Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: txl08 on August 14, 2025, 04:45:18 am

Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 02, 2026, 05:22:29 pm
Before going further, who is who here?

You refer to 'your' defence, but previously you have stated clearly that you are not the keeper.

Do you have the, now, Respondent's signed authorisation to act on their behalf? I got the impression in earlier posts that you were just 'winging it' and signing as the keeper. That might have worked with PE, but these are now legal proceedings and who's who must be clarified IMO.

Correct, I am not the keeper. The keeper/respondent is a relative. Up to now I have helped them with the responses/appeals and obviously written the defence above. They are in agreement with this, I haven’t got written authorisation but can get it. I didn’t see any option to declare this on the court response other than a ‘legal representative’ which I took to mean a professional, so yes just signed it as the keeper with their knowledge and consent. From my reading on the forum it’s possible to have a friend/relative (I.e. me) act on the respondent behalf at the mediation call. Please correct me if I’m wrong, I’m a bit out of my depth with all this.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: tincombe on August 02, 2026, 05:08:06 pm
Before going further, who is who here?

You refer to 'your' defence, but previously you have stated clearly that you are not the keeper.

Do you have the, now, Respondent's signed authorisation to act on their behalf? I got the impression in earlier posts that you were just 'winging it' and signing as the keeper. That might have worked with PE, but these are now legal proceedings and who's who must be clarified IMO.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 02, 2026, 04:09:44 pm
You have to file a defence or AoS by 20 July.
If you file AoS you have until 3 August to file a defence.

Do not use a boilerplate/template defence, instead construct something which responds to the stated Particulars of Claim (woeful) and specifics to your case and builds on the appeals you have already constructed.

DCB Legal will almost certainly discontinue rather than paying the court fee, but that’s some way down the line and your research will have shown you what’s involved between now and then.

It’s DCB Legal who is handling this, not Parking Eye. Of course Parking Eye is the claimant, but they’ve farmed the work out to DCB Legal.

Hi, I've posted my propsed defence upthread which I need to submit by tomorrow I'd really appreciate and be reassured by any feedback you can give on what I've posted.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 02, 2026, 04:06:27 pm
Original PCN images

(https://i.ibb.co/rf36KjyH/IMG-6504.jpg)

(https://i.ibb.co/Y74dXdj9/IMG-6505.jpg)
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: InterCity125 on August 02, 2026, 07:35:28 am
Yes, please post up the PCN.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 01, 2026, 10:15:59 pm
I need to submit a defence imminently, I'd really appreciate it if someone could look over the defence I've drafted above and let me know if it's ok. I have no idea.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 01, 2026, 10:11:45 pm
I would immediately send a Subject Access Request to PE requesting all info including the original PCN.

Hi I have had a response to the subject access request which includes the original PCN. Should I post it here?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on July 29, 2026, 09:56:15 pm
Hi, please could someone advise if the defence posted above looks ok to submit?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on July 10, 2026, 03:58:58 pm
I would immediately send a Subject Access Request to PE requesting all info including the original PCN.

OK will do.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on July 10, 2026, 03:57:22 pm
Here is my defence, based on previous appeals. Please can you let me know if it's any good?

1. Preliminary & Clarification of Parties
The Defendant is the Registered Keeper of the vehicle with registration mark [].

The Defendant denies that the Claimant is entitled to the relief claimed, or any relief at all.

2. Response to Particulars of Claim
Paragraph 1 & 2: Lack of Service & Contradictory Timelines
Paragraphs 1 and 2 are denied. The Claimant states the date of the alleged contravention was 12/07/2025.

The Claimant asserted in subsequent correspondence that the first postal communication was issued on 16/07/2025. However, the Defendant never received any such original Notice to Keeper (NtK).

The only document received by the Defendant was a "Reminder Notice" dated 25/07/2025. The Claimant is put to strict proof to reconcile their administrative timeline and demonstrate that a compliant original NtK was lawfully served.

Paragraph 3: Driver Liability & Signage
Paragraph 3 is denied. The Defendant was not the driver of the vehicle at the material time and is under no legal obligation to identify the driver to a private entity.

