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Messages - life123

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1
Private parking tickets / Re: Parking eye - home bargains Sheffield PCN
« on: September 26, 2025, 01:27:07 pm »
Hi all,

Just had an unsuccessful appeal letter back from parking eye - I can attach but it seems like a fairly standard response detailing how to appeal via popla.

Can anyone help with wording for the popla appeal please?

Thanks in advance

2
Private parking tickets / Re: Parking eye - home bargains Sheffield PCN
« on: August 26, 2025, 12:31:50 pm »
Thanks for clarifying, I thought this would be the case. I’ll continue to sit tight and wait!

3
Private parking tickets / Re: Parking eye - home bargains Sheffield PCN
« on: August 26, 2025, 12:12:08 pm »
Hi all,

Parking eye have replied to the appeal with the attached.

Thanks

4
Private parking tickets / Re: Parking eye - home bargains Sheffield PCN
« on: August 06, 2025, 02:34:24 pm »
Quote from: b789 on August 06, 2025, 12:03:24 pm
Which Home Bargains, Sheffield?

Home Bargains, Fox Valley Retail Park, Fox Valley Way, Deepcar, Sheffield S36 2AD
Home Bargains, Retail Park, Kilner Way, Wadsley Bridge, Sheffield S6 1NN
Home Bargains, Middlewood Rd, The Hillsborough Arcade, Sheffield S6 4HL
Home Bargains, Flora St, Sheffield S6 2BF
Home Bargains, Cricket Inn Road, Parkway Central, Sheffield S2 5AU
Home Bargains, Queens Rd, Lowfield, Sheffield S2 4DR
Home Bargains, Archer Road, Millhouses, Sheffield S8 0LD
Home Bargains, Retail Park, Drake House Cres, Drake House Way, Sheffield S20 7HT

The PCN vaguely states “Home Bargains, Sheffield” without specifying which of the multiple locations. Under Schedule 4 of PoFA 2012, Paragraph 9(2)(a), the Notice to Keeper must "specify the vehicle, the relevant land on which it was parked and the period of parking". This vagueness renders the NtK non-compliant with PoFA, and therefore the keeper cannot be held liable.

For now, simply appeal with the following, only as the Keeper:

Quote
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, most notably the reference to the relevant land, 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.

Thanks for the helpful reply, I hadn’t picked up on that point. I’ll do the appeal and come back when I get a response.

5
Private parking tickets / Parking eye - home bargains Sheffield PCN
« on: August 06, 2025, 08:08:21 am »
Hi all,

The registered keeper of the vehicle has received a pcn (see attached) for “parking” in home bargains for 7 mins (driver pulled into a space for a matter of minutes and then left) they state a 0hours0 minutes allowance on their PCN terms. I’ve attached a picture of the sign at the entrance which I noted doesn’t have a light for visibility at night. The sign is also quite high up and obscured by trees if you approach from the right of the site. Here is the Street view link - https://maps.app.goo.gl/hUYk9Y3pD3eghBNy7?g_st=ic

What is the best stance for an appeal (I appreciate the chance of success at this stage is low but I want to get it right every step of the way so as not to jeopardise any future chance of winning the case)?

I’ve approached the store to discuss the issue and they said they can only get tickets cancelled when people have driven into the car park just before or just after store closing times.

Thanks in advance.

6
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 21, 2024, 11:26:24 pm »
What about the fact that the charge and the witness statement on the SJPN relate to different locations? Does this matter?

7
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 21, 2024, 07:06:34 pm »
Thanks for your replies. In terms of moving forward with this, would you suggest that I employ the expertise of a solicitor to manage the situation? And if so how much should I reasonably expect to pay.

I have email confirmations relating to the completion of the seat belt course.

I have a clean licence and haven’t done a speed awareness for about 8 years so I was expecting an offer of a speed awareness course for the 69 NIP.

8
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 21, 2024, 12:53:12 pm »
The locations are about 5 mins apart.

9
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 21, 2024, 12:50:27 pm »
Quote from: NewJudge on April 21, 2024, 12:32:34 pm
Quote
My understanding is that without a NIP the police can’t prosecute.

If you intend to defend the charge on the basis that no NIP was provided at all, you would have to disclose that before your trial. The police would no doubt be able to produce a copy beforehand. You cannot “ambush” the prosecution with a previously undisclosed defence.

Unless you argue that the NIP is so deficient that it does not meet the requirements of the law (Section 1 of the Road Traffic Offenders’ Act) the NIP (which alas you no longer have sight of) will not play any part in your prosecution.

The law says that it must provide you with “…the nature of the alleged offence and the time and place where it is alleged to have been committed,…”. The nature of the alleged offence is exceeding the speed limit, so there is no wriggle room there. The location ambiguity might help you.

