Appeals and Challenges

 

 

To appeal/dispute a Parking Charge Notice, please click the "Make an Appeal" button at the bottom of this page you can also submit payment/general queries using the make an appeal form.

Once you have completed the form and clicked to submit, an automatic receipt will be generated (please print or save for future reference). Please also attach any supporting information, i.e. a receipt to prove expenditure at the location, any pay and display parking tickets, permits etc. If you are wishing to appeal/dispute a parking charge notice please do not pay the parking charge notice as this will automatically close the parking charge notice as settled and full payment been received. Only pay your parking charge notice if you have no intention of disputing the charge at a later date. Please note your parking charge notice will not esculate from the amount stated on the ticket/letter (whichever is applicable) until a decision is reached on the outcome of your appeal.

We are experienced in handling parking related appeals/queries and each appeal is individually assessed by a trained assessor. All appeals are based on whether a vehicle was or was not parked in contravention of the local parking terms and conditions.  These terms are displayed on all sites. We normally respond with decisions to all appeals within 35 days of submission.       

Please note that we cannot take appeals/challenges by way of a telephone call please ensure you complete the make an appeal form or submit your appeal in writting to the Appeals department Shield Security servcies (Yorkshire) Ltd, 7 Earls Court, Priory Park East, Hessle, HU4 7DY   

Please refer to Q&A Below or click the know your rights icon on this page for further information 

 

Motorist Information Q&A

Why have I received a parking charge notice?

The car parks under management by Shield Security Services (Yorkshire) Ltd have clear terms and conditions for parking, as detailed on the signage within the car parks. If the terms and conditions for parking are breached, i.e. overstaying a free period, not paying for your parking etc., a Parking Charge will be issued. If you feel the Parking Charge has been incorrectly issued, we will gladly consider any appeal.

How to appeal a parking charge notice?

To appeal against a Parking Charge notice, complete an appeal in writing and post  to Parking Appeals Department, 7 Earls Court, Priory Park East, Henry Boot Way, Hull, HU4 7DY giving the reasons for the appeal and enclosing any supporting information, i.e. a receipt to prove expenditure at the location, a parking ticket etc.

Alternatively you can now use our online appeals procedure found on our appeals section of the website. Please ensure you complete the appeal accurately to enable us to deal with your appeal.

Will the parking charge increase if I lose my appeal with POPLA?

You will have already lost your right to the early payment discount offered by Shield Security Services (Yorkshire) Ltd and be liable for the full cost of the parking charge notice. If your appeal is refused, in order to avoid any further action you should pay the full parking charge within 14 days. Do not send any payment to POPLA.

Do i have grounds for appeal?

The vehicle was not improperley parked: Eg the vehicle was not parked where stated on the parking chare notice: that you believe you were still within the time frame you had paid for (pay and display areas): the pass or permit was displayed properly within the vehicle.

don't forget you can view photographic evidence of the PCN issued on our website by going to the got a parking ticket section.

The vehcile was stolen: eg. The vehicle was improperley parked after it had been stolen. However this does not include occassion where a vehicle that is registered to you is been driven by someone else at the time a PCN is issued. 

The fact you informed the driver that they could only use the vehicle if they did not incur any charges does not count as a valid reason for appeal.

This is also the case if you fail to contact the DVLA and inform them of a change of address of ownership of the vehicle at the the time the PCN was issued. 

You think you are not liable for the parking charge notice:eg. That you sold the vehicle or bought after the elleged offence. if you feel this is the case you must ensure you provide supporting documents to prove this.

You were not the driver of the vehicle at the time: You must ensure you provide the full name and address of the person driving the vehicle if different to the keeper of the vehicle. Failure to do so will result in the keeper being responsible for the charge.

I am a Blue badge holder surely I am exempt from private parking rules?

The Department for Transport's Blue Badge scheme for the disabled driver allows for holders of the permit to park in certain restricted areas for up to three hours (areas and times may vary, depending upon the local authority). This concession applies to the public highway only, and is not relevant on private land. Whilst some landlords do provide preferential parking for blue badge holders, this parking is generally subject to the same terms and conditions as found elsewhere on the car park, and is sometimes charged for on the same tariff as other users of the car park. To avoid confusion, you should always check the terms.

Why have the DVLA provided Shield Security Services (Yorkshire) Ltd with registered keeper details?

Registered keeper details are provided to Shield Security Services (Yorkshire) Ltd by the DVLA when a vehicle has been parked in breach of the Terms and Conditions of a private car park.  In order to be able to request this information Shield Security Services (Yorkshire) Ltd is a member of the British Parking Association's Approved Operator Scheme.

I wasn’t the driver therefore I will not be paying the parking charge notice?

Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states for parking events in England & Wales that the operator must inform the registered keeper that the driver of the motor vehicle is required to pay the parking charge in full. It also notes that, as the operator does not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator of the name and current postal address of the driver and pass the notice to them.

The Act also warns that if, after 29 days, the parking charge has not been paid in full and the operator does not know both the name and current address of the driver, they have the right to recover any unpaid part of the parking charge from the registered keeper. This warning is given under Paragraph 9(2) (f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to the operator complying with the applicable conditions under Schedule 4 of that Act.

