Free Traffic Legal Advice

Except I'm not, I am acting on behalf of the Keeper as they are unable to manage dealing with any of this. So that was why I wanted to just double check about using my email address for all correspondence as I can email 'as the Keeper'.
On the appeals page for Parking Eye, it asks for Personal Details and there is the drop down option at the top which says 'I am the 'Driver, or Registered Keeper/Driver, or Registered Keeper, Hirer/Lessee or None of the Above' so I am selecting Registered Keeper..... all agree?

The most important rule is that all contact with ParkingEye must be in the name of the Registered Keeper, and must not admit or imply who was driving. Even though you are not the Keeper, you can send correspondence such as a Data Rectification Notice on behalf of the Keeper, provided it is written from the Keeper’s perspective. A signed Letter of Authority is not required at this stage but can be provided later if requested.

It is acceptable for the DRN to be sent from your email address, as long as the content is framed as coming from the Keeper. This is appropriate given the Keeper’s vulnerability and inability to manage the matter directly. The DRN should include a statement that, due to the Keeper’s disability, all future correspondence should be sent via your email address as their appointed point of contact. ParkingEye routinely accept such arrangements and may ask for formal authorisation later, but this does not need to be supplied immediately.

The DRN must confirm that the address ParkingEye used is outdated and that the Keeper did not receive the notice until it was passed on. It must also request that the old address be erased and replaced with the Keeper’s current and correct address for service as required under Article 16 of the UK GDPR. This is a rectification of personal data to ensure that any future correspondence, including appeal outcomes or legal documents, is properly served.

You should ask ParkingEye to confirm in writing that their records have been updated and that all future correspondence will be sent to the corrected address and email. Once you have that confirmation, you can then proceed to submit a formal appeal. It is unlikely that the appeal deadline has expired, since the parking event was on 1st April and the Notice to Keeper was issued on 4th April. The DRN is simply being submitted first to ensure that the forthcoming appeal is not delayed or misdirected.

Yes, it would be entirely appropriate and advisable to mention the Keeper’s disability in the Data Rectification Notice (DRN) email. This provides a legitimate basis — under both the UK GDPR and the Equality Act 2010 — for requesting that all future correspondence be directed to your email address. It supports the argument that this is a reasonable adjustment, and it also gives context as to why you're acting on the Keeper’s behalf.

Mentioning the disability also helps avoid confusion later if ParkingEye queries why correspondence is being handled by a third party. Importantly, you do not need to go into any detail about the condition itself — a simple and respectful explanation is sufficient.

Here is the final section of the DRN wording adjusted to include that point:

The Keeper also requests that all future correspondence, including any responses to this rectification notice, any appeal, or any further action, be directed to this email address. The Keeper is unable to manage written correspondence or administrative matters independently due to a recognised disability, and I am assisting them with their full knowledge and consent. This request is being made both under Article 16 of the UK GDPR and as a reasonable adjustment in line with the Equality Act 2010.

Please confirm by return that the address has been updated and that all future correspondence will be sent to the corrected postal and email address. If you require a signed Letter of Authority, please let me know and it will be provided. A formal appeal will follow once this data rectification request has been acknowledged and actioned.

I have had a reply from the Parking Eye Privacy Team:
Dear XX,

Thank you for your email.

Please note, we will be unable to provide personal data without signed written authority from the person named on the charge due to Data Protection legislation. Written Authorisation can be sent either via email or by post to the below address.

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,
 
Parkingeye Privacy Team


Have I got to get the Keeper to email them from their email address in that case? I wrote the DRN exactly as you outlined, with the additional paragraph about the Keeper requested all future correspondence being directed to this email address (mine).

As they don't have the Keepers email, what is the best course of action at this point? To have the Keeper email with the exact same DRN with an additional Letter of Consent signed by the Keeper attached?

This reply confirms that they have not yet actioned the Data Rectification Notice (DRN) because they require written authority from the Keeper to deal with you directly. This is a standard but cautious approach under the UK GDPR, and it does not invalidate your DRN — it simply pauses action on it until formal authority is given.

Here is a Letter of Authority template, followed by a suggested cover email you can send to ParkingEye along with the signed LoA, referencing the prior Data Rectification Notice and reiterating the request for reasonable adjustments.