It is denied that any "prominently displayed terms" were breached. The signage at this location is restrictive, ambiguous, and contractually void (see Section 3 below).

Paragraph 4: Keeper Liability under PoFA 2012
Paragraph 4 is denied. The Claimant has failed to satisfy the strict statutory requirements of the Protection of Freedoms Act 2012 (PoFA), Schedule 4 to transfer liability from the driver to the Registered Keeper.

Under PoFA Schedule 4, paragraph 9(5), a mandatory 14-day window applies for the service of a Notice to Keeper where no parking ticket was given on the vehicle.

The Claimant is put to strict proof that an original, compliant NtK was generated and actually entered the postal system via independent evidence (e.g., a Royal Mail certificate of posting or franking manifest) to establish the presumption of service. A mere system printout or log from the Claimant's own database does not suffice. Without this, keeper liability cannot apply.

3. Substantive Defence Points
A. Breach of the Equality Act 2010 & Single Code of Practice
The vehicle was utilizing a designated disabled bay late in the evening to set down/collect a disabled occupant.

Under Sections 4.1 and 4.2 of the Private Parking Single Code of Practice (PPSCoP) and the Equality Act 2010, parking operators have a strict statutory duty to make reasonable adjustments. This includes ensuring terms are visible at a lower/wheelchair-accessible level from disabled bays and ensuring clear guidance exists regarding concessions or additional time.

No readable terms or payment/registration terminals were visible or accessible from the disabled bay in question. Expecting a disabled motorist to navigate away from the bay to a remote, unlit, or inaccessible "reception" terminal constitutes unlawful indirect discrimination.

B. Uncertainty of Terms ("0 hours 0 minutes" Max Stay)
The Claimant’s paperwork dynamically states that a charge is triggered if a vehicle remains longer than a "0 hours 0 minutes max stay time".

A contractual term dictating a maximum stay of zero minutes is absurd, structurally impossible to comply with, and void for uncertainty.

Furthermore, the Claimant’s notices fail to identify a singular breach, instead providing a contradictory menu of mutually exclusive infractions (e.g., failed to pay vs. failed to input VRM vs. overstaying). Under the Consumer Rights Act 2015 (ss. 62 & 68), these terms lack core transparency and are unenforceable.

C. Forbidding Signage (No Contractual Offer)
The Claimant states that parking between 6:00 PM and 2:00 AM (Monday–Saturday) is strictly reserved for "Buzz Bingo patrons only."

If the driver was not a patron, the signage is entirely prohibitive and forms no contractual offer; it merely forbids parking. A breach of a forbidding sign sounds strictly in Trespass, for which only the actual landowner can sue for liquidated damages (which would be £0.00). The Claimant cannot invent a contractual fee where no contract was offered.

If the driver was a permitted patron, the issue lies entirely with the Claimant’s inaccessible terminal configuration and systemic failure to accommodate disabled motorists.

D. Artificial Inflation of the Claim (Abuse of Process)
The Claimant is claiming a principal sum of £170.00, representing the initial £100 parking charge artificially inflated by £70.00 described as "damages" or debt collection costs.

PoFA Schedule 4, Paragraph 4(5) explicitly caps the maximum sum recoverable from a registered keeper at the amount specified in the original Notice to Keeper (typically £100).

The addition of arbitrary "debt collection fees" or "damages" represents double recovery, violates the Civil Procedure Rules, and constitutes an abuse of the court process. The claim should be struck out on this basis alone.

4. Conclusion
The Claimant failed to engage with the Defendant’s formal appeal/complaint, refused to provide the requested evidence, and failed to issue a POPLA verification code as mandated by PPSCoP Clause 11.2 and 8.4.

The Court is invited to dismiss the claim in its entirety and award the Defendant costs under CPR 27.14(2)(g) due to the Claimant's unreasonable, predatory conduct and incoherent pleadings.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: InterCity125 on July 10, 2026, 03:35:37 pm
I would immediately send a Subject Access Request to PE requesting all info including the original PCN.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on July 10, 2026, 03:07:23 pm
Did you ever get a copy of the original PCN?


