Free Traffic Legal Advice

Photos of the signage at the site would be useful.

Assuming the driver was a genuine customer of Asda, and not just hoping to misuse their land for some free parking, then approaching the management of Asda would be a sensible first step.

The alleged contravention:

"In addition the signage states that, as a maximum stay car park, a Parking Charge is applicable if the vehicle remains within the car park for longer than the 0 hours 0 minutes max stay time."

For what it's worth 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:

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, 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.

Got reply from Parkingeyes:

Reference: Parking Charge Notice - 309137/543921
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on 16
November 2025 at 18:20, at Asda Cardiff Bay car park.
We are writing to advise you that your recent appeal has been referred for further
information.
You have stated that you were not the driver of the vehicle at the date and time of the
breach of the terms and conditions of the car park, but you have not indicated who was.
You have already been notified that under section 9(2)(b) of schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking
charge in full. As we do not know the driver’s name or current postal address, if you were
not the driver at the time, you should tell us the full name and the current postal
address of the driver.
You are warned that if, after 29 days from the Date of Issue, the parking charge has not
been paid in full and we do not know both the name and current address of the driver, we
have the right to recover any unpaid part of the parking charge from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on behalf of the driver, and you
do not provide the full name and current postal address of the driver, Parkingeye will be
obliged to deal with the representations made in your name.
Parkingeye have placed this charge on hold for 28 days to enable you to provide the
evidence requested. If this information is not provided within 28 days, the appeal may well
be rejected and a POPLA code provided.
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ
Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by
visiting www.parkingeye.co.uk or by posting a cheque or postal order to ParkingEye Ltd,
PO Box 117, Blyth, NE24 9EJ.
Yours faithfully,
Parkingeye Team

They reply me and still want to identify the driver.

Got Update after new year, they send me over the letter state that now they reject my appeal and provide me the POPLA code for further appeal.

Can't say I'm surprised or that you will have any more luck getting a POPLA assessor to grant your appeal either. Of course Parkingeye think their PCN is compliant.

As b789 loves to point out POPLA assessors are not trained legal experts and are looking to make a decision on the substantive elements of the appeal such as the NTK not being delivered in time, failing to adhere to the joint code of practice, clearly demonstrable signage issues etc. In your case on the surface there was a clear breach of the Ts & Cs of the parking contract and no obvious mitigation for that. You're relying on possible technicalities. The advice on here in most cases is not about a winning argument, it's about doing enough to run the clock down and hope they don't actually proceed to court. It usually works, not because it has merit but because the PPCs can't afford to take everyone to court so give up.