LETTER OF AUTHORITY (to be signed by the Keeper)

To: ParkingEye Ltd

I, [Full Name of Keeper], confirm that I authorise [Your Full Name] to act on my behalf in relation to Parking Charge Notice number [PCN Reference Number]. This includes all communication, appeals, complaints, and correspondence with ParkingEye Ltd and any third parties acting on their behalf.

This authorisation is given because I am unable to manage this matter myself due to my disability.

Please treat this authorisation as valid until further notice.

Signed: ______________________

Name: [Full Name of Keeper]
Address: [Correct and current address of the Keeper]
Date: [Insert Date]

The Keeper should sign this by hand (or digitally if that's all they can manage) and you can scan or attach a photo or PDF of it to your email.

COVER EMAIL TO ACCOMPANY THE LOA

Subject: Re: Data Rectification Request – PCN [insert reference number]

Dear ParkingEye Privacy Team,

Further to my previous email dated [insert date], please find attached a signed Letter of Authority from the Registered Keeper of the vehicle, [Full Name of Keeper], in relation to Parking Charge Notice [insert reference number].

As previously explained, the Keeper is unable to manage correspondence due to a disability and has asked that I act on their behalf.

I now formally reiterate the Data Rectification Notice submitted under Article 16 of the UK GDPR. The address currently held by ParkingEye is no longer valid and must be rectified and replaced with the following:

[Insert correct full postal address]

Furthermore, as a reasonable adjustment under the Equality Act 2010, we request that all future correspondence — including responses to this request, appeal communications, or any enforcement notices — be directed via this email address.

Please confirm that the Keeper’s data has been updated accordingly.

Yours faithfully,

[Your Full Name]
On behalf of: [Full Name of Keeper]

Morning. I thought it might be helpful to share the automated response to the email sent to the Privacy team, in case there is anything in there that can be used or is helpful. Other than that, I am taking your advice and I am going to wait on a response before submitting the appeal (which admittedly, I could do with help on the wording of it if that was not too much to ask).
PLEASE NOTE THIS IS AN AUTOMATED RESPONSE
Thank you for your email.

Please note that this inbox is for privacy related queries only.

Where your query does not concern a privacy matter, we will endeavour to pass your email to the appropriate team, however, you will not receive a response directly from the Privacy Team.

PLEASE SEE BELOW FOR FURTHER INFORMATION ABOUT APPEALS.

If your email does concern a privacy query, the Privacy Team will endeavour to respond to your query at the earliest possible opportunity.

If you are contacting us regarding any of the individual rights provided for within the GDPR (such as the Right of Access (subject access request)), our initial response may not be our final response.

We are required to verify your identity before passing you information and we may need to contact you upon receipt of your query to clarify your request. We will be unable to process your request until we have all required information.

APPEALS PROCEDURE

Please be advised that appeals are not dealt with via this email address. If you have received a Parking Charge and wish to appeal, please follow the below procedure.
All appeals must be submitted online or to the address detailed below. Appeals should be submitted within 28 days of the delivery of the Parking Charge. Supporting evidence should be attached to assist with an appeal. If the appeal is unsuccessful, you will be advised in writing and you will also be provided with details of the Independent Appeals Service (POPLA), their contact details and a unique appeal reference. Further information on the appeals procedure can be found on the reverse of our initial correspondence or on our website.

Please note: POPLA will not accept an appeal if you have not appealed to Parkingeye in the first instance.
Please write to: Appeals Department, Parkingeye, P.O. BOX 117, Blyth, NE24 9EJ.
Online: www.parkingeye.co.uk/appeal

Please find below some of our Frequently Asked Questions which may assist you with your enquiry:

Where can I find my reference number?
The Parking Charge reference number can be found on all correspondence issued by ParkingEye. This is usually located on the top right of the Parking Charge Notice issued. Please be advised, when using the automated payment line, any non-numerical characters within the Parking Charge Reference should be replaced with the star key.

I was not the driver; how can I transfer liability?
Please visit www.parkingeye.co.uk/appeal and select ‘I was not the driver of the vehicle’ as your reason for appeal. Here you will have the opportunity to provide the full details of the driver/hirer. Alternatively you can write to us at our postal address

What is the status of the Parking Charge?
You can view the status of your Parking Charge by clicking here and entering your Parking Charge reference number, along with your vehicle registration. Please note, it may take up to 24 hours for our systems to update after a payment has been made.