No, the first letter we got was a 'reminder' the 'original'  PCN was never received.

I have gathered/found all correspondence I have regarding this:

July-25 PCN "Reminder" issue date 16/7/26. This was appealed online in August (and rejected). Subsequent appeal was ignored.
Aug-25 Letter from parking eye stating they are now able to recover from registered keeper.
Sep-25 LETTER BEFORE CLAIM, from Parking Eye, juts found this came in September but I overlooked/misfiled it.
Feb-26 DBL "Final reminder" payment demand
Apr-26 Another DBL "Final reminder" payment demand. I thought this was letter before claim that I'd lost but I found it and it was just a 'reminder'.
Jun-26 County court claim form
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: InterCity125 on July 05, 2026, 07:27:15 am
Did you ever get a copy of the original PCN?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: jfollows on July 04, 2026, 06:42:53 pm
You have to file a defence or AoS by 20 July.
If you file AoS you have until 3 August to file a defence.

Do not use a boilerplate/template defence, instead construct something which responds to the stated Particulars of Claim (woeful) and specifics to your case and builds on the appeals you have already constructed.

DCB Legal will almost certainly discontinue rather than paying the court fee, but that’s some way down the line and your research will have shown you what’s involved between now and then.

It’s DCB Legal who is handling this, not Parking Eye. Of course Parking Eye is the claimant, but they’ve farmed the work out to DCB Legal.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on July 04, 2026, 06:17:38 pm
Unfortunately the claimant is Parking Eye.
Doc images attached, I didn't include all of the response forms.

(https://i.ibb.co/WvJ2LXVV/IMG-6300.jpg)
(https://i.ibb.co/1JPZ6frR/IMG-6301.jpg)
(https://i.ibb.co/4gsg99t1/IMG-6302.jpg)
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: jfollows on July 04, 2026, 05:46:31 pm
If the claim is in the name of DCB Legal then not responding to a Letter of Claim is not fatal because it won’t ever get as far as court as long as you follow the process.
If it’s in the name of Parking Eye it’s more serious because they tend to keep the ones they expect to win in-house.

Remember, there is a mandatory mediation step, which someone will have to attend.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on July 04, 2026, 05:32:02 pm
Hi Thanks,

Will upload the docs once I've hidden the personal info.

I think I've messed up I did get a letter a few weeks ago but I put it aside without reading it properly and forgot about it and now I can't find it.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: jfollows on July 04, 2026, 05:23:23 pm
Yes, upload the docs please.
You have 14+5 days from the date on the form to file a defence or Acknowlegement of Service, and if you file AoS you have a further 14 days to file a defence, which needs to be specific to the Particulars of Claim on the N1SDT form.

Did you receive a Letter of Claim from DCB Legal?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on July 04, 2026, 05:03:33 pm
Hello again, I have now received a letter from HM Courts & Tribunals Service together with a Claim form that needs to be completed and returned. Please can you advise or direct me to information on how to respond, I don't want to make any mistakes.
From the notes included I assume the response should be the option that "you disagree with the claim or if you want to make a claim against the claimant(counterclaim)." and so "You must send either the completed acknowledgement of service from or a defence form to the court within 14 days of the date of service. If you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service."
I can upload the docs received if needed.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: jfollows on February 21, 2026, 02:15:07 pm
Someone needs to participate in the mandatory mediation session, but if £0 is offered to settle and no discussion is made of the submitted defence, then it’s over in a few minutes. As before, search for “mediation” for more information.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on February 21, 2026, 11:01:42 am
Thank you. The searches of DCB Legal are reassuring. Can I just check, it appears there will be some mediation/legal stuff involved, does the registered keeper need to directly participate in this, I ask because they have health issues and this would cause them a lot of additional stress. I am happy to act on their behalf though, if this is allowed?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: jfollows on February 21, 2026, 10:34:42 am
DCBL are debt collectors and to be ignored.

DCB Legal will write a formal Letter of Claim in due course, come back when they do, in the meantime research cases on the forum with DCB Legal to see what the process is likely to be.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on February 21, 2026, 10:30:23 am
Hello again,
We are now stunned to receive a letter from 'Debt Collection Bailiffs' claiming "we wrote to you recently regarding an unpaid parking charge...". Have not received any response or further communication whatsoever  from Parking Eye or this company via email or post, since sending the formal complaint in September!
Image of letter attached.
Please advise how to proceed?
(https://i.postimg.cc/B6n4RjcT/IMG-5950X.jpg)
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 16, 2025, 07:48:11 pm
Your first appeal was rejected because they said it was too late. So you were advised to send a formal complaint, which they are obliged to also treat as an appeal. I drafted it and told you what to do.

Have you sent it or not? Reply #16 refers.

I have sent it as of now. Thanks for your assistance and patience.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on September 16, 2025, 05:30:10 pm
Your first appeal was rejected because they said it was too late. So you were advised to send a formal complaint, which they are obliged to also treat as an appeal. I drafted it and told you what to do.

Have you sent it or not? Reply #16 refers.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 16, 2025, 05:21:48 pm
Just to confirm, this is a second appeal I’m sending after they rejected the first one?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on September 16, 2025, 12:01:28 pm
In your opinion (until we can see some photos), has ParkingEye complied with this requirement from the PPSCoP section 4 on accessible parking?

In other words... no!

Have you sent the formal complaint to ParkingEye yet?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 15, 2025, 09:14:36 pm
(https://i.postimg.cc/Sjfcbfkp/IMG-5472.jpg) (https://postimg.cc/Sjfcbfkp)

(https://i.postimg.cc/XpNdjBYB/IMG-5473.jpg) (https://postimg.cc/XpNdjBYB)

(https://i.postimg.cc/HVS5VWrZ/IMG-5476.jpg) (https://postimg.cc/HVS5VWrZ)

(https://i.postimg.cc/y3j1pNMw/IMG-5477.jpg) (https://postimg.cc/y3j1pNMw)
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 15, 2025, 09:09:10 pm
In your opinion (until we can see some photos), has ParkingEye complied with this requirement from the PPSCoP section 4 on accessible parking?

Quote
4.1. The parking operator must ensure that at least one sign containing the terms and conditions for parking can be viewed without the driver needing to leave the vehicle, in order for drivers with a disability to be able to make an informed decision on whether to park at the premises.

Photos attached (next post). In my opinion if driving in forwards there are no parking signs visible on the front of the building or from driver's side window. There is a sign on the red hoarding which would be visible if reversing into the bay, although not very prominent with other large signs nearby it.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on September 15, 2025, 08:33:03 am
In your opinion (until we can see some photos), has ParkingEye complied with this requirement from the PPSCoP section 4 on accessible parking?

Quote
4.1. The parking operator must ensure that at least one sign containing the terms and conditions for parking can be viewed without the driver needing to leave the vehicle, in order for drivers with a disability to be able to make an informed decision on whether to park at the premises.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 14, 2025, 11:45:34 pm
No, just one pcn.
When parked there are no signs in front or to the side of the vehicle. There is one on the temporary fence/barrier behind the vehicle, that imo can be easily missed. Will add photos tomorrow.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on September 14, 2025, 02:47:09 pm
Is this for 4 PCNs? Can you show us any photos of the actual signs that are visible from within the vehicle when parked in one of those bays?

Reply to ParkingEye with the following (and CC yourself):

Quote
Subject: Formal Complaint & Appeal – PCN [PCN ref] – Cockhedge (Rear Visitor)

Dear Complaints Team,

I write as the registered keeper.

This remains a formal complaint which, under Section 11.2 of the Private Parking Single Code of Practice (PPSCoP), must also be treated as an appeal and handled to the Clause 8.4 timescales. If you disagree, please identify the precise PPSCoP wording that permits you to refuse to treat a complaint as an appeal.

1. NtK service and contradictory dates

Your email claims first “postal correspondence” was issued on 16/07/2025, yet I hold a ParkingEye “Reminder” dated 25/06/2025. Please reconcile these inconsistent dates and provide strict proof of posting for the original NtK (e.g. Royal Mail certificate/manifest). Without admissible posting evidence within PoFA Sch 4 para 9(5)’s 14-day window, keeper liability fails.

2. Disability & failure to make reasonable adjustments (Equality Act 2010; PPSCoP Sections 4.1–4.2)

A disabled occupant was set down/collected from a disabled bay late evening. No readable terms or terminal were visible from the bay/approach, and your system expects a VRM entry in a remote “reception”. Please disclose:

• A dated, scaled site plan showing every sign and the terminal location relative to the disabled bays used;
• Dated approach/bay-eye photos showing exactly what is visible from that bay;
• Your disability adjustments at this site (e.g. low-level in-bay terms, alternative registration methods, additional time/assistance).

3. Unclear allegation & “0 hours 0 minutes”

Your paperwork states a charge applies for remaining longer than a “0 hours 0 minutes” max stay and also lists multiple possible breach reasons (overstay/no payment/no VRM in reception). Identify the single allegation relied upon and the exact term allegedly breached. A “0:00” max stay is void for uncertainty and, if not actually on the signs, your notice is misleading contrary to the CRA 2015 transparency requirements.

4. Forbidding signage/patrons-only window

You say “parking is for Buzz Bingo patrons only between Mon–Sat 6pm–2am” and that patrons must enter their VRM to obtain a 3-hour permit. If the sign is truly prohibitive to non-patrons, it makes no contractual offer to them. If the driver was a permitted user, then the issue is signage/terminal accessibility and disability adjustments; if not, your claim sounds in trespass (not a contractual charge). Please provide the exact sign wording relied upon.

Given the above, please cancel. Failing that, as required by PPSCoP 11.2/8.4, issue a POPLA verification code within 7 days of this letter. Any continued refusal to treat this as an appeal or to supply a POPLA code will be raised with the BPA and DVLA as a Code breach, and relied upon as unreasonable conduct under CPR 27.14.

Yours faithfully,

[Name]

[Postal address]
[Email]
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 14, 2025, 12:56:21 pm
On the subject of being outside the 28 days for appealing, appeal was submitted on 15 August. The only pcn received was the reminder letter dated 25 July, stating date of event 12 July and ‘date issued’ 16 July.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 14, 2025, 12:51:22 pm
This is what they have said:
The signage displayed throughout Cockhedge Shopping Centre - Rear Visitor car park states that parking is for Buzz Bingo patrons only between Monday and Saturday, 6pm – 2 am. Buzz Bingo patrons are instructed to enter their full, correct vehicle registration into the terminal at reception on arrival to obtain a 3-hour parking permit.  The signage also states that all terms and conditions apply to Blue Badge holders.

 

After reviewing our records, we are unable to locate any vehicle registration that matches or is similar to vehicle registration [Reg redacted]. We believe this is due to a major keying error taking place or the vehicle registration not being entered.  The vehicle remained within the car park without being registered for a parking permit, therefore the Parking Charge was incurred.

 

Our records confirm that postal correspondence was issued to the address provided to us by the DVLA on 16/07/2025, 25/07/2025, 19/08/2025 and 03/09/2025. Please see attached copies of the correspondence issued for your records.

 

Our Appeals & Complaints Procedure which can be found on the Parking Charge Notice, explains all appeals submitted be submitted within 28 days of the delivery of the Parking Charge.  As the time frame to submit an appeal has now passed, we are unable to consider any appeals at this stage, and the Parking Charge remains outstanding.

 

Please note, as stated on their website, POPLA is available to motorist with a valid verification code. Verification codes are valid for 28 days after the parking operator has considered your appeal and sent you its outcome. POPLA verification codes are only available to motorists who have appealed the Parking Charge notice within 28 days of receiving it.

 

We would like to highlight that Parkingeye are member of the British Parking Association and operate in line with the Private Parking Sector Single Code of Practice. All our signage and processes are compliant with the code of practice.  Parkingeye takes its responsibilities under the Equality Act very seriously. We do not discriminate against those falling under the protection of the Act and our services already incorporate many reasonable adjustments, including, for example, offering fair and reasonable consideration and a grace periods.

