Author Topic: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS AFTER PARKING EVENT  (Read 3832 times)

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This was the original letter of complaint I sent to Parkingeye by post - they have omitted this from the evidence upload to POPLA. It was sent registered delivery:

https://www.dropbox.com/scl/fi/bdtapcda5033emjlhemps/REDACTED-Parkingeye-Letter-COMPLAINTS-CHORLEY-2.pdf?rlkey=1wr60u8uplnzil7blynj02yrs&st=52dh5nwg&dl=0
« Last Edit: April 08, 2025, 10:06:03 pm by Layrex9 »

« Last Edit: April 08, 2025, 10:11:37 pm by Layrex9 »

If I had a penny for every 'no first postal pcn' that I've seen, I'd have a lot of pennies.

The consequences are that the keeper loses the right to appeal, & the 'mug's discount' ship has long sailed....£100 is now chased.

Of course, post does go missing, an unfortunate fact of life.

It does seem, however, that private parking companies are more unlucky than most in this regard.
The contents of any & all my posts are my views & opinions only. If you require legal advice, please contact a solicitor/barrister.
"They shoot horses, don't they?"

These were the two attachments they attached to the response to the Letter of Complaint. It was the first time I had seen the Parking Charge Notice, because all I had received up until that point was the reminder:

https://www.dropbox.com/scl/fi/xhspc96p9nz392g8kqyl8/REDACTED-ATTACHMENT-1.pdf?rlkey=92hemeee3sor2ytnpi3adeiy4&st=i7mb1t30&dl=0

And this one:

https://www.dropbox.com/scl/fi/pi473xbwgkhz7vscszoxe/REDACTED-PARKINGEYE-ATTCHMENT-COMPLAINT-2.pdf?rlkey=ytfzsavqjtq7b5wvrp2qsykor&st=1e00ir9s&dl=0

I am sorry I have been struggling with the technology and know-how in order to upload these, that is why I have uploaded different ones (I don’t know what I am doing) but finding out fast!

Best wishes and I hope it all works!

If I had a penny for every 'no first postal pcn' that I've seen, I'd have a lot of pennies.

The consequences are that the keeper loses the right to appeal, & the 'mug's discount' ship has long sailed....£100 is now chased.

Of course, post does go missing, an unfortunate fact of life.

It does seem, however, that private parking companies are more unlucky than most in this regard.

Dear Charitynjw,

Thank you for your response - I wonder if it happened because of the timescale involved - they have said that the ticket was issued on the 24th Dec - Christmas Eve. With post being unusually busy over the Xmas period, even though my reminder was dated 2nd January (which I thought was odd in itself - I thought it was a bit too soon for a reminder to be issued early Jan when the ticket had only been created on 24th Dec and the parking event was on 18th Dec). That’s not long afterwards for a reminder, I wouldn’t have thought? The reminder itself didn’t actually arrive until January 6th!!

There was definitely no original PCN. I have seen other people saying the same thing and I wonder if they are skipping the first  step of the process in order to, like you say, it forces the registered keeper to lose the right to appeal - and I am guessing loads of people just pay without questioning the scam because of the hassle factor!

It has certainly opened my eyes - I don’t think I have ever had one of these before - they’re very persistent!

Thank you for your help, Best Wishes :)

All the ppc has to do is show, on balance of probability, that the first pcn was correctly addressed, postage paid & put into the postal system.

They do not have to prove that it was delivered.

In fact, once they've done the above, the burden of proof falls to you to prove that it was NOT delivered.

https://www.legislation.gov.uk/ukpga/1978/30/section/7

The contents of any & all my posts are my views & opinions only. If you require legal advice, please contact a solicitor/barrister.
"They shoot horses, don't they?"

Hello, How do you prove that it was not delivered? It sounds rather like they have just served notice on me in that case and I have to pay it, from a free car park, where I couldn’t access the machines, and my disabled badges were displayed. I thought, that because of the timing of the reminder, that proved that they hadn’t sent out the original PCN? I can prove that my letter of complaint was sent, registered. I thought the burden of proof was on the one who was making the claim. I’d spent £650.00 that day in the premises. Many thanks
« Last Edit: April 09, 2025, 08:58:39 am by Layrex9 »

All the ppc has to do is show, on balance of probability, that the first pcn was correctly addressed, postage paid & put into the postal system.

They do not have to prove that it was delivered.

In fact, once they've done the above, the burden of proof falls to you to prove that it was NOT delivered.

https://www.legislation.gov.uk/ukpga/1978/30/section/7

Absolutely WRONG!!!!! If challenged, the operator must prove that the notice was actually entered into the postal system. It is not enough to simply assert that it was.

Under the Interpretation Act 1978, a notice sent by first class post is deemed to be delivered (i.e., "given") on the second working day after posting — but only if it was properly addressed, postage paid, and posted by first class.

You only need a free Proof of Posting certificate from any post office for this presumption to apply.

Private parking companies do not generally post items themselves. They outsource to mail consolidators using hybrid mail services. These consolidators print and dispatch the mail, often using bulk business postage that does not qualify as first class.

What the operator typically tries to rely on is the handover receipt from the mail consolidator, claiming this proves the date the notice entered the postal system. It doesn’t. At best, it proves the date the item entered the consolidator’s internal system — not the Royal Mail postal system.

I will confidently wager £100 that any "evidence" they provide from the mail consolidator will not show the use of Royal Mail first class post. Instead, it will show a 2–3 working day delivery service, which is not deemed delivery within two working days.

