Free Traffic Legal Advice

Can you please confirm that when you appealed to PE, you did two separate appeals, one for each PCN.

You have 33 days from the appeal rejection date to appeal to POPLA, so no rush.

Please show us the appeal rejection letter from PE for the 22/10 PCN.

Regarding the other appeal which was sent on 12/11, they have 28 days to respond as per section 8.4.1 of the Single Code of Practice (SCoP) which states:

b) requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, requires the parking operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information;

It's not been 28 days yet. On day 28, if you've not heard back from them, send them a message quoting Section 8.4.1 of their own SCoP.

OK, so you have 33 days from the appeal rejection date (they allow 5 days for service of the letter). You can start putting together a POPLA appeal, only as the Hirer, and telling them that their Notice to Hirer (NtH) did comply with ALL the requirements of PoFA and therefore cannot hold you liable as the Hirer. Only the driver is liable and you are under no legal obligation to identify the driver and decline to do so.

Did you send the response to PEs request for driver details as I advised? If not, why not? Now you have to explain it all to POPLA in great detail.

Add in any other points of appeal, such as the frustration of contract due to the payment failure etc. Search the forum for other POPLA appeals to give you an idea of how to format it.

Thanks all

b789 I did send a response to PE's request for further information and driver details as you advised - using a similar letter to the one you posted - they then sent me the appeal rejection and POPLA code.

Below is my planned appeal letter to POPLA (not yet sent), any feedback very welcome:

Dear Sir/Madam

This car was a hire car and I am appealing as the hirer of the vehicle.

1) The notice to hirer sent by Parking Eye on did not comply with all the requirements of paragraph 14 of the Protection of Freedoms Act 2012 (PoFA) and they therefore cannot hold me liable as the hirer. Only the driver may be liable and I am under no legal obligation to identify the driver and I decline to do so.
The notice to hirer did not meet the requirements of PoFA 14(2)(a) as it did NOT include a copy of any of the following:
a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
b) a copy of the hire agreement; and
c) a copy of a statement of liability signed by the hirer under that hire agreement.

2) On the “Date of Event” (22/10/24) the payment machine at Challaborough Bay Pay and Display Kingsbridge was not functional. The driver contacted Evology as advised on their website to ask how to make payment, and received no reply. Please refer to uploaded screenshot from the driver's phone - "evologynoreply"

3) In other correspondence with Evology on WhatsApp on 22/10/24 regarding another parking “event” they replied “We are aware of a technical issue with the site yesterday/today, therefore no payment needs to be made for yesterdays parking”. “Yesterday/today” refers to 21/10/24 and 22/12/24. Please refer to uploaded screenshots from the driver's phone "evologytechnicalfault"

Thank you for considering

Yours sincerely

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Chase them along the lines of the below and see what you get back. If all else fails you could submit a Subject Access Request.

Apologies - I was referring to the one you've not heard back on yet. I'll take a look at the POPLA appeal later.

Hi all and happy new year!!
If anybody has a chance I would appreciate any feedback on my POPLA appeal (in post #20). Many thanks

Thanks for the advice. POPLA appeal sent

With regard to the reply sent on 21/12/24 (see below) I have had no reply. In the interest of getting a cancellation notice from PE would you advise sending a Subject Access Request now?

For the PCN from "parking event" on 21/10/24 I have as yet received no response to my appeal (sent on 12/10/24)


Here is my planned letter to PE (unsure where to send it though - can I upload to their website in the same way as I did the initial appeal?). Any advice on how I can best obtain a letter from PE confirming that they have cancelled the PCN (in order to claim the admin fee from the car hire company):

Dear Parking Eye

PCN number...xxxx
Date 21/10/24
Registration...xxxx

It has been 35 days since I submitted my appeal as hirer of the vehicle (submitted on 12/11/24) for the above PCN and I have had no response from you.
Section 8.4.1 of the single code of practice (SCoP) “requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is no concluded within 28 days, requires the operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information”. You have failed to do this, so please can you confirm to me as hirer of the vehicle that you cannot hold me liable and will not pursue me any further.
Yours sincerely