Free Traffic Legal Advice

Hi there all,

I have the same problem with this car park as have others, whilst using the Gym Group there. I wasn't driving the car but have two notices from ParkingEye for the same car park.  The first was a few weeks ago, (stupidly) I have informed them of the driver and have until tomorrow (Friday) to appeal, which I will do without the fine escalating to the full amount.  The second has just arrived yesterday and I have done nothing with it yet.

The driver was my son, he is adamant that he put his reg into the tablet in the gym, entitling him to 2 hrs parking, these tickets were for less than 1 hr but more than the standard 30 mins allowed without registering.  Since he got the fist ticket he was afraid to go back but I encouraged him and he is absolutely 100% certain that he put the reg in the second time, because he was so wary  of getting another ticket.  That doesn't mean to say that he put it in correctly.  The NTK makes no mention of any of this.

The pics they've provided are of headlights of a car in pitch darkness, the first happened at around 11:50pm (its a 24 hr gym), you can't tell from the pics where it was taken.  He has a screenshot of his gym app showing him in the gym at exactly the same time as the tickets, otherwise the gym have been useless when asked for help.  I don't know if the lights above the signs are on 24hrs but I highly doubt it given this picture.

I could cut and paste some of the fantastic advice from an associated thread but would welcome your views?  I can send the ntks etc, would I do that with identifiable information out?

Am a bit sick of these parking companies fleecing my kids.  The poor boy got his appeal turned down by Popla at the Mecure Hotel in Chester for simply waiting for someone to come out pf the hotel (not parked, not in a bay, engine on) for 20mins in a car park whose entrance sign blew around in the wind and could only been seen by traffic coming from one direction depending on where the wind had blown it.  I gave them irrefutable evidence of this so not much confidence in popla, so help on these would be much appreciated.

Thanks

If you’ve named your son as the driver in the first PCN then he is liable and any appeal etc must be done in his name. If you think you are better suited to deal with it then stop throwing your son under the bus and appeal it yourself as the Keeper, where you have more protections.

ParkingEye Notice to Keeper (NtK) is never fully compliant with PoFA which means that they cannot hold the Keeper liable and as there is no legal obligation on the Keeper to name the driver to an unregulated private parking firm. So, if you hadn’t named your son as the driver, they would not have a leg to stand on.

However, that will not stop them claiming that their NtK is PoFA compliant, but that could always be argued in court, if it ever got that far (unlikely). In future, never identify the driver. There is no legal obligation.

So what if POPLA is unsuccessful? A POPLA decision is not binding on the appellant. Never simply pay because a moronic POPLA assessor supports the hand that feeds it rather than the appellant.

Just have a read of the forum to see how we assist the recipients of these PCNs fight these unscrupulous, unregulated private parking firms. ParkingEye is no exception.

Stop thinking of these PCNs as “fines”. They are nothing of the sort. They are speculative invoices for an alleged breach of contract by then driver. Would you simply pay a speculative invoice just because you received one?

the end of the day I'll be challenging and paying whatever he has to anyway

I don't wish to labour the point, but remember such challenges must be submitted in his name if it's him ParkingEye are now writing to (for the one where you have named him)

Also bear in mind that if this reaches court, he will be the defendant.

I know you've tried the gym, but worth escalating with them as much as possible.

Quote

the end of the day I'll be challenging and paying whatever he has to anyway

I don't wish to labour the point, but remember such challenges must be submitted in his name if it's him ParkingEye are now writing to (for the one where you have named him)

Also bear in mind that if this reaches court, he will be the defendant.

I know you've tried the gym, but worth escalating with them as much as possible.

Yes have escalated with the gym, they are engaged locally but nationally no use / not interested, will see if that amounts to anything.  Have appealed the first ticket in his name, yes. thank you!

The NtK for the 25th July alleged contravention is not even PoFA compliant with paragraph 9(5) as it was not given within the relevant period.

All the issues as with the older case you referenced, still apply.

Thanks for your help with this. A reminder, I have two tickets to deal with, one I have given the driver's details (and have appealed), the other not.  It's time to appeal the latter, is is still ok to use this template from the other thread for this car park?:

"Re: Parking Charge Notice (PCN) No. [PCN no.]
Vehicle Registration No: [VRM]
Issue Date: [issue date]

I am appealing as the registered keeper of the vehicle, and I would like to emphasise that I was not the driver on the date of the alleged contravention. I am under no legal obligation to provide the driver’s details, and I decline to do so.

ParkingEye (PE) has failed to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act (PoFA) 2012, which are necessary to hold the keeper liable. I outline the following points of non-compliance:

1. Failure to comply with PoFA paragraph 2(2):

PoFA paragraph 2(2) states that 'adequate notice' of the parking charge must be given to drivers. In this case, no adequate notice was provided. There were no visible signs at the entrance, at the location where the vehicle was parked, or along the route to the entrance of the premises, communicating the parking terms and conditions.

2. Failure to comply with PoFA paragraph 2(3):

Paragraph 2(3) further clarifies that 'adequate notice' means signs must clearly specify the parking charge and be positioned in such a way that the charge is brought to the attention of drivers. In this case, PE did not display sufficient signage to meet this requirement.

3. Failure to comply with PoFA paragraph 9(2)(c):

PoFA paragraph 9(2)(c) requires that the Notice to Keeper describe how the parking charge arose and how the requirement to pay was brought to the attention of the driver. Given that PE has failed to provide adequate notice as defined in paragraphs 2(2) and 2(3), the Notice to Keeper does not comply with this requirement. PE’s partial or substantial compliance with PoFA is insufficient to establish keeper liability, as full compliance with all PoFA requirements is mandatory.

4. Failure to comply with POFA paragraph 9)2)(e)(i):
This paragraph mandates that for a parking operator to hold the vehicle's registered keeper liable for a parking charge, the Notice to Keeper (NtK) must include:

• An "Invitation to Pay": The notice must explicitly invite the keeper to pay the unpaid parking charges.

• Exact Wording: The wording must clearly convey this invitation and mere implication or indirect suggestions are insufficient. The act requires strict compliance, meaning that any failure to fully incorporate this invitation renders the notice non-compliant with the requirements of PoFA 2012.

In addition, should PE reject my appeal, I will expect you to provide the following evidence to POPLA:

• A detailed layout of the car park showing the location of all signage.

• Proof of the exact location where the vehicle was parked, and how this relates to any signage.

• Evidence that the signage used to display the parking terms and conditions is fully compliant with the British Parking Association (BPA) and Independent Parking Committee  (IPC) Private Parking Single Code of Practice (PPSCoP).

PE will be put to strict proof of the vehicle’s parking location and the relationship of that location to any signs passed between the parking space and the premises entrance.

In light of these clear breaches of PoFA and the inadequate signage, I request that the Parking Charge Notice be cancelled"



A couple more pics of the car park attached for reference, one at night around the same time as these tickets.

https://www.dropbox.com/scl/fi/f0pwz0pacnn2v8zdt1tpx/2025-09-04-11.12.11.jpg?rlkey=b7d09gxdalwmv3l54zml125r3&st=xm9ls2o0&dl=0

https://www.dropbox.com/scl/fi/n4oelccorh00i9odxbkm2/2025-09-04-23.29.57.jpg?rlkey=m4bijpieogt1sn0wmqgwm14tp&st=t47j56vd&dl=0

Thanks again!

That should be sufficient. Don't be surprised if they force you to POPLA.

Indeed! thanks will send that now