Author Topic: ParkingEye PCN – unclear allegation, contradictory records, POPLA assumed I was the driver  (Read 607 times)

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I’m looking for informed views on a ParkingEye parking charge where the core issue is not mitigation, but unclear allegations, contradictory evidence, and procedural errors.

What happened 
A vehicle of which I am the registered keeper was issued a ParkingEye PCN at a pay-and-display car park. I was not the driver on the day and I have never identified the driver.

From the outset, the problem has been that ParkingEye never clearly stated what the alleged breach actually was.

The PCN / NTK problem
The Notice to Keeper does not clearly specify a single breach. It refers to:

either failure to pay for parking, or

an overstay of the permitted period.

Both are presented, but neither is clearly identified as the allegation. The online portal initially described the issue as non-payment, while later correspondence leaned toward overstay. This ambiguity made it impossible to know what was actually being alleged.

Internal contradictions (SAR disclosure)
After submitting a Subject Access Request, ParkingEye disclosed internal records that directly contradict each other:

One internal “whitelist” / payment record shows:

payment was logged,

a two-hour stay was authorised,

with a valid period recorded.

A separate internal system record for the same event states:

“Paid duration: 0 minutes”

“Allowed duration: 0 hours”.

These records cannot both be correct. ParkingEye has never explained:

how these conflicting records arose, or

which one was relied upon to issue the charge.

No audit trail, reconciliation logs, or backend explanation were provided.

Driver identity and POPLA
I consistently stated that I was not the driver and did not provide driver details.

Despite this, POPLA treated narrative wording referring to payment as an admission that I was the driver, even though no name or address for service was ever provided. In my understanding, payment does not identify the driver, and keeper liability cannot arise without POFA compliance.

POPLA also refused to engage with the contradictory records, stating that rebuttal evidence amounted to “new grounds”, while simultaneously accepting ParkingEye’s inconsistent data at face value.

Where this now stands

The operator relies on unclear allegations (non-payment vs overstay).

Its own disclosed records contradict each other.

The driver was never identified.

POPLA assumed driver identity and did not resolve evidential conflicts.

This now appears to be heading toward court, and I’m trying to sanity-check:

whether an NTK that does not clearly specify the alleged breach can found liability;

whether contradictory internal records undermine reasonable cause and evidential reliability;

whether POPLA was entitled to infer driver identity from payment-related wording. and chose to ignore parking eyes own evidence where correspondence stated I was not the driver. which I can clearly prove but will not at this stage.

A further issue is the complete failure to properly apply grace and consideration periods, despite clear evidence.
I provided bank transaction evidence showing payment was made during the stay. ParkingEye’s Popla disclosure then included a “whitelist” record (compiled in a Word document) which matched my transaction time and showed a two-hour authorised parking period. Despite this, neither ParkingEye nor POPLA addressed the practical reality that time is required to return to the vehicle after the paid period ends. The assessment treated ANPR timestamps as absolute, without accounting for the mandatory exit grace period or the time between leaving the vehicle, paying, and returning.

In effect, evidence was acknowledged but not applied.
The whitelist record was not disputed, yet it was never reconciled with enforcement data showing “Paid Duration: 00:00”. This contradiction was simply ignored rather than tested, and the charge upheld regardless. That failure to reconcile the operator’s own records is at the heart of the dispute.

What’s been most frustrating is discovering that every official complaints route seems to stop short of addressing the actual problem.
I’ve raised this with POPLA, the BPA, DVLA, Trading Standards and the ICO. Each body looks only at its own narrow remit, and none will engage with the core issue: contradictory evidence and unclear allegations being relied upon to pursue keeper liability. POPLA won’t test conflicting data, the BPA won’t intervene in individual cases, the DVLA focuses only on whether data could be requested at the time, and Trading Standards treat complaints as intelligence rather than disputes. The result is an endless loop where everyone acknowledges the complaint but no one resolves the inconsistency that caused it in the first place.

This leaves court as the only forum where evidence is actually tested and contradictions must be explained.
That’s not because the charge is strong, but because the oversight framework doesn’t deal with factual disputes — it just processes them. I’m sharing this so others understand that exhausting complaints routes doesn’t necessarily mean the issue lacks merit; it often just means you’ve reached the limit of what those bodies are designed to do.

Any legally-grounded views welcome.

