10 PCNs from Parking & Property Management Ltd

[Popeye]

IAS delivered their "consideration" this evening and it is exactly as you predicted and expected, they have ignored all the evidence, none of which the "operator" was able to refute and they, IAS, have used the nonsensical and circular "evidence" submitted by the cowboy in charge of PPM:

This is the response they sent x 7

The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.

Parking Charge Number (PCN): A95339
Vehicle Registration: LO24ETD
Date Issued: 10/11/2025

Appeal Outcome: Dismissed

The Adjudicators comments are as follows:

"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

I am satisfied that the Appellant was parked in an area where the Operator has authority to issue Parking Charge Notices and to take the necessary steps to enforce them.

I have today determined the Appellant's appeal against PCN no. a95127, a95338, a95322, a95307, a95272 and a95213. Whilst each appeal is determined on its own merits, the Appellant appeals this PCN on the same basis as the aforementioned PCNs. Therefore my considerations are largely the same.

Images have been provided to me by the Operator which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site.

The terms and conditions of parking at this location are such that it is for the benefit of residents and visitors of Voyager House. Residents must be in possession of an e-permit at all times. Visitors must pay for their parking session. In the photographs provided to me I can see that the Appellant remained on the site from 06:25 on 9/11 to 08:47 on 10/11. In the data provided I can see that the Appellant's VRN was not registered for a valid e-permit on the date of the parking event (although an e-permit was registered from 2/12). It is the driver's responsibility to ensure that they conform with the terms and conditions of the Operator's signage displayed at this site. Mitigating/extenuating circumstances, including being a resident and paying for parking, cannot be taken into account. The Appellant appeals the PCN on a number of grounds. The first is that the NTH is not compliant with PoFA because it does not enclose the hire agreement and statement of liability; it only states that these are available and must be requested. The Appellant's assertion has no basis and is not accepted. I am satisfied that the NTH is compliant and that liability has been transferred to the Appellant as the hirer. Next, the Appellant claims to have rights under his tenancy agreement. The document provided does not set out an unrestricted right to park. Even if the Appellant did have an unrestricted right to park in his tenancy agreement, I am unable to allow the appeal on this basis. The Appellant is correct that a right in a lease would ordinarily have primacy, and the Operator could not unilaterally override this. however, by agreeing for his vehicle to be registered, with both the previous operator and the current Operator and take part in the car park management scheme, the Appellant has waived any rights they had to park without restriction. The Appellant cannot take advantage of the scheme when it benefits them and disregard it when it does not. As a resident who understood his vehicle to be registered with the previous operator, and as a genuine e-permit holder effective from 2/12/2025, the Appellant has my sympathy, but the guidance to appeal is clear that I may only consider legal issues not mitigating or extenuating circumstances. The Appellant argues that the fact he did not hold an e-permit on the date of the parking event was due to an administrative failure during the process of change over from the previous operator to the current operator. However, there is no evidence to support this and the Appellant's own evidence suggests that the failure was on the part of HCGB Property Lettings in not registering the vehicle in 2023 when they informed the Appellant that they had done so. If that is the case, the Appellant's recourse is to pursue HCGB in respect of this failure but this is not a factor I can take into account in this appeal. I note in the email that was sent to residents of Voyager House on 21/10 that residents were advised to contact the Operator directly to check that they hold the correct VRN and bay allocation for their property. The Appellant has provided no evidence of taking this step. As such, on the basis of the evidence provided I am satisfied that as the Appellant did not hold a valid e-permit on the date of the parking event that he was parked in breach of the displayed terms and conditions and therefore that the PCN was correctly issued on this occasion.

I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed."

edit: recap: 

what the "operator" submitted:

The operator made their Prima Facie Case 

The operator reported that...
The operator is seeking keeper liability in accordance with PoFA..
ANPR/CCTV was used.
The Notice to Keeper was sent on 11/11/2025.
The ticket was issued on 07/11/2025.
The Notice to Keeper (ANPR) was sent in accordance with PoFA.
The charge is based in Contract.

The operator made the following comments...
The appellant's vehicle remained on site for 19 hours 49 minutes without authority.

Signage clearly states that parking is permitted for residents and visitors to Voyager House. Residents must be in possession of a valid E-Permit at all times.

