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Please see reasoning; DecisionSuccessfulAssessor NameJamie MacraeAssessor summary of operator caseThe parking operator has issued a Parking Charge Notice (PCN) due to not purchasing the appropriate parking time.Assessor summary of your caseThe appellant has raised the following points from their grounds of appeal. • The driver has not been identified, no presumption of driver liability. • The Protection of Freedoms Act (PoFA) 2012 is not applicable as the land in question, Milton County Park, is subject to statutory control under byelaws made pursuant to Section 41 of the Countryside Act 1968, confirmed by the Secretary of State and in operation since 2 May 1994. 1. The land is not relevant land; the registered keeper cannot be held liable if the driver has not been identified. • The driver has not been identified. After reviewing the parking operator’s evidence, the appellant reiterates their grounds of appeal and expands on their grounds of appeal. The appellant has provided a byelaws document as evidence to support their appeal. The above evidence will be considered in making my decision.Assessor supporting rational for decisionI am allowing this appeal, with my reasoning outlined below: I acknowledge the reason the operator has issued the PCN. The burden of proof lies with the operator to demonstrate that it has issued the PCN correctly. In this instance, I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN as the operator has issued a notice to the keeper’s address. I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.

Morning, I've just received a response from POPLA;'Your appeal was successful''As your appeal was successful, your parking charge is not effective and you do not need to take any further action'Thank you all, really appreciate your assistance throughout. Best regards.

b789 - again thanks for your help. I have submitted my comments to POPLA; 'We are writing to update you about your appeal.Your appeal is now ready to be assessed and is currently in a queue waiting to be allocated. We expect to make a decision on your appeal 6-8 weeks from the point that the appeal was first submitted. The next communication that you will receive from us will be the decision on your appeal.Kind regardsPOPLA TeamBest Regards

Hello, good morning everyone. Before I submit my post, I just wanted to ensure everything was okay with it, or does it need amending? If somebody could advise, would really appreciate it. I've got this far and I don't want to mess it up. Best regards.

Thanks again for your assistance on this matter, before I post, is something like this suitable;I respectfully submit this response to the evidence provided by ParkingEye. Their submission fails to rebut the key legal grounds on which my appeal is based.1. ParkingEye Confirm They Are Not Relying on the Protection of Freedoms Act (PoFA) 2012ParkingEye clearly state in their evidence: “Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012.”This is a crucial admission. If a private parking operator chooses not to rely on Schedule 4 of PoFA, they cannot pursue the registered keeper for the charge if the driver has not been identified.In such cases, only the driver can be held liable, and I have not been identified as the driver. Therefore, under statute and common law, there is no lawful basis to transfer liability to me as the keeper.2. The Land Is Not “Relevant Land” Under PoFAMilton Country Park is subject to statutory control through byelaws made under Section 41 of the Countryside Act 1968, confirmed by the Secretary of State on 2 May 1994. As such, the land falls outside the definition of “relevant land” under PoFA Schedule 4, Paragraph 3(1), which explicitly excludes land subject to statutory control. Even if ParkingEye had attempted to rely on PoFA (which they have not), they would be barred from doing so due to the nature of the land.3. No Hirer Liability AppliesI note that ParkingEye have not alleged that I am the hirer of the vehicle, nor have they provided any documentation or evidence of a hire agreement. Even if they were to attempt this, PoFA Schedule 4 Paragraph 14 sets out strict requirements for holding a hirer liable—none of which have been fulfilled, and none of which apply if PoFA is not being used.4. ConclusionTo reiterate:* ParkingEye admit they are not using PoFA.* The land in question is not “relevant land” under PoFA.* The driver has not been identified.* I am the registered keeper and cannot be held liable under these circumstances.

