Author Topic: Parking Eye PCN sent to old address even though DVLA had updated address and driver has new licence - can it be ignored?  (Read 4941 times)

0 Members and 117 Guests are viewing this topic.

Please remind us, was SAR sent to ParkingEye?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Yes, Subject Access Request was sent to them on 14th April and they replied:
Dear Ms X,
 
We thank you for your correspondence.
 
Please be advised that your full Subject Access Request has been received and we can confirm that this will be issued within the applicable timeframe as per our GDPR obligations.
 
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

Hello again,
I have received the expected response from ParkingEye with the Popla reference number and could really do with some help on next steps if possible. A copy of the response is below, naturally offering us a 'final chance' to pay the 'reduced' parking fine of £60 if paid within the next 14 days.
I apologise if this has been answered before but what do I need to do next? I do not want to get any part of this wrong, and give these people any wriggle room. My son is prepared to hold out, but I have to do all the writing and emailing as he is unable to manage this.
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ
02 June 2025
Reference: Parking Charge Notice - 588456/770105
POPLA Ref: 6061535201
Dear Sir / Madam,
We are writing in relation to the Parking Charge incurred on 01 April 2025 at 00:29, at
McDonald's Crossbush Service Station, Littlehampton car park.
Parkingeye have previously requested further evidence in response to the appeal that
was submitted and provided 28 days for this to be sent to us. The 28-day period has now
passed, and we are not in receipt of any further correspondence or evidence to confirm
that the terms were not breached.
Parkingeye are a member of the British Parking Association and can confirm that there is
adequate signage outlining the terms and conditions at this site.
We are writing to advise you that your 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.ombudsmanservices.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.
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.
Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
If you have received this correspondence via email, please allow 24 hours for our
systems to reflect the discounted value before making a payment via our automated
payment line or website.
Yours faithfully,
Parkingeye Team
POPLA administered by The Ombudsman Service Limited
Registered Office: POPLA, PO Box 1270, Warrington, WA4 9RL. Registered in England and Wales.
Company registration number: 4351294 VAT registration number: 798 3441 79
The quickest and easiest way to submit your
appeal is online. This usually takes 15 minutes.
Simply visit www.popla.co.uk to get started.
Grounds for appeal
The grounds under which you can appeal a parking charge notice are:
1. My vehicle was stolen.
2. I wasn’t improperly parked.
3. The amount requested on the parking charge notice isn’t correct.
4. I wasn’t the driver or the registered keeper of the vehicle at the time of the alleged
improper parking (not valid for Scotland or Northern Ireland appeals)
5. Extreme circumstances prevented me from parking correctly.
6. Other
How to appeal to POPLA
Once you’ve appealed directly to the Operator about your Parking Charge Notice, they’ll give
you a 10-digit verification code that enables you to bring your appeal to us. You must use
this within 28 days of the date of the Operator’s rejection notice.
The quickest and easiest way to submit your appeal is online at www.popla.co.uk. The
benefits to submitting your appeal online include:
 The process begins immediately and takes 15 minutes.
 You can manage and track the status of your appeal online.
 You’re able to instantly upload supporting information and view what the Operator
submits.
 You’ll get a faster decision.
 Reduce your carbon footprint by going paperless.
If you’d prefer to submit your appeal to us by post, please use the enclosed form. The
completed form and copies (not originals) of all supporting information (i.e. photographs or
documents) need to reach us within 28 days of the Operator issuing their notice of rejection.
We recommend getting a certificate of posting when you send your submission. Please be
aware that nothing you send us can be returned.
Late appeals can only be considered in exceptional circumstances, at the Assessors
discretion. We’ll need you to include a clear explanation of why your appeal is late, either on
the form or on a separate sheet. We’ll also need copies of any supporting information, the
Operator’s rejection notice, and the envelope it was in (if it was posted).
POPLA administered by The Ombudsman Service Limited
Registered Office: POPLA, PO Box 1270, Warrington, WA4 9RL. Registered in England and Wales.
Company registration number: 4351294 VAT registration number: 798 3441 79
Appeals about parking charges issued in Scotland or Northern Ireland
We can now accept appeals relating to Parking Charge Notices issued in Scotland and
Northern Ireland, if you’re:
 The driver of the vehicle and the person who received the Parking Charge Notice, or
