Free Traffic Legal Advice

Hi All,

I have received below from them and they did not even bother to acknowledge anything other then change of address, would you be able to advice how to take it from here? Any guidance will be much appreciated as this is been going on for so long and creating so much headache.


328809/283827 & 438913/539865

SMB_PE_Privacy
To:  me
 ·
Tue 20 Jan at 13:53
Message Body
Good afternoon,

 

We write further your request for address rectification in relation to the above referenced Parking Charges.

 

We can confirm we have updated your address on our systems to 27 Edinburgh Close, Banbury, OX16 0NY, as requested.

 

We can also confirm we have contacted DCBL to request their records are also updated.

 

For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.parkingeye.co.uk/privacy-policy/

 

Yours sincerely,

 

Privacy Team
Parkingeye Limited

 

t: 01772 450970 |
e: privacy@parkingeye.co.uk | w: parkingeye.co.uk/privacy-policy 

Where does this third PCN come from? I see no reference to anything but 2 PCNs in their correspondence.

ParkingEye are trying to create a “procedural failure” by saying you were granted 7 days to appeal and you did not use it. That is a nonsense position in your circumstances.

You already set out the appeal point in your formal complaint: you never received any Notice to Keeper, therefore no PoFA keeper liability can apply, and the driver will not be identified. Under the PPSCoP, a complaint about a parking charge must be treated as an appeal. So there was no need for you to submit a separate appeal within any arbitrary 7-day window.

More importantly, ParkingEye’s own email effectively concedes that the NtKs were sent to the wrong address. In those circumstances, they cannot lawfully rely on PoFA to pursue you as keeper. They also cannot “fix” that by simply pushing the matter to debt recovery.

What they should have done once you made them aware that the NtKs were not served is simple:

• Either cancel the charges, because keeper liability cannot be created without a properly served NtK; or
• If they wanted to continue pursuing the keeper (which they can’t under PoFA in this scenario), they would need to reissue fresh notices to the correct address and give the keeper the normal opportunity to challenge them. At that point, the keeper is entitled to a fair appeal window (not a made-up 7 days), and if rejected, a POPLA code.

In short, the “7 days” point is a distraction. Your appeal already exists in the complaint, and the substance is fatal to their case: no served NtK + driver not identified = they cannot hold the keeper liable.

If ParkingEye want to waste money, let them. Your response now should force them to either cancel or issue POPLA codes. POPLA will not uphold keeper liability where the driver is not identified and PoFA conditions were not met.

Respond to ParkingEye/CPP with the following:

Quote

Subject: Formal complaint was the appeal (PPSCoP) – NtK not served – no keeper liability – cancel or POPLA

Dear ParkingEye Complaints Team,

PCNs:

Vehicle registration: [VRM]Your email confirms that correspondence for the PCNs was posted to my previous DVLA address and that you only amended my address after my contact in December. That is the core issue: the Notices to Keeper were not served at my correct address for service.As I stated in my formal complaint, because no Notice to Keeper was served on me within the relevant period in accordance with Schedule 4 of the Protection of Freedoms Act 2012, you cannot transfer liability to me as Keeper. The driver has not, and will not be identified.You also claim that although you granted “late appeal” access on 08/12/2025, no further appeal was submitted within 7 days. That point is irrelevant. The appeal point was already made in the formal complaint, and under the Private Parking Single Code of Practice a complaint relating to a parking charge must be treated as an appeal. There was therefore no requirement for a separate appeal submission within an arbitrary 7-day window.Once you were put on notice that the original NtKs were not served, you should have either:1. Cancelled the PCNs, as Keeper liability cannot arise without a properly served NtK; or2. If you wished to continue pursuing the matter, issued fresh notices to the correct address and afforded the Keeper the proper opportunity to challenge each notice (including, if rejected, the issue of POPLA verification codes).Instead, you have attempted to close the complaint and divert the Keeper to debt recovery. I will not engage with DCBL. They have no standing and will be ignored.You must now do one of the following for each PCN:

A) Confirm cancellation; orB) Issue a valid POPLA verification code for each PCN.

If you refuse to cancel and refuse to issue POPLA codes, while continuing enforcement despite the admitted non-service of the original NtKs, I will escalate this matter to the BPA AOS Compliance Team and the DVLA as a clear breach of the PPSCoP and continued misuse of Keeper data.For the avoidance of doubt, POPLA will be informed that the driver remains unidentified and that you cannot rely on PoFA keeper liability due to non-service.Data rectification/erasure – your responsibilityYou state that if I require DCBL to make changes to personal data I should contact them directly. That is incorrect.ParkingEye obtained my data from the DVLA and instructed DCBL to process my personal data for enforcement. ParkingEye is therefore responsible for ensuring that any third party acting on your behalf processes accurate data and that any old/incorrect address data is rectified and erased. You do not discharge your obligations by telling the data subject to chase your agent.Accordingly, you must confirm, in writing, that:

a) my current address for service has been updated on all of your systems; andb) you have instructed all third parties/agents you have engaged (including DCBL) to update my address and permanently erase any old/incorrect address data from their records.

Yours faithfully,[Keeper name][Address for service][/list]

Hi I have received below reply from Parkingeye, would you be able to assist further from here as I feel lost now.

FW: New complaints submission | Ref: 60216 - 328809/283827 & 438913/539865

PELComplaints
To:  me
 ·
Wed 21 Jan at 09:15
Message Body
Dear Mr AA,


We are writing in relation to your recent correspondence.

We would refer you to our previous correspondence dated 24/12/2025, as our position remains unaltered.

Parkingeye Complaints Team have now closed complaint reference #60216, and this is our final response.

 

Kind regards,

Parkingeye Complaints Team