 

Please be advised that the UK Blue Badge scheme grants specific parking rights, such as ‘up to 3 hours parking’ on public roads. These statutory rights do not extend to private land, such as shopping centres or hospital car parks.

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.

Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on September 14, 2025, 09:38:37 am
Show us their reason for refusing your appeal.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on September 14, 2025, 07:23:48 am
Have had the expected negative response from Parking eye, should I post it here? What is my next move?
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: DWMB2 on August 15, 2025, 06:22:38 pm
Reminder notices are not a mandatory part of the process, so they can in theory send one whenever they wish, or not send one at all.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on August 15, 2025, 05:00:00 pm
Who knows? They are a law unto themselves, hence the reason for the complaint.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 15, 2025, 04:53:23 pm
Thanks for the continued advice. I have now submitted the complaint.

Does the fact they sent the 'reminder' so soon - 9 days after date of 'issue' - suggest they never sent the original PCN in the first place? The 14 days allowed to pay the reduced rate hadn't even passed. It definitely wasn't received and the post here is usually pretty reliable.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: DWMB2 on August 14, 2025, 06:02:54 pm
To emphasise the point it might be wise to take a photo from the perspective of a driver who has driving into the space forwards, showing that there isn't a sign directly in front of the space (which would be good practice in a disabled bay).

Whilst nobody can provide reliable odds, I'd agree with b789 that this is more likely to be one of the ones ParkingEye farm out to DCB Legal, in which case the odds of a hearing are very small. They usually only take legal action "in house" when they fancy their chances, which ones imagines they won't in this case.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on August 14, 2025, 05:35:42 pm
The sign needs to readable from the drivers position. That sign is too far away and behind the expected position of the car.

The odds of that ever actually seeing the inside of a courtroom are less than 1%. If it did, the odds of winning are greater than 90%. If you follow the advice, you won't be paying a penny. You will also get a very valuable life lesson on how to stand up for your (or the drivers) rights and win.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 14, 2025, 05:11:25 pm
I've had a response from the centre showing signs on the red fencing behind the parking spaces, which I've attached for completeness.

Lastly before I complain can I ask is it likely that this will end up in court? Am I right to presume PE/Popla will reject any complaint/appeal and take me to court? The reason I ask is with the registered keepers health issues taking up enough of my time, I also have ADHD and anxiety which means keeping track of paperwork and meeting deadlines is not my strong point, I'm worried I won't be able to keep on top of it all and end up paying additional costs.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on August 14, 2025, 01:51:26 pm
I wouldn't worry about it for now. According to GSV, the images from September 2024 show that there were no signs that conform to the requirements of the PPSCoP section 4.1 and 4.2.

Send the complaint to ParkingEye as advised and wait for a response.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 14, 2025, 01:10:13 pm
Further information about the location and signage:

I have been informed by the general manager of the shopping centre that "after 6pm this car park is for the use of Buzz Bingo Patrons only" and "there are a number of signs in and on the entry to this car park". Images of signs provided have been attached. 3 hours free for bingo patrons, (maybe this explains zero time for non-bingo?)

The location of these signs appears to be as highlighted (yellow) in the plan map view attached. The vehicle was parked in the disabled bays outside the bingo entrance, highlighted (red) in plan and streetview attached. There does not appear to be any signage there, though streetview could be out of date. I have asked the centre manager to send pictures of any signs in this area if he has them.

Streetview of the entrance (yellow arrow) shows a hut, which isn't there now, nor does it appear to be on the plan view, so don't know what signage is there.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on August 14, 2025, 12:49:49 pm
Unless you have power of attorney or a letter of authority from them to act on their behalf, then just sign it as them.

For ParkingEye, it’s safest and cleanest if this first formal complaint/appeal goes in the registered keeper’s name, signed by them, because:

• They are the one the PCN was issued to.
• PoFA liability (or lack of it) attaches to them, not you.
• ParkingEye is far less likely to try to dodge on “data protection” grounds if it’s from the actual addressee.

