Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: bam369 on July 22, 2025, 07:04:39 pm
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The Keeper cannot be liable and neither can the driver. They have no idea who the driver is and the Keeper is under no legal obligation to identify the driver to an unregulated private parking company.
Contacting the Starbucks is not going to work because they were closed and you were not a customer and so they really don't give poop whether you got a ticket for using their car park. I wouldn't even bother trying.
The ONLY liable party is whoever was the driver when they entered the car park. Of course, ParkingEye have no idea of the drivers identity unless the Keeper blabs it to them, inadvertently or otherwise. Only the Keeper can appeal this.
There must be a MINIMUM of 5 minutes consideration period for a contract to have been formed by conduct. Therefore it is unlikely that a contract was even formed with the unknown driver.
I advise you to appeal this. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. ParkingEye has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. ParkingEye have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Come back when they reject the appeal. No initial appeal is ever successful but they will be required to provide a POPLA code for a secondary, supposedly independent appeal.
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Lets not appeal just yet and absolutely do not admit to being the driver - should what I'm about to suggest not work, Parkingeye not knowing the driver will mean you don't pay them a penny.
By far the most hasle free route to getting this cancelled is calling the store and asking for a manager. Explain the circumstance, the PCN in itself proves you were there for about the right amount of time to change drivers. Hopefully they will understand. If they do agree to cancel it, ask for an email address so it can be put in writing as proof in case you need it.
From a quick google, this is the one you parked at. Their number is listed on the website - https://www.starbucks.co.uk/store-locator/20857
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Ahh thank you, sorry I missed that guide. Will repost properly
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It’s not a fine, it’s a speculative invoice, but please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and, in particular, post the front of the notice without redacting dates and times.
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Hello all,
I'm hoping someone will know if I stand any chance of appealing a parking charge notice.
The charge is from the Starbucks in Tewkesbury off the A46. Pulled in for 5 minutes, drivers swapped, didn't notice the signs, and as it was right by a petrol station assumed it had the same rules as a services, ie didn't think you could be charged for anything as little as 5 minutes, so didn't bother looking when there.
This was a journey home from a trip away, so I can't go back to the site and check the signage now.
I've attached the letter and the T&Cs.
Many thanks in advance.
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