Hello, I have received an Action Required email from POPLA and have been asked to 'Please provide your comments on the operator evidence'. The main text is as follows;Case History11/04/2025 Date of eventSystem check/manual check identified breach of terms and conditions, prior to DVLA request15/04/2025 Parking Charge Letter Issued - Letter1 - Ltr01-21718/04/2025 Parking Charge Letter Issued - Letter1 - Ltr01-21725/04/2025 Letter Issued - Website Appeal Response25/04/2025 Letter Issued - Website Appeal Response25/04/2025 Website Appeal received for this case and is queued for processing.25/04/2025 Website Appeal received for this case and is queued for processing.02/05/2025 Letter Issued - Driver Details Required non POFA with FAQs Non-POFA05/05/2025 Letter Issued - Website Appeal Response05/05/2025 Website Appeal received for this case and is queued for processing.15/05/2025 Letter Issued - Unsuccessful POPLA - Paid Parking Insufficient with FAQs Non-POFARules and ConditionsThis site is a Paid Parking car park as clearly stated on the signage (enclosed). Parking tariffs apply 24 hours a day, 7 days a weekTo obtain a season permit, you must visit the site office with your full, correct vehicle registration & pay the appropriate rateBlue Badge holders – please display the clock portion of your Blue Badge in your vehicle and present the photo portion to site office or scan one of the QR codes on display to register for a 24 hour parking permit.Park within marked bays No parking on yellow lines/hatched areasWe have included a signage plan showing that there are signs situated at the entrance, exit and throughout the car park displaying the terms and conditions of the site.All available payment options can be found within the enclosed signage. The full, correct vehicle registration must be inputted when parking payments are made.Please see below information relating to the payment options on site:Payment Options: Payment Machine (Metric) and evology payNumber of Payment Machines: 1AuthorityWe can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ourselves and the motorist will be enforceable by us as a party to that contract.Additional InformationPlease be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012.The BPA has provided clarity to both motorists and parking management companies regarding grace periods which can be found in the Private Parking Single Code of Practice.www.britishparking.co.uk/code-of-practice-and-compliance-monitoring Parkingeye are fully compliant with the Private Parking Sector Single Code of Practice in relation to Grace Periods.Parkingeye use Automatic Number Plate Recognition (ANPR) cameras and not CCTV cameras to monitor car parks. This technology captures and photographs vehicles entering and exiting the car park and compares this data to the maximum stay that vehicles are entitled to and, where applicable, any payment or permit that may relate to the registration captured.We ensure that all our signage is clear, ample, and in keeping with the Private Parking Sector Single Code of Practice regulations. The signage at this site demonstrates adequate colour contrast between the text and the backgrounds advised in the Private Parking Sector Single Code of Practice.Please note, our website appeals portal now asks the appellant to confirm that all supporting evidence relating to the Parking Charge has been attached. This confirmation is displayed in the website appeal document included in this evidence pack.There are 47 pages in total, the rest of the letter has copies of previous correspondence and photos of signage and parking machines.Do I need to respond and if so what do I need to say? Again thank you for your help and assistance on this. Best regards. 

Many thanks all. I have submitted my POPLA appeal. I will advise outcome. Interestingly, there has been an article in the local newspaper regarding Milton Country Park parking; https://www.cambridge-news.co.uk/news/local-news/visitors-popular-cambridgeshire-country-park-31648979

 Thank you so much for you help on this. Just a quick question, when submitting my appeal on the POPLA website am I selecting; I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking.Or OtherJust want to select the correct option. Best regards.

I must apologise, because, this doesn't really make sense to me? I think you have advised me to only add  points 1&2 into my POPLA response. So my grounds of appeal are driver not identifed and Milton Country park by laws? I have removed the other points. So my appeal is as below? I can also add the Milton Park Bylaws document. Do I also need to upload the PCN and a copy of my ticket? Sorry I'm not very good drafting letters on topics I have little knowledge on. Thank you for your help and support. POPLA Code: 6061355468Parking Charge Notice: 288486/335086Vehicle Registration: **** ***Date of Issue: 11 April 2025Appellant: Registered KeeperGrounds of Appeal:1. No Keeper Liability – PoFA 2012 not applicable to Milton Country Park2. Driver not identified – No presumption of driver liability1. No Keeper Liability – PoFA 2012 not applicableThe land in question—Milton Country Park—is subject to statutory control under byelaws made pursuant to Section 41 of the Countryside Act 1968, confirmed by the Secretary of State and in operation since 2 May 1994. As such, the land is not “relevant land” under PoFA Schedule 4. The land is not “relevant land” as defined by paragraph 3 of Schedule 4, and therefore, the registered keeper cannot be held liable if the driver has not been identified.ParkingEye are attempting to hold me liable as the registered keeper, despite this being a location where keeper liability cannot be established under PoFA.Since the operator has neither invoked PoFA nor complied with its conditions, and since PoFA could not apply in any event due to the statutory status of the land, there is no lawful basis to hold me liable as Hirer.2. Driver not identifiedAt no stage have I identified the driver, nor is there any legal requirement to do so. ParkingEye have failed to demonstrate who was driving the vehicle at the time of the alleged contravention.As keeper, I cannot be held liable for a charge incurred by an unknown third party at a location not covered by PoFA.ConclusionFor the reasons above, I respectfully request that POPLA upholds this appeal and instructs ParkingEye to cancel the Parking Charge Notice. 

Is something like this okay? Also, I just noticed your away, thank you for still responding, really appreciated. POPLA Code: 6061355468Parking Charge Notice: 288486/335086Vehicle Registration: **** ***Date of Issue: 11 April 2025Appellant: Registered KeeperGrounds of Appeal:1. No Keeper Liability – PoFA 2012 not applicable to Milton Country Park2. Driver not identified – No presumption of driver liability3. The charge is a penalty and not a genuine pre-estimate of loss4. Failure to comply with BPA Code of Practice1. No Keeper Liability – PoFA 2012 not applicableMilton Country Park is covered by statutory byelaws made under Section 41 of the Countryside Act 1968, and as such, is non-relevant land under Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. The land is not “relevant land” as defined by paragraph 3 of Schedule 4, and therefore, the registered keeper cannot be held liable if the driver has not been identified.ParkingEye are attempting to hold me liable as the registered keeper, despite this being a location where keeper liability cannot be established under PoFA.If the assessor cannot identify the driver and PoFA is not applicable, this appeal must be upheld.2. Driver not identifiedAt no stage have I identified the driver, nor is there any legal requirement to do so. ParkingEye have failed to demonstrate who was driving the vehicle at the time of the alleged contravention.As keeper, I cannot be held liable for a charge incurred by an unknown third party at a location not covered by PoFA.3. The charge is not a genuine pre-estimate of lossThe charge of £100 (or £60 discounted) is arbitrary and clearly punitive. It does not reflect any genuine pre-estimate of loss by the landowner or ParkingEye.Since this is not a contractual fee for parking, but rather a penalty, it is unenforceable.4. Breach of BPA Code of PracticeParkingEye has failed to demonstrate compliance with the BPA Code of Practice in several ways, including:Poor signage visibilityNo grace period considerationAttempting to rely on PoFA in a non-relevant land situationThese breaches further invalidate the legitimacy of the charge.ConclusionFor the reasons above, I respectfully request that POPLA upholds this appeal and instructs ParkingEye to cancel the Parking Charge Notice.