 Appealing on behalf of the driver who received the Parking Charge Notice.
If you’re appealing on behalf of the driver/ registered keeper, please include a letter from
them authorising you to act on their behalf.
If you require additional help and support
We’re happy to provide additional support to anybody who needs it. Please contact us by
phone where you’d find that helpful.
POPLA administered by The Ombudsman Service Limited
Registered Office: POPLA, PO Box 1270, Warrington, WA4 9RL. Registered in England and Wales.
Company registration number: 4351294 VAT registration number: 798 3441 79
Grounds for Appeal and Supporting Evidence
Providing evidence can help to support your case. When completing the form, please only
select genuine grounds for appeal. Most successful parking appeals are made on the
following four grounds:
1. My car was stolen
 Your vehicle was improperly parked after being
stolen.
 This doesn’t include circumstances where the
vehicle owner has given another person (e.g. a
friend or family member) permission to drive their
vehicle.
 The fact that you told the driver they could only
use your vehicle if they didn’t get a parking ticket
is not grounds for appeal.
Supporting evidence may include:
 A valid Crime Reference Number
 Police reports
2. I wasn’t improperly parked
 The vehicle wasn’t parked where the parking notice
said it was.
 You were still within the time you paid for.
 You didn’t overstay the free parking allowed in the car
park.
 You paid the correct amount for parking.
 Your car parking ticket was clearly displayed.
 The terms and conditions of the car park weren’t
properly signed.
 You were parked in an area where you were free to
park.
 You complied with the terms and conditions on the
signage.
Supporting evidence may include:
 Evidence of payment, such as your parking ticket.
4. I was not the driver or registered keeper
at the time (not valid for Scotland or
Northern Ireland appeals)
 You bought the vehicle after the alleged improper
parking.
 You sold the vehicle before the alleged improper
parking.
 You hired a car but weren’t the hirer at the time of the
alleged improper parking.
 You weren’t the driver at the time of the alleged
improper parking.
 You provided the drivers details, but the parking
operator continued to pursue you.
Supporting evidence may include:
 A copy of the V5C for the vehicle
 A copy of your hire agreement
 A copy of your communication with the parking
operator informing them of the driver’s details
4
3. The amount requested on the
parking charge notice is incorrect
 You’ve already paid your parking charge.
 You’re being asked to pay the wrong amount.
Supporting evidence may include:
 Evidence that you’ve paid your parking charge
and the date you paid.
 Evidence to demonstrate why you believe the
parking charge is incorrect.
POPLA administered by The Ombudsman Service Limited
Registered Office: POPLA, PO Box 1270, Warrington, WA4 9RL. Registered in England and Wales.
Company registration number: 4351294 VAT registration number: 798 3441 79
Further Information
POPLA (Parking on Private Land Appeals) is the UK’s largest private parking appeals
scheme, handling appeals about parking operators that belong to the British Parking
Association (BPA). Since 2015, POPLA has been operated by independent, not-for-profit
dispute resolution business, Flexible Resolution Services.
Our role is to review the information and evidence provided, to make an impartial decision on
whether a parking charge notice has been issued correctly.
We consider appeals against relevant parking charge notices issued in England and Wales.
We’re also able to consider relevant parking charges issued in Scotland and Northern
Ireland where the person appealing has received a parking charge notice and is the driver.
Receive your verification number.
When a Parking Operator rejects a motorist’s appeal, they should send a 10-digit verification
code with their rejection notice, enabling the motorist to use the POPLA service. If it’s not
been provided, you should request this from the Operator.
Prepare to share your evidence.
Providing additional information and copies of evidence can help to support a successful
appeal. This might include: a crime reference number (if the vehicle was stolen),
photographs (if you think the signage was inadequate), your pay and display voucher (if you
say it was displayed and had not expired) or any witness statements if applicable.
Submit your appeal.
Once you’ve completed the form and copied any supporting evidence, you can submit your
appeal by post. We must receive this within 28 days of the Operator issuing their rejection
notice. Please get a certificate of posting when you send it.
The Assessor will consider all of the information and evidence provided by both parties
alongside the BPA Code of Practice to determine whether your appeal should be allowed or
refused.
If the Assessor determines that you’re liable for the parking charge, they’ll refuse your
appeal. Conversely, if they determine that you’re not liable for it, they’ll allow your appeal.
About us
How the appeal process works
Our decision

That’s virtually unreadable, can you do something to fix this?

