLAINT, OR DEFENCE.

FAQS FIRST. NO THREAD IS NEEDED IF YOUR QUESTIONS ARE:

Q - ''I don't understand any of your acronyms, this is too complicated!''

Q - ''I'm in Scotland/NI, so is the advice different?''

Always complain to the Retailer very quickly. This is 'Plan A' :

Appealing a private PCN

IPC members are different:

THE DRIVER IS NOT IDENTIFIED.

A SAR is free. Ask for (as a minimum):

The exception is PARKINGEYE

If it's a Hospital, urgently complain to PALS (Google it...).

So, where to start dealing with your claim?

DON'T SCRAWL A 'DEFENCE' ON THE PAPERWORK. STOP!

Here is a guide to MCOL, how to acknowledge service ('AOS'):

Here is a residential defence, by Johnersh, who is a solicitor:

What about ParkingEye defences?

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME!

WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE

COVID_19: 2020 TELEPHONE HEARINGS - Special advice:

SECOND STAGE APPEAL - POPLA OR IAS

POPLA IS OFFERED BY BPA AOS FIRMS

POPLA Appeals are submitted here:

Signage (I deliberately go to town in this section, don't cut it down!):

No Keeper Liability (windscreen ticket, no follow on NtK)

Duncan Nimock's case:

AFTER SUBMITTING YOUR POPLA APPEAL:

Your comments are to rebut the operator's case, blow by blow.

Examples of evidence 'comments' here:

What will likely happen in the end, re my POPLA appeal?

Do you have to pay of you lose at POPLA? No!!

The answer is NO, do not try IAS at all.

SO GET COMPLAINING, EVEN IF THE PCN WAS FROM MONTHS BEFORE.

What will happen if I lose at POPLA or IAS?

What will happen if I do not bother with the IAS stage?

Same as the advice for those who lose. Don't pay.

'IGNORE THE DEBT COLLECTORS' STAGE

Certainly NEVER ring them!

COMPLAINTS (AND COMMON ACRONYMS EXPLAINED):

Always complain to the landowner/retailer very quickly and assertively:

Look how easy it can be to get these cancelled by a retailer/hotel/landowner!

MCOL = Money Claim Online - Google it!

PPC = our forum shorthand only, for 'private parking company'.

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