Free Traffic Legal Advice

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.

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.

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 History
11/04/2025 Date of event
System check/manual check identified breach of terms and conditions, prior to DVLA request
15/04/2025 Parking Charge Letter Issued - Letter1 - Ltr01-217
18/04/2025 Parking Charge Letter Issued - Letter1 - Ltr01-217
25/04/2025 Letter Issued - Website Appeal Response
25/04/2025 Letter Issued - Website Appeal Response
25/04/2025 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-POFA
05/05/2025 Letter Issued - Website Appeal Response
05/05/2025 Website Appeal received for this case and is queued for processing.
15/05/2025 Letter Issued - Unsuccessful POPLA - Paid Parking Insufficient with FAQs Non-POFA

Rules and Conditions
This site is a Paid Parking car park as clearly stated on the signage (enclosed).
Parking tariffs apply 24 hours a day, 7 days a week
To obtain a season permit, you must visit the site office with your full, correct vehicle registration & pay the
appropriate rate
Blue 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 areas
We 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 pay
Number of Payment Machines: 1
Authority
We 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 Information
Please 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. 

 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

Other

Just want to select the correct option.

Best regards.

Is something like this okay? Also, I just noticed your away, thank you for still responding, really appreciated.

POPLA Code: 6061355468
Parking Charge Notice: 288486/335086
Vehicle Registration: **** ***
Date of Issue: 11 April 2025
Appellant: Registered Keeper

Grounds of Appeal:
1. No Keeper Liability – PoFA 2012 not applicable to Milton Country Park

2. Driver not identified – No presumption of driver liability

3. The charge is a penalty and not a genuine pre-estimate of loss

4. Failure to comply with BPA Code of Practice

1. No Keeper Liability – PoFA 2012 not applicable
Milton 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 identified
At 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 loss
The 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 Practice
ParkingEye has failed to demonstrate compliance with the BPA Code of Practice in several ways, including:

Poor signage visibility

No grace period consideration

Attempting to rely on PoFA in a non-relevant land situation

These breaches further invalidate the legitimacy of the charge.

Conclusion
For the reasons above, I respectfully request that POPLA upholds this appeal and instructs ParkingEye to cancel the Parking Charge Notice.

Hello, I have just had the following from Parking Eye too;

Reference: Parking Charge Notice - 288486/335086
POPLA Ref: 6061355468
Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge incurred on 11 April 2025 at
13:34, at Milton Country Park, Milton car park.
We have reviewed the details outlined in your appeal and can see that a payment to park
was made on the date of the event. Unfortunately, the tariff purchased was insufficient
and did not cover the entire duration of the stay. The terms and conditions and tariffs are
outlined 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 you
have now reached the end of our internal appeals procedure.
If you wish to have your case independently assessed, please be advised, there is an
independent appeals service (POPLA) which is available to motorists who have had an
appeal rejected by a British Parking Association Approved Operator. Contact information
and further information can be found enclosed. See also www.popla.co.uk
By law we are also required to inform you that Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent
to deal with your appeal. However, we have not chosen to participate in their alternative
dispute resolution service. As such should you wish to appeal then you must do so to
POPLA, as explained above.
Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the
driver 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 from
the date of this correspondence. If you appeal to POPLA, you will not be able to pay the
discounted amount in settlement of the Parking Charge, and the full value of the charge
will be outstanding. In addition, if your appeal to POPLA is unsuccessful, you will no
longer 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 visiting
www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your reference
number 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 our
systems to reflect the discounted value before making a payment via our automated
payment line or website.
Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
Yours faithfully,
Parkingeye Team


Could you please advise how to respond? Many thanks.

Many thanks, I have added the missing details and sent my response.

Once Parking Eye reply, I'll let you know.

Best Regards