If they want you to handle all correspondence going forward — which sounds sensible given their health — then you can add a very short line at the end, like:

“I authorise [Your Name] to act on my behalf in relation to this matter and to correspond with ParkingEye in my place.”

You would still sign it by typing in their name underneath that line.

That way:

The keeper is clearly the complainant/appellant.
You’re formally authorised from the outset, so you can respond to any follow-up without ParkingEye stonewalling.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 14, 2025, 12:40:16 pm
Thank you so much for that, I will do as advised. Can I just check, should it be signed as if written by the registered keeper, or can (should?) they authorise me to correspond on their behalf, as I said they have health issues and do not need the stress.

I have some more information about the location and signage which I will add in a following post.
Title: Re: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: b789 on August 14, 2025, 11:17:46 am
You need to send a formal complaint to ParkingEye, which they are obliged to also treat as an appeal, user section 11.2 of the PPSCoP.

Quote
Subject: FORMAL COMPLAINT AND APPEAL – Parking Charge [PCN number]

To: Complaints Department, ParkingEye Ltd

Dear Sir/Madam,

This is a formal complaint about the above Parking Charge Notice, issued to me as the registered keeper of vehicle [VRM].
Under Section 11.2 of the Private Parking Single Code of Practice (PPSCoP), any complaint that could also be considered an appeal must be treated as both a complaint and an appeal. If it is treated as an appeal, it must be handled in accordance with the timescales set out in Clause 8.4.

If Clause 8.4 applies, you are also required to issue a POPLA verification code should you reject the appeal, and you are on notice that I will require that code without delay or obstruction.

1. Failure to Serve the Original Notice to Keeper – PoFA Schedule 4 Breach

I did not receive the original Notice to Keeper (NtK). The only correspondence received was a “Reminder” dated 25 June.

Under PoFA Schedule 4 paragraph 9(5), you must serve a compliant NtK within 14 days of the alleged contravention if you wish to transfer liability from the driver to the keeper. You are put to strict proof that the NtK was:

• Generated in compliance with PoFA; and
• Actually posted within the statutory timeframe.

The presumption of service under the Interpretation Act 1978 applies only where the sender can prove actual posting. It is a rebuttable presumption, not an automatic shield against challenge.

For clarity:

• Proof of posting is not the same as producing a copy of the NtK from your system.
• Acceptable evidence includes a Royal Mail certificate of posting, a franked mail manifest, or equivalent independent evidence showing the date the item entered the postal system.
• Without such evidence, the presumption of delivery is rebutted and the court must accept that the NtK was not served.
• Any attempt to rely on the tired line “we are not responsible for the postal service” will be rejected outright.

Responsibility for evidencing service lies entirely with you, as the party asserting that service occurred.

2. Disability Discrimination and Breach of PPSCoP Sections 4.1 & 4.2

The driver of the vehicle is a disabled person. You have statutory duties under the Equality Act 2010 to make reasonable adjustments, and you also have binding obligations under PPSCoP sections 4.1 and 4.2 to:

• Ensure at least one sign containing the full parking terms can be viewed without the driver leaving the vehicle.
• Ensure obligations for disabled motorists are prominent, low-placed, and readily visible from disabled bays, with clear guidance on any steps they must take to benefit from additional time or concessions.

From the driver’s account, no terms signage or payment machines were visible or accessible in the vicinity of the bay used. This placed the disabled motorist at a clear disadvantage, constituting both a breach of the Code and unlawful indirect discrimination under the Equality Act 2010.

You are now required to produce strict proof of compliance, including:

• A dated, scaled site plan showing all signage and payment machines in relation to the disabled bay used.
• Dated photographs showing exactly what is visible from that bay and on the approach to it.
• Specific evidence of reasonable adjustments in place to ensure disabled motorists are not disadvantaged in accessing or understanding the terms.

3. Vague, Incoherent and Unenforceable Allegation – “0 hours 0 minutes”

Your reminder states that a Parking Charge is payable if the vehicle “remains within the car park for longer than the 0 hours 0 minutes max stay time”.

This is patently absurd. A term stating that the maximum permitted stay is zero minutes is meaningless in contract law and in plain English. It is incapable of acceptance by any reasonable motorist and fails to convey any intelligible contractual obligation.