How can I pay the Parking Charge?
Payment for the Parking Charge can be made on our website or by calling our automated payment line on 0330 555 4444. Alternatively, a cheque or postal order can also be sent to: ParkingEye, P.O Box 565, Chorley, PR6 6HT. Please ensure you quote your 12-digit reference number on the back of your cheque or postal order to ensure correct allocation.

My Parking Charge was cancelled and I have not received my refund. When will I receive this?
A refund cheque may take up to 28 days to be received. If you are not in receipt of your refund cheque within 28 days, please contact ParkingEye by visiting www.parkingeye.co.uk/appeal or in writing to the postal address above.

I am trying to pay for parking on your car park, how can I do this?
For information on how to pay for parking, please refer to the signage situated within the car park. Please note, ParkingEye do not have the facility to accept any retrospective payments to park and we advise payment is made on the day of parking.

There was an incident involving another vehicle on your car park, how can I get a copy of your CCTV?
It should be noted that ParkingEye operate using ANPR cameras and do not use CCTV. Due to Data Protection regulations, we are only able to supply information to the Police or under a Court Order.

Yours faithfully,

ParkingEye

Parkingeye Limited | 40 Eaton Avenue | Matrix Park | Buckshaw Village | Chorley | PR7 7NA
Registered in England and Wales – No 5134454

Thank you for the update. That reply from ParkingEye’s Privacy Team confirms that they have accepted the Letter of Authority, updated the address for this specific PCN, and are now corresponding with you.

You say the disability is not a reason for the overstay in this particular case. Do you specifically want to argue that the driver also has a protected condition and it contributed to their time on site?

Appealing to ParkingEye’s “better nature” won't yield anything meaningful. They are a data-driven operation that rejects the majority of appeals at the first stage as a matter of routine. The strategy needs to be legally grounded, procedurally robust, and show them that you know how to escalate, and will — especially to POPLA, and potentially beyond.

That said, you’ve now got three solid angles:


Appeal with the following:

Subject: Appeal – Parking Charge Notice 588456/770105

Dear Appeals Department,

I am submitting this appeal as the Registered Keeper of the vehicle in relation to the above Parking Charge Notice. Your Privacy Team has confirmed receipt of a signed Letter of Authority and has acknowledged that I may correspond on the Keeper’s behalf. Please ensure that all future correspondence is directed to this email address, as the Keeper is unable to manage the matter personally due to a long-standing disability.

The Parking Charge Notice was not received until it was forwarded on from the Keeper’s former address. Although the Keeper had updated their driving licence promptly after moving, they were not aware that the V5C logbook required a separate update. This has since been rectified, and the Privacy Team has confirmed the new address is now on file. The late receipt of the notice rebuts the presumption under paragraph 9(6) of the Protection of Freedoms Act 2012, and the notice was therefore not “given” within the required 14-day period under paragraph 9(4).

Further, the Notice to Keeper fails to comply with paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms Act 2012. It does not include the mandatory invitation to the Keeper to pay the unpaid charge, which is a statutory requirement in order for liability to transfer from the driver to the Keeper. Because of these procedural defects, ParkingEye cannot rely on PoFA to pursue the Keeper for the charge.

In addition to the above, the signage at the site is not sufficiently clear, particularly at night. The incident occurred between 22:40 and 00:29, in a mostly empty car park attached to a McDonald’s restaurant. There is no obvious way to pay for additional time beyond the 90-minute limit, nor is it clear why a customer of the on-site restaurant — who made a legitimate purchase and remained within the premises — would be expected to monitor the time in such circumstances.

The driver, who remains unnamed, has a diagnosed neurodevelopmental condition (ADHD), along with associated mental health difficulties. These are confirmed and on record with their GP. These conditions affect executive function, time awareness, and attention to environmental detail. The driver was not aware of any signage at the site, as it was dark, the car park was largely empty, and there was no reason to assume that restrictions would apply while consuming a purchased meal on the premises. Given the disability involved, ParkingEye is subject to the duties imposed by the Equality Act 2010 and is required to make reasonable adjustments to its enforcement approach where a protected individual is involved. I am formally raising this as a matter you must consider in the context of this appeal.

For the avoidance of doubt, I am appealing as the Registered Keeper only. The identity of the driver is not being provided, and I am under no obligation to do so. Please do not infer or assume the driver’s identity in any further correspondence.

I request that this charge be cancelled. If you decide not to do so, I expect to be issued with a POPLA code without delay so that the matter can be referred to independent adjudication.

Yours

[Your Name]
On behalf of the Registered Keeper