I've literally just copied and pasted the letter from Parking Eye with the additional Popla process, but here is the just the ParkingEye response.

This is the main part of the letter:
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ
02 June 2025
Reference: Parking Charge Notice - 588456/770105
POPLA Ref: 6061535201
Dear Sir / Madam,
We are writing in relation to the Parking Charge incurred on 01 April 2025 at 00:29, at
McDonald's Crossbush Service Station, Littlehampton car park.
Parkingeye have previously requested further evidence in response to the appeal that
was submitted and provided 28 days for this to be sent to us. The 28-day period has now
passed, and we are not in receipt of any further correspondence or evidence to confirm
that the terms were not breached.
Parkingeye are a member of the British Parking Association and can confirm that there is
adequate signage outlining the terms and conditions at this site.
We are writing to advise you that your 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.ombudsmanservices.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.
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.
Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
If you have received this correspondence via email, please allow 24 hours for our
systems to reflect the discounted value before making a payment via our automated
payment line or website.
Yours faithfully,
Parkingeye Team

And here is the Popla appeals part of it:
02 June 2025
Reference: Parking Charge Notice - 588456/770105
POPLA Ref: 6061535201
The quickest and easiest way to submit your
appeal is online. This usually takes 15 minutes.
Simply visit www.popla.co.uk to get started

Grounds for appeal
The grounds under which you can appeal a parking charge notice are:
1. My vehicle was stolen.
2. I wasn’t improperly parked.
3. The amount requested on the parking charge notice isn’t correct.
4. I wasn’t the driver or the registered keeper of the vehicle at the time of the alleged
improper parking (not valid for Scotland or Northern Ireland appeals)
5. Extreme circumstances prevented me from parking correctly.
6. Other
How to appeal to POPLA
Once you’ve appealed directly to the Operator about your Parking Charge Notice, they’ll give
you a 10-digit verification code that enables you to bring your appeal to us. You must use
this within 28 days of the date of the Operator’s rejection notice.
The quickest and easiest way to submit your appeal is online at www.popla.co.uk. The
benefits to submitting your appeal online include:
 The process begins immediately and takes 15 minutes.
 You can manage and track the status of your appeal online.
 You’re able to instantly upload supporting information and view what the Operator
submits.
 You’ll get a faster decision.
 Reduce your carbon footprint by going paperless.
If you’d prefer to submit your appeal to us by post, please use the enclosed form. The
completed form and copies (not originals) of all supporting information (i.e. photographs or
documents) need to reach us within 28 days of the Operator issuing their notice of rejection.
We recommend getting a certificate of posting when you send your submission. Please be
aware that nothing you send us can be returned.
Late appeals can only be considered in exceptional circumstances, at the Assessors
discretion. We’ll need you to include a clear explanation of why your appeal is late, either on
the form or on a separate sheet. We’ll also need copies of any supporting information, the
Operator’s rejection notice, and the envelope it was in (if it was posted).
Appeals about parking charges issued in Scotland or Northern Ireland
We can now accept appeals relating to Parking Charge Notices issued in Scotland and
Northern Ireland, if you’re:
 The driver of the vehicle and the person who received the Parking Charge Notice, or
 Appealing on behalf of the driver who received the Parking Charge Notice.
If you’re appealing on behalf of the driver/ registered keeper, please include a letter from
them authorising you to act on their behalf.
If you require additional help and support
We’re happy to provide additional support to anybody who needs it. Please contact us by
phone where you’d find that helpful.

Don't sound surprised. I did say this in post #37:

You can also choose to do nothing and wait for their formal rejection with the POPLA code, which they’ve said will follow after 28 days.

The appeal has now been rejected by ParkingEye, and they’ve issued a POPLA code. You now have 33 days from the date of this rejection (2 June 2025) to submit a POPLA appeal. That is plenty of time to prepare and you should do a search of the forum to find other POPLA appeals and note the structure of those appeals.

