3. Parking Eye PCN
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Parking Eye PCN
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Hello

This came through today and looking to see if there is any chance to appeal.
This is car park in Quinton with an Asda, Starbuck and Subway.  We have contact Starbucks they said to contact Asda who are unabel to also assist. We have no receipt of purchase as paid cash on the day.

I have noticed the signs are poor with more signs on exit than entering.

« Last Edit: February 12, 2025, 10:45:02 pm by Cosmos2000 »
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Re: Parking Eye PCN
« Reply #1 on: »
Those images are illegibly small, and you have obscured important information.

To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide.

The quality of advice we are able to give corresponds to the quality of information you provide us - you'll get much better advice if you give us a bit more context than "This came through today and looking to see if there is any chance to appeal".

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Re: Parking Eye PCN
« Reply #2 on: »
Appologies new immages loaded



« Last Edit: February 12, 2025, 10:44:15 pm by Cosmos2000 »
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Re: Parking Eye PCN
« Reply #3 on: »
Fails PoFA 9(2)(e)(i) and PPSCoP. Big bold error on the front regarding payment due date which also negates the PoFA 9(2)(f) wording on the back.

Easy one to deal with… as long as the unknown drivers identity is not revealed. 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
Subject: Appeal – Parking Charge Notice [PCN Reference]

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 misleading and unfair practices 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.

Your NtK contains contradictory information regarding the timeframe for payment and liability, as it incorrectly states very clearly and prominently on the front that debt recovery action will commence after 28 days from the issue date rather than from the date the NtK is given, as required by PoFA Schedule 4, Paragraphs 9(2)(f) and 9(6). This misleading and prominent error invalidates PoFA compliance.

The NtK also fails to comply with PoFA paragraph 9(2)(e)(i). PoFA requires wording that explicitly links the Keeper to the payment obligation, either by inviting them to pay the charge or provide the driver’s details. The NtK only states that the driver is liable and provides payment instructions for the driver, with no indication that the Keeper can or is invited to pay. PoFA compliance must be explicit, and implied obligations do not suffice. Therefore, Keeper liability does not apply.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under any misinterpretation of the law of agency. Your NtK can only hold the driver liable. You have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking Eye PCN
« Reply #4 on: »
Big bold error on the front regarding payment due date which also negates the PoFA 9(2)(f) wording on the back.

Which you will undoutedly need to get a judge to agree with, that looks like a standard Parkingeye PCN. They have in-house lawyers who will be all over the wording to makesure it is compliant and isn't easy to defeat in court despite what b789 states. It'll probably not get to court but its up to you whether you wish to risk that and then navigate through the paperwork required to successfully defend a court claim.
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Re: Parking Eye PCN
« Reply #5 on: »
"Big bold error on the front regarding payment due date" also is in breach of the PPSCoP section 8.1.2(e) because that is the only section of the CoP where "28 days" is actually defined. It is "within 28 days of receiving the parking charge" and "receiving" is defined at Note #2.

Non compliance of the PPSCoP is grounds for POPLA to cancel the charge which is a bridge to cross when we come to it.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking Eye PCN
« Reply #6 on: »
Appreciate the help and suppport,  appeal sent as above no mention of driver.  I have recieved an Parking Eye aknowledging and will consider the appeal within 28 days.    Will revert back with an update. 

Thanks
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Re: Parking Eye PCN
« Reply #7 on: »
Hello,  I have receievd the below email from Parking EYE following my appeal.  Appreciate any support.

The email says the below with the attached document below.

Dear Sir / Madam,

We are writing to you to in relation to the Parking Charge incurred on *February 2025 at***, at ******  car park.

Please find attached information concerning your appeal.

Kind Regards,

Parkingeye Team


https://imgur.com/a/heq02h0
« Last Edit: February 27, 2025, 02:48:05 pm by Cosmos2000 »
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Re: Parking Eye PCN
« Reply #8 on: »
Standard fishing letter from Parking Eye trying to get you to name the driver, so ignore, they will reject your appeal “after careful consideration” which is funny because they always do, but they will provide a POPLA code when they do.
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Re: Parking Eye PCN
« Reply #9 on: »
If ignore they provide POPLA code do appeal and if unsuccessful still allowed to pay the reduced fine.
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Re: Parking Eye PCN
« Reply #10 on: »
Just respond with the following:

Quote
Subject: Formal Response to Appeal Rejection – Request for POPLA Code

Dear ParkingEye,

I refer to your recent response regarding my appeal against Parking Charge Notice [PCN Reference Number]. Your letter falsely claims that I have stated I was not the driver, which is entirely untrue. Nowhere in my appeal did I make such a statement.

Furthermore, your response attempts to mislead me into believing I am legally obligated to name the driver. As you are well aware, there is no legal obligation on the registered keeper to do so. Your insistence that I provide such information, coupled with your distortion of my appeal, is deeply concerning and will be reported to the DVLA as a potential breach of your KADOE contract.

Regarding PoFA compliance, simply quoting PoFA 9(2)(b) does not rectify the fundamental failure of your NtK to meet all the conditions required under Schedule 4. In particular, your NtK fails to comply with PoFA 9(2)(e)(i), as it does not include the required invitation for the Keeper to pay the charge. Instead, it states that only the driver is liable and directs the Keeper to pass on the notice. Given that there is no legal requirement for the Keeper to identify the driver, your letter is misleading and appears to be an attempt to intimidate me into providing information I am under no obligation to disclose to an unregulated private parking company.

I now require you to either cancel this PCN or provide me with a POPLA code to escalate this matter to independent adjudication. Should you refuse or continue to misrepresent your position, I will have no hesitation in reporting your conduct to the DVLA, BPA, and ICO for misleading communications and potential data protection breaches.

Yours sincerely,

[Your Name]
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking Eye PCN
« Reply #11 on: »
The NTK merely notifies(or should notify) the keeper, in accordance with PoFA, that they may be held liable for the driver's liability. You cannot require the creditor to cancel this parking charge ('cancel the PCN') simply because the NTK does not comply with PoFA, the parking charge at its heart is a matter between the creditor and the driver. As keeper, the limit of your appeal is that the creditor may not hold you liable.

They may still pursue the driver because this has nothing to do with the keeper as such.
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Re: Parking Eye PCN
« Reply #12 on: »
Hi

I have sent the responce for second appeal appeal to their fishing mail.

What are the chances of the proceeding to POPLA. Would Parkey Eye continue fishing and increase the PCN or allow the reduced amount. 
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Re: Parking Eye PCN
« Reply #13 on: »
Quote from: H C Andersen on February 27, 2025, 08:08:20 pm
You cannot require the creditor to cancel this parking charge ('cancel the PCN') simply because the NTK does not comply with PoFA

The suggested appeal does not require that. It requires them to either cancel the parking charge or issue a POPLA code, which, given that ParkingEye don't know who was driving, are the only two options they can realistically take.

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What are the chances of the proceeding to POPLA. 
High. There's no money to be made out of accepting appeals.
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Re: Parking Eye PCN
« Reply #14 on: »
The draft I read stated: 'I now require you to either cancel this PCN or provide me with a POPLA code...'

But IMO the NTK is not a demand for money, it's (or should be) advice and information(9(2)(b),(c) and (d)), an invitation(9(3)(e)) and notification about prospective rights(9(2)(f)). I don't see how this can be 'cancelled' because it's a requirement of PoFA.

People often confuse a PCN - which is not referred to in PoFA- with 'parking charge', which is.

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