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The contradictory records do appear to create a fair amount of doubt, which ought to work in your favour.

As for the alternative allegations, you could make the argument that they have failed to comply with 9(c) of PoFA and therefore you can't be liable as keeper.

For a bit of a sense check as to what's actually happened - how long did the driver pay for, and how long was the vehicle recorded on site by ParkingEye's systems?

Could do with seeing both sides of the original PCN.

Regarding the grace period I don't think you understand how that works in this case the grace period was a minimum of 10 minutes, if the driver paid for 2 hours your total allowed time on site would be 2hrs 10 mins, if the driver overstayed that they'd get a PCN. Using the ANPR entry and exit times is normal and not usually an arguable point.

If the PCN was POFA complaint (Parkingeye's normally are despite some arguments on here) whether you were driving or not is a relatively moot point as they can hold the keepper liable.

If the PCN was POFA complaint (Parkingeye's normally are despite some arguments on here) whether you were driving or not is a relatively moot point as they can hold the keepper liable.
I think that rather depends on the point I raised above. I'm not sure I'd agree they have described "the circumstances in which the requirement to pay [the parking charges] arose" if they have provided two different alleged reasons.

(Parkingeye's normally are despite some arguments on here)
Whilst I do take the view that most judges would probably rule that ParkingEye's standard wording is PoFA compliant, please remember not to state things as if they are fact when they are open for interpretation (unless you are aware of any persuasive or binding rulings on the particular point).

Show us the original PCN showing both sides but redacting only personal info. Leave all dates showing.



I wasn’t the one driving my car that day, but I now have all the timings from ParkingEye’s own records. According to their ANPR cameras, the vehicle drove into the car park at 14:09:38 and left at 16:26:41. That adds up to 2 hours 17 minutes on site, but that’s just from camera-to-camera — it doesn’t show how long the vehicle was actually parked, only the time it was physically inside the boundary.
The person who was driving paid for parking shortly after arriving, and ParkingEye’s whitelist confirms this. Their system shows a two‑hour parking session was authorised from 14:14 to 16:14. So the few minutes between entry and payment — roughly 4 minutes and 22 seconds — was simply the driver finding a bay, reading the signs, walking to the machine and making the payment. The BPA calls this the “consideration period.” It’s a protected allowance that must be given to every driver so they can decide whether to stay, and it has no fixed limit — it just has to be reasonable. In this case, the driver’s arrival-to-payment time was completely normal.
After the paid parking session ended at 16:14, the BPA/IPC Single Code requires a mandatory 10‑minute grace period before any parking charge can be issued. That means the vehicle was allowed to leave anytime up to 16:24 without penalty. The actual exit was recorded at 16:26:41, which is only 2 minutes and 41 seconds after the grace period — a tiny delay that could easily be caused by queues, pedestrians or slow traffic around a holiday park. That’s not evidence of overstaying the whole 2 hours and 17 minutes; it’s a normal departure delay.
,
To make things even more confusing, the SAR disclosure from ParkingEye included contradictory internal data — one part shows the proper authorised period of 14:14 to 16:14, but another part claims “Paid Duration: 00:00 / Allowed Duration: 0h 0m.” That contradiction doesn’t match their own whitelist and raises questions about their record accuracy.
So in reality, the timeline looks like this:

14:09:38 — Vehicle enters the site (ANPR)
14:14 — Paid session begins (confirmed whitelist)
14:14 → 16:14 — Paid 2‑hour authorised period
16:14 → 16:24 — Mandatory 10‑minute BPA grace period
16:26:41 — Vehicle leaves (2m41s after grace) no grace applied during the appeals

wording on the NTK shows the following

PARKING CHARGE INFORMATION Ltr01-217
On the 14 August 2025 vehicle ........ entered the Ruda Holiday Park - Croyde Bay Pay & Display car park at 14:09:38
and departed at 16:26:41 on 14 August 2025.
The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and
that the car park is managed by Parkingeye Ltd. In addition the signage states that, as a paid parking car park, a Parking
Charge is applicable if the motorist fails to make the appropriate tariff payment. The signage also contains further terms and
conditions associated with this car park by which those who park in the car park agree to be bound.
By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in
accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to Parkingeye Ltd (as
the Creditor).
« Last Edit: February 02, 2026, 03:15:21 am by greenwedge »