You can now begin drafting your POPLA submission. This will focus on the most compelling legal and evidential arguments, including:

• Non-compliance with PoFA 2012 – particularly 9(2)(e)(i) and 9(2)(f)
• Notice not deemed ‘given’ within 14 days due to misdirected address (rebutting the presumption)
• Lack of evidence of a clear contract and signage, especially at night
• Failure to consider disability-related reasonable adjustments under the Equality Act 2010
• Driver not identified – and no Keeper liability established
• Put them to strict proof that they has a valid contract flowing from the landowner at the time

This is a bare bones outline for your POPLA appeal. You should research each point and expand on them. You are leading the POPLA assessor to the conclusion that the PCN has been issued incorrectly and that they should uphold your appeal. Do not send anything until you've shown us what you intend to write so that we can advise further. As mentioned, you have until 5th July to submit this, so don't rush it:

Quote
1. I am submitting this appeal on behalf of the registered keeper, who has a recognised disability that affects their executive functioning and ability to manage correspondence. Due to these circumstances, a Letter of Authority was submitted to ParkingEye during the initial appeal. This was accepted by the operator, who has since continued to correspond with me as the keeper’s authorised representative. From that point onward, ParkingEye were fully aware that a vulnerable person was involved and should have acted in accordance with their obligations under the Equality Act 2010. Their failure to consider or apply any reasonable adjustments must weigh heavily against them in this appeal.

2. The notice to keeper fails to comply with paragraph 9(2)(e)(i) and 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012. It does not invite the keeper to pay the unpaid charge and does not contain the required wording to transfer liability to the keeper. As a result, the operator cannot rely on PoFA to pursue the keeper.

3. The notice to keeper was not deemed given within 14 days, as required under paragraph 9(5). It was sent to an old address and only received after being redirected. The presumption under PoFA that a notice is deemed delivered two working days after posting has been rebutted in this case. The operator must prove when the notice was actually received.

4. The signage at this site is not clear or visible in the conditions at the time. The incident occurred just after midnight. The car park was poorly lit, and there was no visible payment machine or prominent signage to alert the driver that any action was required beyond parking and entering the restaurant. The operator is put to strict proof that signage was clear, conspicuous, and met the BPA Code of Practice standards.

5. The driver is disabled and has diagnosed ADHD and mental health conditions that affect time perception, spatial awareness and attention. The operator failed to consider their duty under the Equality Act 2010 to anticipate and make reasonable adjustments, such as additional time allowances or more prominent instructions. This is not a discretionary matter. It is a legal obligation.

6. The driver has not been identified. The operator cannot rely on PoFA because the notice is non-compliant and was not delivered within the required timeframe. No liability can be transferred to the keeper.

7. The operator is put to strict proof of a valid, unredacted contract with the landowner that was in effect at the time of the alleged contravention and permits them to issue and enforce parking charges in their own name at this specific site. A witness statement or site agreement with a managing agent is not sufficient. Only the landowner or a party with legal standing to authorise enforcement can grant such authority.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you Karma. I have asked son to try and get some photos of the signage at night but he says that now he is aware of them, they are pretty clear, its just that he had simply not registered them at all. You can see there are signs there on some Google maps pictures but not on others, but its not clear when they were put up.
I will give this proper attention and research the forum for other responses and take my time doing so and then share to get your input before sending anything to POPLA.

Hi. I have made a couple of small adjustments to the above response you have kindly put together for me and wanted to share it for critiquing. I have a Word document with the two photos of the MacDonalds car park I have got from Google Maps that I can upload but cannot quite remember how to do it, I do apologise.
Thank you for your input in advance:

I am submitting this appeal on behalf of the registered keeper, who has a recognised disability that affects their executive functioning and ability to manage correspondence. Due to these circumstances, a Letter of Authority was submitted to ParkingEye during the initial appeal. This was accepted by the operator, who has since continued to correspond with me as the keeper’s authorised representative. From that point onward, ParkingEye were fully aware that a vulnerable person was involved and should have acted in accordance with their obligations under the Equality Act 2010. Their failure to consider or apply any reasonable adjustments must weigh heavily against them in this appeal.

