Author Topic: Parking eye PCN - overstay - Farmfoods brierley hill  (Read 4078 times)

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Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #15 on: »
For the record, I'm quietly confident that we can word a single appeal point POPLA appeal which they will find very difficult to rebut.

Let's deal with that once you reach that stage.
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Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #16 on: »
Hello again!

As expected, the appeal has been denied. I’ve pasted the response below (cut out the bit re how to pay as didn’t seem relevant) - if anybody is able to suggest the next step please, would be appreciated!

Thank you for your appeal in relation to the Parking Charge incurred on 22 February 2026
at 14:36, at Farmfoods Brierley Hill car park.
We have reviewed the details outlined in your appeal, but we are not in receipt of
sufficient evidence to confirm that the terms and conditions were not breached. The
signage displayed on site confirms that there is a maximum stay time in operation. Our
records confirm that on the date of the event, the maximum stay time allowed was
exceeded.
We are writing to advise you that your recent appeal has been unsuccessful and that you
have now reached the end of our internal appeals procedure.
If you wish to have your case independently assessed, please be advised, there is an
independent appeals service (POPLA) which is available to motorists who have had an
appeal rejected by a British Parking Association Approved Operator. Contact information
and further information can be found enclosed. See also www.popla.co.uk
By law we are also required to inform you that Ombudsman Services (www.ombudsman-
services.org/) provides an alternative dispute resolution service that would be competent
to deal with your appeal. However, we have not chosen to participate in their alternative
dispute resolution service. As such should you wish to appeal then you must do so to
POPLA, as explained above.
Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the
driver can appeal to POPLA (Parking on Private Land Appeals).
As a gesture of goodwill, we have extended the discount period for a further 14 days from
the date of this correspondence. If you appeal to POPLA, you will not be able to pay the
discounted amount in settlement of the Parking Charge, and the full value of the charge
will be outstanding. In addition, if your appeal to POPLA is unsuccessful, you will no
longer be able to pay the discounted amount and the full value of the charge will be due.

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #17 on: »
Just wondered if anyone’s had chance to look at this yet please?

I’m 50/50 on just paying it to avoid the stress of it but that’s exactly what they bank on, isn’t it?

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #18 on: »
I can come up with something.

Give me 24 hours or so.

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #19 on: »
Thanks so much!

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #20 on: »
For the record, I'm quietly confident that we can word a single appeal point POPLA appeal which they will find very difficult to rebut.

I can come up with something.

Give me 24 hours or so.
Any update, a slam dunk POPLA appeal based on POFA wording non-compliance would be pretty useful in a number of current cases?

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #21 on: »
POPLA Appeal.

I am making this appeal as the Registered Keeper of the vehicle in question.

The driver is not known to the parking operator.

Having examined the NtK, I can see that the notice is not compliant with PoFA as it is missing both key wording and a legal choice which must be presented to the vehicle keeper.

PoFA Schedule 4 Paragraph 9(2)(e) specifies the following;


THE NOTICE MUST STATE that the creditor does not know both the name of the driver and a current address for service for the driver AND invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;


So, in order to be compliant, we are looking for a paragraph within the NtK which sets out the section of mandatory wording which is then immediately followed by the two limbed legal choice required by 9(2)(e)(i) and 9(2)(e)(ii) - the two limbs of the legal choice should be separated by the Boolean operator "OR" and the two limbed choice must be presented as 'an invitation to the keeper'.

PLEASE DO NOT CONFUSE THE REQUIREMENTS OF 9(2)(f) WITH THOSE OF 9(2)(e) / 9(2)(e)(i) / 9(2)(e)(ii) - 9(2)(f) represent 'warnings to the keeper' and NOT 'an invitation to the keeper'.

So, in accordance with POPLA Appeal Rules, I will put forward my appeal points which I require the parking operator to specifically rebut;


Appeal Point One.

The NtK does not meet the requirements of PoFA Schedule 4 Paragraph 9(2)(e) - Demonstration of compliance is easily established since the NtK is available for examination - I therefore ask the operator to supply a copy of their NtK, to the POPLA Assessor, which includes an orange rectangle highlighting both the required mandatory wording and the subsequent two limbed legal invitation to the keeper, separated by the word "or" which 9(2)(e) requires.


Appeal Point Two.

In particular, the NtK does not set out the 'invitation to the keeper to pay the unpaid parking charges' as required by 9(2)(e)(i) - I once again ask the operator to prove compliance by providing a copy of their NtK which highlights (using a yellow rectangle) the first limb of the legal choice which requires the NtK to invite the keeper to pay the unpaid charges.

Please do not confuse the driver with the keeper when making responses.


Both of these appeal points relate to 9(2)(e) and there is no need for the parking operator to demonstrate compliance with other sections in an effort to skip over the missing components of 9(2)(e).

Please respond using the point numbers above as to demonstrate specific rebuttal as required by POPLA.



Best wishes,

xxxxxxx xxxxxxxxx
« Last Edit: March 30, 2026, 08:46:02 am by InterCity125 »

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #22 on: »
I sent the above off and received a reply which suggests it needs to go to POPLA, what do you think?


Reference: Parking Charge Notice - 539430/739720
POPLA Ref: 6060756175
Dear Sir / Madam,
Thank you for your further correspondence in relation to the Parking Charge incurred on
22 February 2026 at 14:36, at Farmfoods Brierley Hill car park.
After reviewing the case we can see that you have already been provided with a POPLA
reference and notification that the appeal has been rejected.
If you do not agree with this decision, then you are able to submit an appeal to POPLA
using the POPLA reference quoted at the top of this letter. Further information and
instructions of how to make an appeal can be found within the rejection notification and
via POPLA’s website www.popla.co.uk.
As you have reached the end of our internal appeals process, we kindly advise that any
further appeal points you wish to make are raised within an appeal to POPLA.
Alternatively, a payment can be made by telephoning 0330 555 4444, by visiting
www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your reference
number on the reverse of any cheque/postal order so the payment can be allocated.
Yours faithfully,
Parkingeye Team

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #23 on: »
Yes - send to POPLA using the code which they provided.

Re: Parking eye PCN - overstay - Farmfoods brierley hill
« Reply #24 on: »
Will do, thank you!