ParkingEye PCN - Sea Road, Felixstowe

Hi everyone. I've received a £100 parking fine which seems really unfair, and I wonder if an appeal through POPLA would be successful - does anyone have any similar experience?

It's for a car park in Felixstowe by the beach. The car park does not have a physical machine and only allows payment via app. However, there was weak mobile signal in the car park, so the driver couldn't download the app to actually pay for the parking. As such, they left after 11 minutes and parked somewhere else down the road.

I've since got a parking fine through saying I as the registered keeper didn't pay for parking, with the car having been in the car park for 11 minutes (i.e., the time it took to walk around looking for a physical machine and to attempt to download the app). This feels extremely unfair, as you would think they would have some kind of grace period for these situations.

I appealed this via the private company who rejected it. They say they will reduce it to £60 if I do not appeal it. Is it worth fighting this through POPLA?

I'm not sure what evidence I could actually show for this, other than a bank statement showing the driver bought a parking ticket elsewhere on that date. Felixstowe is a long way from where I live, so I would rather avoid having to drive all the way back to take a photo of the signage in the car park if possible.

Please read http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and - in particular - post the documents requested and the text of your appeal.

See https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf to read about the “consideration period” which will be 5 or 10 minutes, not 11.

Fairness doesn’t come into it, you have to appeal on facts. The facts may be that the notice has technical flaws. Although Parking Eye’s are normally reasonably compliant.

Oh, and it’s not a “fine” it’s an invoice for payment under the contract entered into by the driver at the time. The driver is liable, but the liability can be transferred to the registered keeper if the provisions of the Protection of Freedoms Act 2012 are followed.

At face value I would suggest an appeal to POPLA based on 'no contract formed'.

You left after a consideration period after declining the contract.

Read the following document which is an open letter from the CMA to parking contractors;

https://assets.publishing.service.gov.uk/media/6a5784276d6d5c7e2845ca02/open_letter.pdf

Scroll down to paragraph 17 and read the section on consideration periods.

Please post up the original PCN, your appeal wording to PE and the PE response.

Please post up the original PCN, your appeal wording to PE and the PE response.
[/quote]

The original PCN: and

I didn't save my original wording before entering it into the PE appeal website, so can't provide that. I didn't know that was something important to save (my first parking ticket)

PE Response:

Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge incurred on 11 July 2026 at
11:58, at Sea Road, Felixstowe car park.
We have reviewed the details outlined in your appeal and can see that a payment to park
was made on the date of the event. Unfortunately, the tariff purchased was insufficient
and did not cover the entire duration of the stay. The terms and conditions and tariffs are
outlined on the signage which are on display throughout the car park.
We are writing to advise you that your recent appeal has been unsuccessful and that you
have now reached the end of our internal appeals procedure.
If you wish to have your case independently assessed, please be advised, there is an
independent appeals service (POPLA) which is available to motorists who have had an
appeal rejected by a British Parking Association Approved Operator. Contact information
and further information can be found enclosed. See also www.popla.co.uk
Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the
driver can appeal to POPLA (Parking on Private Land Appeals).
As a gesture of goodwill, on a without prejudice basis, we will reduce the parking charge
amount to £60.00 if paid within the next 14 days. If you appeal to POPLA, you will not be
able to pay the discounted amount in settlement of the Parking Charge, and the full value
of the charge will be outstanding. In addition, if your appeal to POPLA is unsuccessful,
you will no longer be able to pay the discounted amount and the full value of the charge
will be due.
A payment can be made by telephoning 0330 555 4444, by visiting
www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your reference
number on the reverse of any cheque/postal order so the payment can be allocated.
If you have received this correspondence via email, please allow 24 hours for our
systems to reflect the discounted value before making a payment via our automated
payment line or website.
Yours faithfully,

What you have posted appears not to be the original PCN - but does suggest it was attached, and that they couldn't have known you were at a different address?  So what happened here - how did you get the reminder?  Is (was) the V5C address incorrect?

Did you identify the driver when you appealed?

What you have posted appears not to be the original PCN - but does suggest it was attached, and that they couldn't have known you were at a different address?  So what happened here - how did you get the reminder?  Is (was) the V5C address incorrect?

Did you identify the driver when you appealed?

I suspect the V5C may have been my old address - I moved two years ago. I updated my driving licence to my current address and had assumed the DVLA would update everything else. Here's a link to the original PCN, cropped to avoid identifying information - is this enough?

I don't think I explicitly said who the driver was in the original appeal, but I can't say for sure. I can't find the original appeal text on the Parkingeye website and wasn't aware of this as a potential issue when I first appealed.

The appeal response suggests that some kind of payment was made - is this an error on the part of PE?

The appeal response suggests that some kind of payment was made - is this an error on the part of PE?

Yes, I believe so. There was no payment made for this car park. As I said earlier, the driver was unable to buy a ticket so left the car park. I’m assuming this is an error or some kind of automated rejection email

Need to see the whole PCN front and back - just put something over the name and address / reg number and PCN number.

POPLA appeal should lead on no contract formed as not parked / not able to make payment. With sight of the PCN there may be other appeal points.

Need to see the whole PCN front and back - just put something over the name and address / reg number and PCN number.

POPLA appeal should lead on no contract formed as not parked / not able to make payment. With sight of the PCN there may be other appeal points.

Sorry about the delay - we were on a family holiday. The whole PCN is at the links below






Is that helpful? What should be my next steps?

Now that there is further information your best course of action is to appeal to POPLA. It is a minimum of 5 minutes for a pay and display you will provide them with as much information as possible. Wait for the outcome if it was a beach car park and was very busy you can use this as additional support for the consideration period.

Make sure that the driver is not revealed in the appeal.

Read the following open letter from the CMA to the parking industry and then quote the relevant paragraph 20 in your POPLA appeal wording.

https://assets.publishing.service.gov.uk/media/6a5784276d6d5c7e2845ca02/open_letter.pdf

Paragraph 20 states;

However, our analysis of the sample of PCN appeal files shows that PCNs are
being issued to consumers who enter a car park and leave after 5 to 11 minutes
(e.g. 5 minutes and 32 seconds but more typically between 6 and 11 minutes).
These PCN appeal files include cases where it appears consumers are unable to
park because they cannot make payment for parking via the means available at
the site – for example, because of factors such as poor mobile phone signal,
broken payment machines, and/or being unable to find a parking bay that suits
their needs (such as designated Blue Badge parking).

Clearly point out that the drivers actions mimic exactly what is stated in the CMA letter.

Also quote paragraph 23 which states;

Operators should take note that the consideration period set out in the
Industry Code is a minimum and should not be interpreted as a hard cut-off.
Furthermore, operators should consider the factors in section 5.1 of the
Industry Code when allowing a consideration period of appropriate duration.
Operators should also ensure that all their internal processes, including
those relating to the issuing of PCNs and consideration of appeals, reflect
this approach.