09-18-2026, 02:20 PM
(09-08-2026, 09:23 PM)b789 Wrote: Yes, that's good enough. However, no initial appeal is ever successful, no matter how well pleaded. When you receive the appeal rejection, show it to me and I will advise further on how to proceed.
This is easily defended using the Jopson v Homeguard precedent.
Hi b789, me again!
I have received the result of the appeal and predictably received a rejection. The rejection is as follows:
"Thank you for your appeal against the above Parking Charge Notice.
At Parking Control Management (UK) Ltd, we consider all appeals on a case-by-case basis, taking into account all relevant information and evidence, including your submissions. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.
The decision to uphold your parking charge notice has been made on the following basis:
The vehicle was parked in a manner that contravenes the terms and conditions for the use of the private land on which it was photographed. These terms and conditions are clearly stipulated throughout the area and upon review, the operator is confident that the Parking Charge Notice (PCN) was correctly issued, in line with these signs.
On this occasion, the vehicle was parked in an area for permit holders only.
The advertised contractual terms require drivers parked in this area to have their vehicle registered for a valid virtual permit. This is clearly outlined by signage and the onus is on the driver to ensure compliance with the terms. I can confirm that the vehicle in question did not have a valid virtual permit registered at the time of enforcement.
You claim to be ‘stopped’ opposed to ‘parked’. This is not accepted. The Private Parking Sector Single Code of Practice defines “parked” as “a vehicle being stationary other than in the course of driving” and further specifies that “a vehicle may be deemed to be parked whether or not the driver has left the vehicle and/or turned the ignition off”. In this case, it is clear that the vehicle was parked.
It has been noted that you are appealing the charge as the keeper of the vehicle and are not prepared to name the driver. Under Schedule 4 of the Protection of Freedoms Act 2012 (‘the Act’), Parking Control Management (UK) Ltd may seek to recover unpaid parking charges from the registered keeper of the vehicle. The conditions of the Act have been satisfied and as, to date, the full name and “address for service” for the driver have not been provided, we reserve the right to exercise our right to purse you, as the keeper.
It can be assumed until proved otherwise, that the keeper of the vehicle is the driver. This is a reasonable assumption. The keeper has refused to name the driver, as is their right, but the case of Eliot v Loake makes it clear that in the absence of sufficient evidence to the contrary the keeper is assumed to be the driver.
Ultimately, while we appreciate the circumstances you have outlined and appreciate that this is not a situation anyone would like to find themselves in, the terms and conditions for the use of the land have been put in place to ensure fair usage for all motorists and support the needs of our client. We are confident that these conditions are clearly communicated to all motorists by way of the signage and that this signage fully complies with industry standards.
Either due to the reason for issue and/or the insufficient evidence provided to support the details of your appeal, we have considered this PCN and found that it does meet the criteria outlined in the Appeals Charter under Annex F of the Private Parking Sector Single Code of Practice. Therefore, if no further evidence is provided, we will deem this to be our final decision.
You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both."
What do you think my next step should be? And in your opinion, do you think I should just pay or is it worth appealing?
Kind regards