Further, your own notice lists three entirely different and mutually exclusive possible reasons for issuing the charge:

• No valid pay and display ticket purchased;
• Remaining at the car park for longer than permitted;
• Not entering the vehicle registration into a terminal in reception.

You have failed to identify which of these you allege applies in this case, let alone point to the specific contractual term said to have been breached. Such ambiguity is fatal to any claim, as a motorist cannot be expected to guess which obligation is alleged to have been breached.

If the signage genuinely states “0 hours 0 minutes” as the maximum stay, then it is void for uncertainty. If it does not, then your Notice misrepresents the terms and is misleading. In either case, the allegation is unenforceable under the Consumer Rights Act 2015 (sections 62 and 68) due to lack of transparency and failure to bring a key term to the attention of the motorist in a clear and intelligible way.

4. Misuse of ParkingEye v Beavis [2015] UKSC 67

Your reliance on Beavis is wholly misplaced and misleading. The Beavis judgment concerned a retail car park offering a clearly advertised free period, with prominent signage at the entrance and throughout, where the motorist had knowingly overstayed that free period.

This case does not involve a clearly advertised free parking period, and your own paperwork suggests that no such free period exists. The facts are therefore materially different. To cite Beavis as if it applies wholesale here is at best sloppy, and at worst a deliberate attempt to mislead the recipient into believing the charge has been judicially approved in circumstances where it plainly has not. Any repetition of that position in litigation will be challenged in open court.

5. Litigation Warning

For the avoidance of doubt, I am fully aware of my rights and the relevant legal framework. If ParkingEye is under the illusion that I can be influenced by veiled threats of possible future litigation, you are mistaken.

If you choose to escalate this matter beyond the appeals process, I am already prepared and committed to defending any claim robustly. In that event, I will:

• Rely on your breaches of the Equality Act 2010, PPSCoP, Consumer Rights Act 2015, and PoFA 2012.
• Place before the court any failure to address this complaint/appeal properly and any refusal to provide the evidence requested.
• Seek appropriate sanctions and costs for unreasonable behaviour under CPR 27.14(2)(g).
• Escalate complaints to the DVLA, BPA, and Information Commissioner’s Office for misuse of my personal data and failure to comply with statutory and Code obligations.

If you reject this appeal and are so sure of your position, you are obliged under the BPA’s AOS membership rules to issue a valid POPLA code to allow escalation. I will expect that code to be supplied without delay or obstruction. While I hold POPLA in little regard due to its clear lack of true independence — given its financial reliance on the very industry it is meant to assess — you remain contractually bound to provide that route of escalation.

Any attempt to issue a claim without first addressing the substantive issues and evidence requests set out in this complaint will be treated as unreasonable behaviour and will be brought to the court’s attention in full.

Yours faithfully,

[Name of Registered Keeper]
[Address]
[Email]
Title: Parkingeye PCN - Non-payment - Cockhedge Shopping Centre
Post by: txl08 on August 14, 2025, 04:45:18 am
Can somebody help with this situation, the registered keeper is elderly and this is causing a lot of stress.

The vehicle was parked in a disabled bay for around 4 hours, apparently 2 hours are free after which charges apply. The car park is pay on exit, the driver did not see any signage or pay machines in the vicinity of the parking space and left without paying. You need to input the vehicle registration at the machine, and there are no barriers.

The car park is very large, the PCN states it's the ‘rear visitor’ car park (oo er mrs). I’m trying to track down the exact location of the bay on streetview, in relation to the payment terminal ‘in reception’, and where the signs are and what they say. The registered keeper did not receive the initial PCN but received a PCN ‘reminder’, dated 25 June (attached).

I have emailed the retail park and intend to appeal Parking Eye with the MSE template, adding mention of an occupant being a blue badge holder and unable to walk round searching for signs/pay stations late at night.

The wording on the back of the PCN refers to staying “within the car park for longer than the 0 hours 0 minutes max stay time”. This seems nonsensical to me, how can the maximum time allowed be zero?