Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: BerksWTFC on October 27, 2025, 04:00:03 pm

Title: Re: ParkingEye PCN - Parked beyond paid time - Heathrow Point West (Novotel CarPark)
Post by: BerksWTFC on November 02, 2025, 08:36:04 pm
Thanks very much for all the advice, b789, much appreciated

I wasn’t a customer of the hotel, other than just parking there to commute elsewhere. I haven’t reached out to them as that specific hotel is not commercially operational at the moment and I can’t speak to the management. I could reach out to Novotel generally - will look into this.

I absolutely want to challenge this. It’s unfair and it’s not the discount I’m after- I just wasn’t sure where I stood with this.

I’ll look into Plan A and then failing that, will submit an appeal with the text provided. Thanks very much.
Title: Re: ParkingEye PCN - Parked beyond paid time - Heathrow Point West (Novotel CarPark)
Post by: b789 on November 01, 2025, 05:34:28 pm
You say this was at the Novotel car park. Were you a customer? If so, have you tried Plan A and approached Novotel and asked them to get this cancelled?

The ParkingEye Notice to Keeper (NtK) is not fully compliant with PoFA and therefore, even though they are claiming PoFA Keeper liability, it can be challenged, but is not likely to win unless it actually goes to court. Under no circumstances should the drivers identity be revealed.

If your only worry is the mugs discount, then we cannot help you. If you think that a speculative invoice for an alleged breach of contract by the driver from an unregulated private parking firm is worth paying, just because it offers a discount, then go ahead.

If you think the invoice is unfair and you want to challenge it and are prepared to fight all the way, then we can advise on what to do and when. The actual odds of this ever getting as far as a hearing in court are slim to none. It will all depend on whether ParkingEye decide that they don't have much chance of being successful and they farm it out to DCB Legal to act for them, or they keep it in-house.

If you decide to fight, then after you have exhausted Plan A, then follow this advice:

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:

Quote
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.

They'll come back asking for the drivers details, which you decline to provide and when they eventually reject, you will be able to appeal to POPLA.
Title: Re: ParkingEye PCN - Parked beyond paid time - Heathrow Point West (Novotel CarPark)
Post by: BerksWTFC on November 01, 2025, 08:37:26 am
Hi all, any advice on this would be massively appreciated. The period for reduced charge is nearly closed and from reading other posts, a lot of the Parking Eye ones seem to have court letters/CCJs. Thank you very much 🙏🏼
Title: Re: ParkingEye PCN - Parked beyond paid time - Heathrow Point West (Novotel CarPark)
Post by: BerksWTFC on October 27, 2025, 05:49:17 pm
Apologies, reverse of PCN here: https://ibb.co/W4txh7V8
Thank you
Title: Re: ParkingEye PCN - Parked beyond paid time - Heathrow Point West (Novotel CarPark)
Post by: DWMB2 on October 27, 2025, 04:15:00 pm
We need to see the back page, too.
Title: Re: ParkingEye PCN - Parked beyond paid time - Heathrow Point West (Novotel CarPark)
Post by: BerksWTFC on October 27, 2025, 04:02:23 pm
PCN Image: https://ibb.co/39XFnyQN
Title: ParkingEye PCN - Parked beyond paid time - Heathrow Point West (Novotel CarPark)
Post by: BerksWTFC on October 27, 2025, 04:00:03 pm
Hi all,

Thank you very much in advance for any help with this.

On 16/10/25, the driver parked in a space and made a payment for 8hrs parking via the PayByPhone app. Unfortunately, the driver got held up and returned after 8hrs 47minutes, exceeding the paid parking period by 47minutes.

On 27th October, I, the registered keeper, recorded a penalty notice letter from ParkingEye titled “Parking Charge Notice”.

The parking charge amount is £100, “discounted” to £60 if paid with min 2 weeks of 23/10/25.

The driver has not yet responded to the correspondence.

Any advice is very much appreciated!