The witness statement seems quite clear in that it provides evidence of your vehicle travelling at 88mph. I think the route to defend this would be either on the deficiency of the NIP (in not sufficiently conveying to you the place the alleged offence took place) or by casting doubt on the operator’s evidence.  How far apart are the two locations you mention? Do you suspect you may have been doing 88mph at one or other of them?

Yes I understand that I would need to disclose the issue re. the NIP. I don’t believe I was going over 70mph through either camera. The NIP referred to in the witness statement is the one I believe I received in relation to a speed of 69 (Whitwell hill).

10
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 21, 2024, 12:13:35 pm »
My understanding is that without a NIP the police can’t prosecute. They don’t have a NIP so surely this is a simple not guilty plea on that basis. Never mind the fact that their witness statement relates to a different location to the offence charge?

11
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 20, 2024, 11:48:11 pm »
Quote from: andy_foster on April 20, 2024, 10:51:32 pm
As you have already told us, you do not have the original NIPs or copies thereof - so you are relying on your memory. Is there a copy of the NIP in the SJPN bundle?
What exactly does the witness statement say?

The opinions of the 2 solicitors can be described as follows -
1. We would like you to pay us to defend you.
2. Your account is too vague to base a defence on, kindly go away.

Which camera location did you get the speeding NIP from and which camera location was the seat belt NIP from?

Thanks for your replies. With regards to the solicitors advice, I am of the same opinion. Which is why I’m still looking for other opinions on the case and to see what others suggest in this situation.

12
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 20, 2024, 11:24:26 pm »
They have not sent a copy of the NIP.

Just to be clear, the charge specifies “on 08/10/23 at High Hutton, North Yorkshire…”

13
Speeding and other criminal offences / Re: Single Justice Procedure Notice
« on: April 20, 2024, 11:19:51 pm »
I can’t be 100% sure which location the NIP I received referred to - I just know 100% that it was for a speed of 69. Had it been a speed of 88 I would have sought legal advice before returning it.

The witness statement from the camera operator says- At 16:51hrs on 08/10/23 I was on duty at A64 Whitwell Hill engaged in the enforcement of the speed limit when a (van details) motor vehicle displaying the registration number xxxxxx caused me to formulate the opinion that it was travelling at a speed in excess of the speed limit. I activated a type approved laser device in order to corroborate and confirm my opinion.

The vehicle was recorded at 88mph. The limit for this vehicle on this road is 60mph.

I can confirm that the device used at that time was a LTI 20.20 (Ultralyte 1000) laser speed measuring device and the Lastec Concept 2 compact flash system used which is a combined prescribed device, type approved by the Secretary of State. I am a trained operator of this device and operated it in accordance with the type approval given to it and to the best of my knowledge and belief all conditions subject to which that approval were given were satisfied.

The approved device records images and information of the offence on a compact flash card. The information contained on that flash card is then imported, validated and verified within the Startraq back office programme. I produce a copy of a record from this system which relates to the vehicle above as exhibit TB1 which consists of 2 images.

From records held within the traffic bureau I can confirm that a notice of intended prosecution/section 172 (NIP/172) request for driver details was sent to the last known address of the registered keeper as held by the driver and vehicle licensing agency and obtained from the police national computer system of motor vehicle xxxxxx on 09/10/23 by first class post.

On 17/10/23 a signed response was received to a section 172 request for driver details confirming that (my details) was the driver at the time of the alleged offence.

Due to the alleged high speed (driver) was not eligible for a speed awareness course or a conditional offer of a fixed penalty hence the need to prepare a file for court purposes.

14
Speeding and other criminal offences / Single Justice Procedure Notice
« on: April 20, 2024, 07:47:35 pm »
I’m new here and new to all this so please bear with me….I received a single justice procedure notice on Wednesday (17th April) for an alleged speeding offence of 88mph in a 60 (it was on the A64 but I was in a van). The notice was received on Wednesday and was posted out 8.4.24 - 6 months from the date of the offence - 8.10.23.

There were 2 x camera vans that day within 5 mins of each other on the same stretch of road. I received 2 x notices of intended prosecution, days after the alleged offence. One was for a seat belt offence, I responded to this and received a seat belt awareness course offer which I accepted and completed. The other notice of intended prosecution was for doing 69mph in a 60. I responded to this expecting to then receive a speed awareness course, but heard nothing. I have never received a notice of intended prosecution for doing 88mph. Unfortunately I don’t have pictures of the notices of intended prosecution anymore because I assumed the matter was closed. But I can say factually I did not know about a charge relating to the 88mph accusation.

The single justice procedure notice states that the offence charge relates to a location of High Hutton, the witness statement however, refers to Whitwell Hill (this I believe is the 2 x different camera locations). The witness statement also states that they have sent and received back a notice of intended prosecution.

I’ve spoken to a couple of solicitors but would be interested to get the thoughts of any experts on here with advice on how to proceed with this before I act.

Thanks in advance.

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