Only first class post qualifies for the two working day presumption under both the Interpretation Act and the Civil Procedure Rules. If they’re using a slower service, then three working days minimum should be allowed for delivery — and that must be reflected in any procedural deadlines tied to the date of service.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

@Layrex9, what is the status of your formal complaint to 3-1-5?

What 'precisely' did you put for your POPLA appeal? You have not shown us yet you expect us to provide advice on how to respond to the operators evidence pack.

Any response must highlight the operators failure to answer or rent any of the points in your POPLA appeal and then you can begin to rebut anything in their evidence pack. You only have 7 days to respond.

I wouldn't worry about an unsuccessful POPLA decision if that were to be the case. Their decision is not binding on you and has no effect on anything going forward.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Dear b789,

3-1-5 have not responded to my email of the 12/03/2025. I cannot access my POPLA appeal, I thought, when it said I would have access to the portal, that my evidence would be on there. Only their evidence is on there. I  said what had happened, that the machine is not accessible, that my disabled badges were displayed. On the night that I uploaded the POPLA appeal, I could not upload my disabled badges and I said I needed additional help with this - and I said that 3-1-5 have a copy of my disabled badges also.

I am sorry, I didn’t realise you required a copy of my POPLA appeal. I have emailed POPLA and asked for a copy. I thought I had saved it to my computer, but it is old, and I cannot find it unfortunately. I am not used to things like this. Yes, I have 7 days, from last Friday, but I was away.

Best wishes,

Don't worry too much about this. If the POPLA appeal is successful, that is the end of the matter. If it is not, their decision is not binding on you. You certainly don't pay it.

Since 3-1-5 Health Club hasn’t replied to the formal complaint and legal warning letter that was sent to them on 12 March 2025. It looks like they’re hoping you won’t follow through, and they’re choosing to ignore the situation.

At this point, you could take them to court for disability discrimination under the Equality Act. However, I’ve looked into the company behind 3-1-5 (X-Force UK Ltd), and there are warning signs that they may not be financially stable. They’ve had insolvency issues in the past and currently have charges (debts) registered against them.

This means that even if you win your case, there’s a real risk that the company might not be able to pay you—and you could end up losing money, such as the court fees. Because of that, it’s worth thinking carefully before going ahead with legal action.

If you don’t want to risk going to court, there are other ways to keep the pressure on them and possibly get a result:

• Contact the landlord or landowner – If 3-1-5 rents their building, the landowner may be concerned about discrimination taking place on their site. They may step in.
• Public pressure – You can leave reviews online (Trustpilot, Google, etc.) or share your experience on social media. You can also contact local newspapers or disability support groups. This can damage their reputation and often pushes businesses to take complaints seriously.
• Make a data complaint – If ParkingEye still has your personal details or Blue Badge image, and they had no right to keep them, you can complain to them under data protection law (UK GDPR). If they don’t handle that properly, you can escalate to the Information Commissioner’s Office (ICO).
• Use a final letter to push for cancellation – One last short letter could say that due to their financial situation, you’ll pause any court action—but if they don’t cancel the PCN and apologise, you’ll take other steps instead. This sometimes makes them reconsider.
• Contact the Equality Advisory and Support Service (EASS) – They offer free advice about your rights and how to push forward with your complaint without going to court.

You don’t have to decide straight away, but these are all ways to move forward without spending more money or taking legal risks. Let me know what you’d like to do.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Dear b789,

Thank you, that is all really good advice, I shall look into that. I think perhaps another letter to push the cancellation - especially after I saw the marketing material collaborated between Parkingeye and 3-1-5, in which they said they loved the flexibility of being able to have control over the car parks and cancel the tickets for genuine mistakes. It strikes me as something smelling rotten in the State of Denmark.

Do I need to follow up the emails to 3-1-5 with postal letters? I have only emailed 3-1-5 so far. Parkingeye with my original complaint, I sent a letter - and they emailed me back!

I will certainly get on and look into these other suggestions - thank you - I would have had zero clue!

If the POPLA appeal were to fail - what happens then? Would Parkingeye take me to court? I have never had anything like this - being chased for money! It sounds like you could serve notice on anyone for anything - for no reason - just because you have a notice up! I can’t believe it. It seems legally criminal.

Best wishes,


If you are not successful at POPLA, ParkingEye may well eventually issue a claim against you. However, that is nothing to fear. This is not a criminal matter. It is a civil contractual matter. In the vast majority of cases, it never gets as far as a hearing even. More often than not, the claim is either struck out or discontinued.

A county court claim is actually ideal as it is the ultimate dispute resolution service. It's not Rumpole of the Bailey.

I've asked a barrister friend who is very successful in defending these cases to have a look at yours and provide any further advice regarding whether to try and sue X-Force Ltd for the damages.

If you've had email responses from either ParkingEye or 3-1-5, then just use that. Whenever you send an email to anyone, make sure that you CC in yourself as then you will have a copy of what was sent showing their email address.

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Dear b789,

Ah thank you, that is reassuring. If I email again, what should I say? Should I send the same email again or should I modify it?

Thank you very much for asking your friend about it, it is very much appreciated. What an awful situation! I just wish they would cancel it. If it had been my business and this had happened, I would cancel it without question, fully understanding that the machine was inaccessible! The disabled badges have to be displayed as a condition as well - and mine were - but nobody seems bothered about that and only bothered about entring your reg into a machine that you cannot get to unless you are a member!

It is as if it has been done to pick specifically on disabled people and it is so, so wrong! A set-up!

Best wishes,

Contact Jackson Yamba at Contestor Legal Services.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain