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 5722 times)

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I am doing this now, exactly as you have so kindly laid out for me and I will keep you informed. Thank you so much.

Did you post the NTK?

Anyway, from your narrative posted on 12 April:

I went to visit the neighbour yesterday [11 April 2025] as they have had an unexpected short stay in hospital, and was passed the post that had been accumulated over the last 2 weeks since seeing them, none of which should be important as all necessary bodies have been notified of the new address.
There was a PCN from Parking Eye, issue date of 4th April for an event on 1st April which had been sent to the old address.


So, issue date 4 April. Deemed given 8th.
Parking charge event, 1 April.

Therefore IMO it has been given within PoFA timescales and the keeper's got until 6 May to submit any 'appeal'.
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Hi, yes, I have sent the Appeal in the exact wording above and thank you that note above, that helps to know.

Hi again - I have had the response from Parking Eye to the appeal and wanted to share it asap as I would be very grateful for help with next steps and how to respond please. I had this sent to my email, with the letter below attached as a PDF and another email with an attached PDF referring to the Privacy Request I put in, as you recommended, and confirming that it had been passed to the Privacy team.
This is the letter responding to the Appeal:
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ
02 May 2025
Reference: Parking Charge Notice - 588456/770105
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on 01 April
2025 at 00:29, at McDonald's Crossbush Service Station, Littlehampton car park.
We are writing to advise you that your recent appeal has been referred for further
information.
You have stated that you were not the driver of the vehicle at the date and time of the
breach of the terms and conditions of the car park, but you have not indicated who was.
You have already been notified that under section 9(2)(b) of schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking
charge in full. As we do not know the driver’s name or current postal address, if you were
not the driver at the time, you should tell us the full name and the current postal
address of the driver.
You are warned that if, after 29 days from the Date of Issue, the parking charge has not
been paid in full and we do not know both the name and current address of the driver, we
have the right to recover any unpaid part of the parking charge from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on behalf of the driver, and you
do not provide the full name and current postal address of the driver, Parkingeye will be
obliged to deal with the representations made in your name.
Parkingeye have placed this charge on hold for 28 days to enable you to provide the
evidence requested. If this information is not provided within 28 days, the appeal may well
be rejected and a POPLA code provided.
Parkingeye Limited, 40 Eaton Avenue Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by
visiting www.parkingeye.co.uk or by posting a cheque or postal order to ParkingEye Ltd,
PO Box 117, Blyth, NE24 9EJ.
Yours faithfully,
Parkingeye Team

Thank you in advance for your guidance on exactly how to word the response.

That’s the (hard to read as formatted) standard fishing letter from Parking Eye which they use to try and get you to name the driver. Ignore, and your appeal will be rejected but you will get a POPLA code.

Completely normal. They generally reject appeals even if they’re valid because plenty of people then pay up.
« Last Edit: May 03, 2025, 08:04:02 am by jfollows »
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Thank you. So I do nothing at this point apart from wait for the POPLA code to come from them? I want to be absolutely clear on what steps I take and appreciate guidance so I do not make any missteps.


As stated above, you do not need to name the driver. You're under no legal obligation to do so.

ParkingEye’s letter even concedes this when they say:

ParkingEye will be obliged to deal with the representations made in your name.

That’s precisely what you want: for them to consider the appeal as one from the Keeper, with the driver remaining unidentified.

If you want to respond now rather than wait 28 days for the rejection and POPLA code, you can send this:

Quote
Subject: Re: PCN 588456/770105 – Response to Request for Driver Details

Dear ParkingEye,

Thank you for your response dated 2 May 2025.

As already stated, I am the Registered Keeper of the vehicle and I have not identified the driver. I am under no obligation to do so. You are therefore required to consider my representations on that basis.

You have stated that this notice complies with paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012. However, your Notice to Keeper fails to comply with paragraph 9(2)(e)(i) of the same Schedule because it does not contain the required statutory invitation to the Keeper to pay. Additionally, the notice was not properly “given” within the required period under paragraph 9(4) due to the misdirection to an outdated address. These defects mean that you cannot rely on Schedule 4 to transfer liability from the driver to the Keeper.

