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The bottom line is any appeal based on the defence given will be rejected, Parkingeye won't accept their PCN isn't POFA compliant. An appeal to POPLA is also unlikely to be successful. This is not because either body routinely reject appeals, it is because the defence relies on an interpretation of the legislation that even the experts on here disagree on.
After that you will get lots of letters from debt collectors. Eventually you will get a letter of claim. At that point it may go to court. I don't think we know of a case won on this defence, although that's often because cases don't reach court or there are stronger defence arguments.
The driver didn't follow the car park rules and unless you as the keeper name the driver they can come after you for the PCN. Not paying the invoice is a breach of contract they can successfully pursue you for.
Parkingeye are known to be more litigious tha many private parking companies. The real question is are you feeling lucky and are you prepared to engage with the court process?
Consideration and grace periods have nothing to do with this PCN. The vehicle was on the private property in breach of the terms and conditions.Ok, thank you. I was a bit concerned as you said this argument would ultimately need to convince a Judge. Does that mean ParkingEye will take me to court?
Read the alleged contravention:QuoteBy either not purchasing a valid pay and display ticket, by remaining at the car park for longer than permitted, or by not entering your registration details via the terminal, in accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to ParkingEye Ltd (as the Creditor).
I specifically asked why did the driver not enter their VRM into the terminal and was told "They were not visiting either of the businesses it applies to".
The only defence the Keeper has is to not identify the driver and plead no PoFA liability as para 9(2)(e)(i) has not been complied with.