Visitor vehicles parking tariffs apply Monday to Sunday 24 hours per day

All resident / occupiers were given the below information

{{{ this is an email from the property management to residents and not a contract between the operator and residences }}We would like to inform you that the management of the car park / issuing and managing of the permit system is no longer handled by us. It has now been transferred to Parking and Property Management Ltd, who will manage and monitor the car park on our behalf. Parking and Property Management Ltd have been provided with the current list of parking bay allocations and vehicle registration numbers assigned to each bay.

Please contact them directly to:

• Confirm that they hold the correct car registration number and bay allocation for your property.

• Notify them if you change your vehicle or require an additional bay.

• Submit or follow up on any PCN (Parking Charge Notice) appeals or challenges.

• Any other enquiry related to obtaining a parking permit Kindly note that we no longer manage the car park and will not be able to act as an intermediary between residents and Parking and Property Management Ltd. Enforcement will commence on 28 October 2025.}}}

The exemption list document shows the vehicle was not added until 02/12/2025 {{it was added by them after a new property manager asked them why they hadn't done it before}}

The photographic evidence shows the vehicle entering and leaving the site.

The defendant believes the appellant is fully liable for the charge.

The appellant's vehicle remained on site for 19 hours 49 minutes without authority.
Signage clearly states that parking is permitted for residents and visitors to Voyager House. Residents
must be in possession of a valid E-Permit at all times.
Visitor vehicles parking tariffs apply Monday to Sunday 24 hours per day
All resident / occupiers were given the below information
HCGB We would like to inform you that the management of the car park / issuing and managing of the
permit system is no longer handled by us. It has now been transferred to Parking and Property
Management Ltd, who will manage and monitor the car park on our behalf. Parking and Property
Management Ltd have been provided with the current list of parking bay allocations and vehicle
registration numbers assigned to each bay.
Please contact them directly to:
• Confirm that they hold the correct car registration number and bay allocation for your property.
• Notify them if you change your vehicle or require an additional bay.
• Submit or follow up on any PCN (Parking Charge Notice) appeals or challenges.
• Any other enquiry related to obtaining a parking permit Kindly note that we no longer manage the
car park and will not be able to act as an intermediary between residents and Parking and Property
Management Ltd. Enforcement will commence on 28 October 2025.
The exemption list document shows the vehicle was not added until 02/12/2025
The photographic evidence shows the vehicle entering and leaving the site.
The defendant believes the appellant is fully liable for the charge.

My Response to Operator’s Prima Facie Case

No hirer liability can arise because the Notice to Hirer is non-compliant with Schedule 4 paragraphs 13–14 of the Protection of Freedoms Act 2012 (“PoFA”). The vehicle was authorised via the landlord’s managing agent before enforcement commenced and was associated with an allocated bay under a paid residential arrangement. The operator’s case rests entirely on the vehicle not appearing on its internal “exemption list” until December. That is an administrative issue within the control of the operator and/or its principal, not evidence of lack of authority.

Operator: “Seeking keeper liability in accordance with PoFA”

This is a hire vehicle case. Under Schedule 4 paragraph 14(2) PoFA, a Notice to Hirer must be accompanied by:

• a copy of the hire agreement;
• a copy of the signed statement of liability;
• a copy of the Notice to Keeper.

The Notice to Hirer dated 03/12/2025 (Exhibit 8) stated that the documents were “available upon request”. They were not enclosed. PoFA requires those documents to be served with the Notice. Later provision does not cure non-compliance.

The Notice to Hirer also invokes paragraph 9(2)(f), which applies to keeper cases, not hire cases. Accordingly, no statutory transfer of liability to the hirer has occurred. The operator may only pursue the driver. The driver has not been identified. This is determinative.

For completeness, the Notice to Keeper dated 04/11/2025 is exhibited at Exhibit 15. Compliance with paragraph 9 does not remedy failure to comply with paragraphs 13–14 in a hire case.

Operator: “Charge is based in Contract”

The vehicle was parked pursuant to a residential arrangement. Bay 47 was allocated by the property manager (Exhibit 2). Parking was offered and managed on a paid basis (£50 per month) (Exhibit 3), and payments are evidenced (Exhibits 6 and 7).