If you do not cancel the charge, I expect to receive a POPLA code without delay so that this matter can be referred for independent adjudication.

Yours,

[Your Name]
On behalf of the Registered Keeper

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.
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 will be guided by you on what's best if that's okay. Happy to wait for the POPLA or send the above. Whatever you think, in this case, is the most appropriate.

Karma - I note you will be away for 3-4 weeks from tomorrow and wanted to ask, if it was at all possible, if you could advise me on what to write to POPLA when I get the code through from Parking Eye, as it is likely to come through in your absence?
I have not responded to the email from them as yet. If you think it is better to simply let them send the POPLA code and ignore their email, I shall do that. If it might be better to send them your suggested response, I can get that over to them today.
I am keen to do this 'by the book' and not give them any wriggle room.

“b789” rather than “Karma” I suggest.
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We need to keep in mind that 'Except I'm not[the registered keeper] 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'.

Yes, you're right, I am trying to work out best responses all round and keeping in mind I am not, as you say, the Registered Keeper but acting on their behalf. It is a minefield!

The email address used to send anything is irrelevant. Stop overthinking this. You can send the response suggested or not. Either way, the original appeal will be rejected and you will receive POPLA code.

You will have 33 days from the appeal rejection date to use the POPLA code, which is plenty of time. I suggest you do a search of the forum for other POPLA appeals to see how they are formatted and what is argued in them.

You could even try and put one together yourself and how it here before sending anything. You will receive a critique and advice on what, if anything to amend and why.

Whilst I will be away, I will not be completely out of touch except that I will be 6 hours west of the UK.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

I have had another response from Parking Eye Privacy Team that I assume is meant to boggle you into some kind of submission.

Thought I would share. And all this for overstaying in a MacDonalds car park for 20 minutes at midnight on a weekday evening!

Parking Charge Ref: 588456/770105

Dear X,

We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). 

We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that Mr X has already been identified as the registered keeper of the vehicle in question in relation to the date of 01/04/2025 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to him.

We can confirm that Mr X’s name and address were provided by the DVLA on 04/04/2025. This data was provided as Mr X was identified as the registered keeper of vehicle XXX in respect of a breach of the parking terms and conditions that took place within McDonald's Crossbush Service Station, Littlehampton on 01/04/2025.

Parkingeye can confirm that we issued a total of 5 items of correspondence to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle on the date of the parking event.

Please note, it is Parkingeye’s position that this charge was issued following a contractual breach of the terms and conditions in operation onsite, and that we had reasonable cause to request the Registered Keeper’s details from the DVLA. Please note that our lawful bases for processing data are Performance of a Contract and Legitimate Interests. Parkingeye do not rely on Consent as a legal basis for processing data when issuing and pursuing the payment of outstanding Parking Charges. We are registered with the ICO to collect and process data for the purpose of car park management, which includes dealing with appeals and any subsequent recovery action required.

In order to enforce the parking contract where a breach has been identified and to support legitimate interests, data may be shared with other organisations. We can confirm that this could include data being shared with tracing and collection agents if a Parking Charge remains outstanding.

Please be advised that all personal data we act in the capacity of controller of, is both stored and backed up in the UK. Images and vehicle registration marks (VRMs) may be accessed by our agents in India as they undertake a percentage of our manual quality checks prior to a Parking Charge being issued, and deal with a percentage of motorist appeals. However, this access is remote. We can confirm that we have implemented and ensured the safeguards required by data protection law in respect of sharing data outside the European Economic Area. Parkingeye are also accredited with security certification appropriate for the nature of the data that we process in circumstances like this.

Parkingeye have a data retention policy and ensure that all images and data are only stored for as long as is necessary. Retention periods vary in each circumstance depending on the status of a charge or any action that has been taken. Parkingeye can confirm that the data obtained is not kept on our system any longer than is entirely necessary.

We can also confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention.

Please note that the UK General Data Protection Regulation provides the following further rights:

•             The right to request from Parkingeye access, rectification or erasure of your personal data;
•             The right to request from Parkingeye restriction of processing of your personal data;
•             The right to object to the processing of your personal data.

Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy.

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


I need a lie down now!

Assume I don't need to do anything, just wait for the POPLA code to come through and complain to them.