How can the charge be enforceable if there is a reduction for early payment?

The offer to reduce the charge for the first 14 days is not indicative of the fact that it should be considered a penalty. As a matter of practicality there are many commercial situations where a discount is offered for the early settlement of a contractual claim.

Why is car park Management Required?

Shield Security Services (Yorkshire) Ltd manages car parks for landholders to ensure that motorists are paying for their use of parking spaces, as renting parking spaces is a business like any other, or that free time limits are being adhered to, which are commonly used by retailers to ensure that there is a regular turnover and availability of parking spaces for their genuine customers. Shield Security Services (Yorkshire) Ltd ensures that the car park terms and conditions are adhered to and that the parking spaces are used correctly. Car park abuse is detrimental to landholders, and Shield Security Services (Yorkshire) Ltd provides a service that ensures the efficient and regulated use of car parks.

What will happen if I do not pay my parking charge notice?

Unfortunately Shield Security Services (Yorkshire) Ltd have to issue County Court Claims each month to recover unpaid Parking Charges - Take appropriate action and do not ignore the Parking Charge.

Does Shield Security Services (Yorkshire) Ltd have a fair appeals procedure?

Shield Security Services (Yorkshire) Ltd has gained a vast amount of experience over years of handling parking related appeals.  It goes without saying that each appeal is individually assessed by a trained appeals assessor, who will review not only the site rules, but will apply a common sense approach – We are all human after all. Please note we do not accept appeals or complaints via Phone or email.

How long does it take for me to find out the outcome to my appeal?

Shield security services (Yorkshire) Ltd have 14 days from the date they receive your appeal to send an acknowledgement to your appeal been received. At which point the ticket will be frozen at the value the ticket was on the date you sent your appeal to Shield security services (Yorkshire) Ltd we then have 35 days from the date we acknowledgement to your appeal to provide you with an appeal outcome.

What is POPLA and when does it apply to me?

The Protection of Freedoms Act 2012 also introduced the concept of 'keeper liability' for vehicles parked on private land. However, for this, there had to be an independent appeals service, provided by funding from the parking industry. That independent service is known as Parking on Private Land Appeals or POPLA.

Assessors at POPLA determine appeals from those who have been issued with parking charge notices, in respect of vehicles parked on private land. The motorist must first have made their case (‘representations’) to the operator who issued the parking charge notice and have had their representations rejected.

POPLA is independent of all parties to appeals, including the operator and the British Parking Association, as are the Assessors who make the determinations.

Does Shield security Services (Yorkshire) Ltd have the authority to issue parking charges?

Shield Security Services (Yorkshire) Ltd can confirm that it only operates on sites that are situated on private land, are not council owned and that Shield Security Services (Yorkshire) Ltd has written authority to operate and issue Parking Charge Notices on all of its sites from the landowner. 

It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party.

How was a contract formed with the driver?

The Parking Charges issued for and on behalf of the landowner are levied on the basis of a contract with the motorist, set out via the signage at the site. The signage sets out the conditions under which a motorist is authorised to park, be that by payment of the appropriate paid parking tariff or by parking within a limited stay period or similar, and that a Parking Charge will be payable, if the conditions are not met. We ensure signage is ample, clear visible and in line with the BPA (British Parking Association) Code of Practice to ensure the motorist is bound by them when they enter and remain at a client site, so that all users of the site are obliged to follow these rules.

Case law, which has been tested in court, such as Vine v London Borough of Waltham Forest [2000] proves particularly useful in respect to the creation of a contract with the driver. This is again reiterated in Section 7.1 of the Department of Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012. This provides strong evidence that if the signage and terms and conditions are sufficient it will be considered that the driver has entered into a contract to park on the land.

Is the Parking charge Enforceable, is it a penalty?

Shield Security Services (Yorkshire) Ltd does not issue or collect Penalty Charges, fines or Excess Charges which are only relevant to on-street or civil enforcement area and enforced by police/traffic wardens or council civil enforcement officers under the Traffic Management Act 2004 or the Road Traffic Acts. This legislation is not applicable on private land. We can confirm, however, that Shield Security Services (Yorkshire) Ltd has the authority to issue and enforce Parking Charge Notices, for contractual breach and may enforce any unpaid parking charge by means of a county court judgement s if required to do so. 

Is the parking charge fair and reasonable?

Shield Security Services (Yorkshire) Ltd firmly believe that its Parking Charges are fair and reasonable, Shield Security Services (Yorkshire) Ltd Parking Charge notices are issued in line with the British Parking Association guidelines, and have been tested at the Court of Appeal.

A charge of £85 was found to be reasonable and justifiable in the ParkingEye v Beavis & Wardley [2015]. "The charge in this instance is fair and reasonable, not extorbitant and enforceable on the same basis"

all our parking charge notices fall within this charge rate however further charges may be incurred if the charge is not paid within the time frame specified on the signage throughout our enforcement sites or the letters sent to the keeper of the vehicle.

Shield Security Services (Yorkshire) Ltd. (4464684) | 7 Earls Court, Henry Boot Way, Priory Park East, Kingston Upon Hull, East Yorkshire HU4 7DY
t 01482 300833 f 01482 300822 e sales@shield-security.co.uk