On 10 October 2025, the managing agent confirmed that the vehicle registration had been updated on the exemption/authorisation system: “This has been updated for you.” (Exhibit 1). This pre-dates enforcement commencing on 28/10/2025 (Exhibit 4).

A parking contractor cannot impose a new contract upon a paying authorised occupier using an allocated bay, nor convert internal administrative failure into a contractual breach.

Operator: “Vehicle remained on site … without authority”

Authority existed via the managing agent (Exhibit 1), and the bay was allocated and paid for (Exhibits 2, 3, 6 and 7). The operator provides no evidence that authorisation was withdrawn.

The operator’s circular dated 21/10/2025 (Exhibit 4) states that the operator had already been provided with “the current list of parking bay allocations and vehicle registration numbers” and that enforcement would commence on 28/10/2025.

The operator derives its authority at the site from that same managing agent, whose circular it relies upon to evidence the transfer of parking administration. The authorisation granted on 10/10/2025 (Exhibit 1) was issued by that same property management function. The operator cannot rely on that authority to establish its mandate while disregarding the same authority when it granted resident parking permission.

Further, on 02/12/2025 the operator updated its system following direction from the managing agent (Exhibits 10 and 11; system entry at Exhibit 9). The operator accepted and acted upon that instruction. If the managing agent had authority to direct the operator in December, it equally had authority on 10/10/2025 when authorisation was confirmed. The operator cannot accept that authority in December yet disregard it in October and characterise the intervening period as “unauthorised”.

If the operator’s internal records did not reflect existing authorisation, that indicates a failure in data transfer or internal processing caused by the operator or its client. It does not prove absence of authority.

Operator: “Residents must be in possession of a valid e-permit”

The signage (Exhibits 13 and 14) states that residents must possess a “valid e-permit” and that validated resident e-permit vehicles do not require payment. It does not state that authority is defined solely by reference to the operator’s internal database, nor that prior managing agent authorisation is void.

Given the written confirmation of update (Exhibit 1), allocated bay (Exhibit 2), and paid arrangement (Exhibits 3, 6 and 7), the vehicle fell within the class of authorised resident vehicles.

Operator: “Exemption list shows the vehicle was not added until 02/12/2025”

The screenshot (Exhibit 9) evidences only when the operator updated its internal record following intervention. It is not evidence that authority did not exist beforehand. Exhibit 1 directly evidences that the managing agent had already updated the exemption record on 10/10/2025. Any administrative failure in migration or data-entry sits with the operator and/or its principal. The hirer had no control over those processes.

Distinguishing ParkingEye Ltd v Beavis [2015] UKSC 67

This concerns a residential allocated bay under a paid arrangement. It is not a retail turnover case. The operator’s position is based on an internal record not reflecting existing authorisation. The legitimate interest reasoning in Beavis does not apply.

Conclusion

The operator has failed to establish hirer liability under Schedule 4 paragraphs 13–14 PoFA, failed to prove absence of authority, and failed to demonstrate any valid contractual breach. The appeal should be allowed and the charge cancelled.

Evidence Submitted

Exhibit 1 – Authorisation to Park Email Whitelist Confirmation 
Exhibit 2 – Bay Allocation Email 
Exhibit 3 – Parking Offer Email 
Exhibit 4 – Managing Agent Circular Confirming Transfer of Parking Management 
Exhibit 5 – Tenancy Agreement
Exhibit 6 – Rent and Parking Payments Evidence 
Exhibit 7 – Rent and Parking Payments Evidence 
Exhibit 8 – Notice to Hirer (PCN xxxxx)
Exhibit 9 – Exemption List Screenshot Showing System Entry Date 
Exhibit 10 – Email to Managing Agent Escalating Parking Issue 
Exhibit 11 – Email from Operator Confirming Vehicle Registration on System 
Exhibit 12 – Call Log Evidence
Exhibit 13 – Site Signage Photograph 1
Exhibit 14 – Site Signage Photograph 2
Exhibit 15 – Notice to Keeper (PCN xxxxx)

I expect debt claim letters to follow soon, which I intend to ignore as suggested but could I initiate legal proceedings and get this resolved sooner or shall I wait and let them start a claim? And should I also seek help from my MP, his office has been really good with other issues in the past.