The notice to keeper fails to comply with paragraph 9(2)(e)(i) and 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012. It does not invite the keeper to pay the unpaid charge and does not contain the required wording to transfer liability to the keeper. As a result, the operator cannot rely on PoFA to pursue the keeper.

The notice to keeper was not deemed given within 14 days, as required under paragraph 9(5). It was sent to an old address and only received after being redirected. The presumption under PoFA that a notice is deemed delivered two working days after posting has been rebutted in this case. The operator must prove when the notice was actually received.

The signage at this site has not always been there as can be seen in the photos below taken from Google Maps where the first one does not show any signage and the one below that shows the sign is there but with no indication of where or how to pay, just that there is further signage in the car park somewhere. The Driver is not a regular visitor so therefore did not know to look for signs that were not originally there in previous visits, particular when it was dark, after 10.40pm and lighting was not particularly good and there was no visible payment machine or prominent PAY HERE signage to alert the driver that any action was required beyond parking and entering the restaurant. There appears to only be one other sign which is small and with no obvious means of where to pay. The operator is put to strict proof that signage was clear, conspicuous, and met the BPA Code of Practice standards.

On top of which, the driver is disabled and has diagnosed ADHD and mental health conditions that affect time perception, spatial awareness and attention. The operator failed to consider their duty under the Equality Act 2010 to anticipate and make reasonable adjustments, such as prominent and clear signage inside the MacDonalds restaurant, warning patrons of the need to restrict their stay to within 90 minutes, and how to pay if they planned to stay over 90 minutes or risk receiving a parking fine. This is not a discretionary matter. It is a legal obligation.

The driver has not been identified. The operator cannot rely on PoFA because the notice is non-compliant and was not delivered within the required timeframe. No liability can be transferred to the keeper.

The operator is put to strict proof of a valid, unredacted contract with the landowner that was in effect at the time of the alleged contravention and permits them to issue and enforce parking charges in their own name at this specific site. A witness statement or site agreement with a managing agent is not sufficient. Only the landowner or a party with legal standing to authorise enforcement can grant such authority.

I therefore, on behalf of the registered Keeper of the vehicle ask all the above points to be taken into consideration and the parking charge issued by ParkingEye for a stay of less than 210 minutes in a MacDonalds car park be dismissed, where the Driver had purchased a meal and stayed to eat it, having been made unaware by the restaurant staff that there was a maximum stay of 90 minutes, or a clear sign about how to pay if staying over that time.

Kind regards,

That is a strong draft overall and covers the key points. With some refinement to improve clarity, structure, and POPLA appeal tone, here is a suggested revised version and incorporating your original arguments more precisely:

Quote
I am submitting this appeal on behalf of the Registered Keeper, who has a recognised disability affecting their executive function and ability to manage correspondence. A signed Letter of Authority was submitted and accepted by ParkingEye during the initial appeal process. From that point forward, all correspondence has been conducted via their appointed representative. ParkingEye were therefore on notice that a vulnerable person is involved and had a duty under the Equality Act 2010 to consider and apply reasonable adjustments. Their failure to do so must weigh heavily against them.

1. Non-compliance with PoFA 2012 – paragraphs 9(2)(e)(i) and 9(2)(f)

The Notice to Keeper fails to comply with the mandatory wording required under Schedule 4 of the Protection of Freedoms Act 2012. Specifically, it does not include the required invitation to the keeper to pay, and it does not meet the conditions for transferring liability from the driver to the keeper. Therefore, the operator cannot rely on PoFA to pursue the keeper for this charge.

2. Notice not ‘given’ within 14 days

The PCN was sent to an outdated address and was only received after redirection. The operator obtained the address from the DVLA, but the V5C had not yet been updated at the time. The presumption of delivery under PoFA paragraph 9(6) is rebuttable, and in this case, it has been rebutted. The operator is put to strict proof of when the notice was actually received by the keeper.

3. Unclear and insufficient signage

The driver visited the site after 10:40pm in the dark. There was no prominent signage indicating a requirement to pay or register if staying beyond 90 minutes. Google Street View images show that signage at this location has changed and was not always present or visible. Even where signage exists, it is not sufficient to alert a reasonable person late at night, particularly where no clear “PAY HERE” instructions or visible payment machines are present. The operator is put to strict proof that the signage was adequate, prominent, and in full compliance with the BPA Code of Practice.