b789, thank you again for your help on this matter. You have been fantastic.I have looked through other posts and tried searching for 'POPLA appeal'. However I'm not really sure what I am looking for? I can't find any POPLA letters to use as templates.  Sorry I have never done this before.Regards

Hello, I have just had the following from Parking Eye too; Reference: Parking Charge Notice - 288486/335086POPLA Ref: 6061355468Dear Sir / Madam,Thank you for your appeal in relation to the Parking Charge incurred on 11 April 2025 at13:34, at Milton Country Park, Milton car park.We have reviewed the details outlined in your appeal and can see that a payment to parkwas made on the date of the event. Unfortunately, the tariff purchased was insufficientand did not cover the entire duration of the stay. The terms and conditions and tariffs areoutlined on the signage which are on display throughout the car park.We are writing to advise you that your recent appeal has been unsuccessful and that youhave now reached the end of our internal appeals procedure.If you wish to have your case independently assessed, please be advised, there is anindependent appeals service (POPLA) which is available to motorists who have had anappeal rejected by a British Parking Association Approved Operator. Contact informationand further information can be found enclosed. See also www.popla.co.ukBy law we are also required to inform you that Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competentto deal with your appeal. However, we have not chosen to participate in their alternativedispute resolution service. As such should you wish to appeal then you must do so toPOPLA, as explained above.Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only thedriver can appeal to POPLA (Parking on Private Land Appeals).As a gesture of goodwill, we have extended the discount period for a further 14 days fromthe date of this correspondence. If you appeal to POPLA, you will not be able to pay thediscounted amount in settlement of the Parking Charge, and the full value of the chargewill be outstanding. In addition, if your appeal to POPLA is unsuccessful, you will nolonger be able to pay the discounted amount and the full value of the charge will be due.A payment can be made by telephoning 0330 555 4444, by visitingwww.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order toParkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your referencenumber on the reverse of any cheque/postal order so the payment can be allocated.If you have received this correspondence via email, please allow 24 hours for oursystems to reflect the discounted value before making a payment via our automatedpayment line or website.Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454Yours faithfully,Parkingeye TeamCould you please advise how to respond? Many thanks.

Hello,I have just received a response from Privacy@parkingeye.co.ukDear Mr *****, Thank you for your correspondence received in relation to the above referenced Parking Charge. We have been passed this as we note you have raised a data query. Please note, it is Parkingeye’s position that this charge was issued following a contractual breach of the terms and conditions in operation onsite, and that we had reasonable cause to request the Registered Keeper’s details from the DVLA. Please note that our lawful bases for processing data are Performance of a Contract and Legitimate Interests. Parkingeye do not rely on Consent as a legal basis for processing data when issuing and pursuing the payment of outstanding Parking Charges. We are registered with the ICO to collect and process data for the purpose of car park management, which includes dealing with appeals and any subsequent recovery action required. We therefore wish to confirm that we have rejected your request that we remove data from our system and cease processing in this instance at this stage, and can confirm that your appeal has now been passed back to our dedicated Appeals Team for further consideration.  Please note you have the right to make a complaint to the ICO in respect of this response, should you wish to do so. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.parkingeye.co.uk/privacy-policy/  Yours sincerely, Parkingeye Privacy TeamDo I need to do anything? Many thanks in advance.

Many thanks, I have added the missing details and sent my response. Once Parking Eye reply, I'll let you know. Best Regards

Hello, I have just received a response from Parking Eye. It reads as follows.. I have also attached a copy of the pdf. Reference: Parking Charge Notice - 288486/335086Dear Sir / Madam,Thank you for your correspondence in relation to the Parking Charge incurred on 11 April2025 at 13:34, at Milton Country Park, Milton car park.We are writing to advise you that your recent appeal has been placed on hold whilst weawait further information.You have stated that you were not the driver of the vehicle at the date and time of thebreach of the terms and conditions of the car park, but you have not indicated who was.Parkingeye have placed this charge on hold for 28 days to enable you to provide theevidence requested. If this information is not provided within 28 days, the appeal may wellbe rejected and a POPLA code provided.Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or byvisiting www.parkingeye.co.uk or by posting a cheque or postal order to the addressdetailed below.Yours faithfully,Parkingeye Team [ Guests cannot view attachments ] [ Guests cannot view attachments ]