Free Traffic Legal Advice

It is important that you do not lie, so you must not state that it was two different drivers if it was not.

However, there is no obligation for you to state that it was the same driver, nor to tell them who the driver was.

The NtK is not compliant with PoFA Schedule 4 Paragraph 9(2)(b) - as a result keeper liability cannot occur.

Hi InterCity125

I had a look at the legislation, and this is the wording

inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

As they mention this under the protection of freedoms act in the letter, I do not understand how what they say is not compliant?

Thank you for taking the time to explain it to me

This is my appear

Is there anything you recommend changing




Your Ref XXXXXX

Whilst the DVLA may have informed you that I am the registered keeper of the motor vehicle in question, at this stage I make no admission of who was the driver of the car during visit 1 or visit 2.

Your parking charge has failed to comply with PoFA Schedule 4 Paragraph 9(2)(b)

This specifies the following;
The notice MUST inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full.

The legislation therefore sets out two specific requirements relating to the information which must be conveyed under 9(2)(b).

Namely;

1. That the driver is required to pay parking charges in respect of the specified period of parking.

And

2. That the parking charges have not been paid in full.


The notice from Parking Eye fails to convey the second part of the statutory requirement specified in 9(2)(b).

The legislation itself specifies that the Notice to Keeper must meet "all applicable conditions under this Schedule", this means that partial or even substantial compliance is not sufficient - total compliance is required.

Based on your failure to comply with the  statutory requirements of the law, you must now cancel the Parking Charge Notice

Can you get clear photos of the signs upon which they're relying pl.

As well as testing their claim, I want to see how the following is dealt with:

'Please ensure that the amount paid is correct. Any amount overpaid will not be automatically refunded. A transaction fee shall be charged for payments made by corporate cards. A charge will be added to balance should a payment be returned unpaid'

Hi Folks

As suspect PE have rejected my appeal

Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge incurred on <date> at
<time>, at Ilford Retail Park, Essex 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 outlines that there is a no return policy in operation. As per
the parking charge notice, our systems confirm that the vehicle left and returned to the car
park within this no return period.
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
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 then under that is the letter on how to appeal to Popla

Any advice on how to proceed with appeal to Popla?

As mentioned before, I only found one similar case to mine, but the person was able to show proof of purchase in the retail park which I do not have to get the ticket cancelled