Below you will find our template appeal letter. The letter can be used for the first stage appeal to the parking company in response to a parking charge notice.
Please note, this appeal letter is designed for tickets issued by companies who are members of the British Parking Association (BPA) Ltd’s Approved Operator Scheme (AOS). Typically they will have a BPA logo on the sign (see picture, bottom right) or parking ticket. You can also check if they are a member using the list on the BPA’s website.
The private parking company (PPC) as a member of the BPA Ltd will without exception seek to recover the amount of money claimed on the parking ticket under the provisions of Schedule 4, Protection of Freedoms Act 2012 (PoFA).
From this point onwards therefore we shall no longer incorrectly refer to it as a parking ticket but will now give those notices their correct titles as defined in PoFA.
- A ‘Notice to Driver’ (NTD) a ticket placed on the vehicle at the time of the alleged incident
- A ‘Notice to Keeper’ (NTK) a ticket sent/received via the postal system
If the parking operator uses parking attendants, then they will place an NTD on the car at the time of the incident. If this is not responded to, then they will request the keeper’s details from the DVLA and issue a NTK. If the parking operator uses ANPR cameras to identify parking incidents, then they will only issue an NTK. This appeal letter should be used once you have received the NTK. If you receive an NTD, then we would recommend you should ignore and wait for the NTK to be issued.
Under PoFA , the amount of money claimed on the NTD/NTK is referred to as a ‘Parking Charge’ and the ‘Parking Charge’ is simply defined as ‘a fee or a charge’.
OK, so that’s some of the basic house-keeping sorted, let’s move on – so why have we produced this challenge letter? Well, when Schedule 4 of the Protection of Freedoms Act 2012 was enacted, the Secretary of State for Transport reserved to himself powers to make regulations to specify not only what must be said in a ‘Notice to Keeper’ but also what evidence should be provided. He said:
“The purpose of this power is to leave flexibility to mandate the specific evidence which must accompany a notice to keeper if it becomes clear that creditors are attempting to recover parking charges without providing keepers with sufficient evidence to know whether the claim is valid”
You therefore have every right to question exactly what it is that the PPC is alleging against you, it’s legal capacity to do so, and the amount being claimed. In this template letter we have tried to flag all of the potential issues that you may use to challenge a NTK issued for an alleged contravention whilst parked on private land.
- This does not constitute legal advice
- The site owners take no responsibility for the use you make of the letter, which is provided merely as a basis to help you prepare your own letter
- You must customise the letter to your particular circumstances
- Under no circumstances should you make any dishonest statements
- Keep copies of all correspondence