4. Failure to consider Equality Act 2010 obligations

The driver of the vehicle is disabled and has diagnosed ADHD and associated mental health conditions (confirmed by their GP), which affect time perception, attention, and executive function. These conditions meet the definition of disability under the Equality Act 2010.

While the operator may not have known this at the time of the parking event, they were explicitly informed during the appeal process that the Keeper is a vulnerable person with a recognised disability and is unable to manage their own correspondence. A signed Letter of Authority was submitted and accepted by ParkingEye, who continued correspondence with the appointed representative.

The Equality Act 2010 imposes both anticipatory and responsive duties on service providers. ParkingEye had a duty to anticipate the needs of disabled motorists by ensuring signage and payment methods are accessible to those with cognitive impairments. Once they were made aware of the driver’s disability, they had a further responsive duty to consider reasonable adjustments, including reassessing whether enforcement of this charge was appropriate in the circumstances.

Their failure to take any such steps — despite being put on notice — amounts to a breach of their statutory duty under the Act.

5. Driver not identified – Keeper liability not established

The driver has not been identified. The operator cannot rely on PoFA to hold the Keeper liable because (a) the notice was non-compliant and (b) it was not “given” within the required timeframe. Therefore, no liability can transfer to the keeper.

6. No evidence of landowner authority

The operator is put to strict proof of a valid, unredacted, contemporaneous contract with the landowner that permits them to issue and enforce parking charges at this location in their own name. A witness statement or contract with a managing agent is not sufficient. POPLA and case law are clear that only the landowner or a party with proprietary rights can authorise such enforcement.

Given the above, this charge is invalid and must be cancelled. The driver was a legitimate customer of the restaurant, remained on-site, purchased a meal, and there was no reason to believe any parking charge would arise from simply sitting and eating. The operator's failure to comply with PoFA, to consider the protected characteristics of the parties involved, and to demonstrate landowner authority all require this appeal to be allowed.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Brilliant, thank you. Should I therefore not worry about attaching the Google Maps photos because, in all honesty, in sun and daylight, the sign looks quite visible in the photo so it is 50/50 as to how much credibility it gives to the argument of poor signage.
I will just hold fire on sending the above exactly as laid out until you confirm whether to that if okay. Once I have the okay, I shall get the appeal off to POPLA.

Unless the photo shows errors in the wording that can be used against them, and it is taken in similar lighting conditions that were at the time of the alleged contravention, this is is unlikely to be of much use.

Without seeing gather photo you are referring to, it is impossible to give further advice.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you, I think your reference to it in the wording of the appeal is what I will stick with and therefore not include the photo at this time, I shall send the appeal then and thank you, I shall keep you posted.

Sorry to ask this but I am currently on the POPLA appeal and it asks for the Motorists Details. I have uploaded the Letter of Consent to say I have authority to act on my sons behalf, who is the Registered Keeper and will be putting my details as Your Details but assume I have to put my sons details in Motorists Details? I am aware of course that we are not admitting who the Driver was, therefore wanted to not take any missteps at this stage.

You're right to tread carefully here. On the POPLA form:

• "Your details" should be your name and contact information, as you are the person submitting the appeal and have authority to act on the Registered Keeper’s behalf.
• "Motorist’s details" is intended to refer to the Registered Keeper – not necessarily the driver.

Therefore:

• You should enter your son's details (name and address) under "Motorist’s details", as he is the person the PCN was issued to.
• This does not admit who was driving. POPLA will not treat this as an admission that the Keeper was the driver unless you say so explicitly in the appeal narrative.

You've already uploaded the Letter of Consent (LoC), which covers why you're acting on his behalf. Just ensure your appeal wording continues to state clearly that:

“The identity of the driver is not being provided, and the operator cannot rely on the Protection of Freedoms Act 2012 due to statutory non-compliance.”

So you're doing everything correctly – just don’t refer to your son as the driver in the body of the appeal and you'll avoid any misstep.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Like Like x 1 View List