Free Traffic Legal Advice

Hi all,

The registered keeper of the vehicle has received a pcn (see attached) for “parking” in home bargains for 7 mins (driver pulled into a space for a matter of minutes and then left) they state a 0hours0 minutes allowance on their PCN terms. I’ve attached a picture of the sign at the entrance which I noted doesn’t have a light for visibility at night. The sign is also quite high up and obscured by trees if you approach from the right of the site. Here is the Street view link - https://maps.app.goo.gl/hUYk9Y3pD3eghBNy7?g_st=ic

What is the best stance for an appeal (I appreciate the chance of success at this stage is low but I want to get it right every step of the way so as not to jeopardise any future chance of winning the case)?

I’ve approached the store to discuss the issue and they said they can only get tickets cancelled when people have driven into the car park just before or just after store closing times.

Thanks in advance.

Which Home Bargains, Sheffield?

Home Bargains, Fox Valley Retail Park, Fox Valley Way, Deepcar, Sheffield S36 2AD
Home Bargains, Retail Park, Kilner Way, Wadsley Bridge, Sheffield S6 1NN
Home Bargains, Middlewood Rd, The Hillsborough Arcade, Sheffield S6 4HL
Home Bargains, Flora St, Sheffield S6 2BF
Home Bargains, Cricket Inn Road, Parkway Central, Sheffield S2 5AU
Home Bargains, Queens Rd, Lowfield, Sheffield S2 4DR
Home Bargains, Archer Road, Millhouses, Sheffield S8 0LD
Home Bargains, Retail Park, Drake House Cres, Drake House Way, Sheffield S20 7HT

The PCN vaguely states “Home Bargains, Sheffield” without specifying which of the multiple locations. Under Schedule 4 of PoFA 2012, Paragraph 9(2)(a), the Notice to Keeper must "specify the vehicle, the relevant land on which it was parked and the period of parking". This vagueness renders the NtK non-compliant with PoFA, and therefore the keeper cannot be held liable.

For now, simply appeal with the following, only as the Keeper:

Quote

There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote

I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, most notably the reference to the relevant land, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. ParkingEye has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. ParkingEye have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Thanks for the helpful reply, I hadn’t picked up on that point. I’ll do the appeal and come back when I get a response.

Usual fishing expedition, you should not tell them who the driver was, if you ignore you will get the normal appeal rejection including a POPLA code in due course.

The fact that they say that you should tell them this is a complete misrepresentation but to be expected.

Hi all,

Just had an unsuccessful appeal letter back from parking eye - I can attach but it seems like a fairly standard response detailing how to appeal via popla.

Can anyone help with wording for the popla appeal please?

Thanks in advance