3. PCN - Milton Country Park, Cambridge
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Re: PCN - Milton Country Park, Cambridge
« Reply #15 on: »
Thanks b789, I amended my appeal as you suggested. I will advise the response. Parking Eye have confirmed receipt.
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Re: PCN - Milton Country Park, Cambridge
« Reply #16 on: »
Hello, I am still waiting a response from Parking Eye, they have confirmed receipt on Friday. As I have appealed, is my 14 day period discount on hold? I have also found the parking ticket from the day.  Thank you.
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Re: PCN - Milton Country Park, Cambridge
« Reply #17 on: »
Quote from: Chelsblue on April 29, 2025, 03:11:28 pm
As I have appealed, is my 14 day period discount on hold?
The back of the notice you have received answers that question.

Although the discount is irrelevant if you don't owe them anything...
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Re: PCN - Milton Country Park, Cambridge
« Reply #18 on: »
Hello

Sorry to piggyback on this thread but we are in exact same position as OP: £100 PCN at Milton for 30 min overstay (impossible to pay for overstay on exit). Lease car so not registered keeper - just heard from lease company, not had PCN ourselves yet (tho I can view it on the parking eye system).

May I ask if the OP has had any news from them yet? And if the advice for a response would likely be the same in our case?

Many thanks in advance.
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Re: PCN - Milton Country Park, Cambridge
« Reply #19 on: »
If they only appealed a few days ago they are unlikely to have heard back yet.

If you want advice on your own case, please start your own thread in line with the forum's House Rules
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Re: PCN - Milton Country Park, Cambridge
« Reply #20 on: »
Thank you, I will do that when I receive the PCN.
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Re: PCN - Milton Country Park, Cambridge
« Reply #21 on: »
Hello, I have just received a response from Parking Eye. It reads as follows.. I have also attached a copy of the pdf.

Reference: Parking Charge Notice - 288486/335086
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on 11 April
2025 at 13:34, at Milton Country Park, Milton car park.
We are writing to advise you that your recent appeal has been placed on hold whilst we
await 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.
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.
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 the address
detailed below.
Yours faithfully,
Parkingeye Team

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Re: PCN - Milton Country Park, Cambridge
« Reply #22 on: »
ParkingEye's response is a standard template designed to pressure the Keeper into naming the driver. However:

• There is no legal obligation for a Keeper to identify the driver;
• The PCN was issued on land not classified as “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA);
• Since they have not relied on PoFA and cannot lawfully do so, no Hirer liability can arise, and their request for the driver's identity is irrelevant to the validity of your appeal.

You should now send this follow-up:

Quote
Dear ParkingEye,

Re: Parking Charge Notice 288486/335086
Vehicle Registration: [Insert VRM]
Date of Event: 11 April 2025
Hirer: [Your Full Name]

I write in response to your correspondence addressed to me as the Hirer of the vehicle.

Your Notice to Hirer (NtH) does not rely on Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), nor does it include any of the documents required under Paragraph 14(2) of Schedule 4 to establish liability on the part of a Hirer.

Without explicitly relying PoFA or providing the required documentation, you have no lawful basis to pursue me for the charge as Hirer.

Moreover, the location in question — Milton Country Park — is subject to statutory byelaws made under Section 41 of the Countryside Act 1968, confirmed by the Secretary of State. Land governed by statutory control is excluded from the definition of “relevant land” under PoFA, making the Act entirely inapplicable in any event.

Accordingly, your continued pursuit of this charge in my name after I have declined to provide the drivers identity, amounts to unlawful processing of personal data, contrary to your obligations under the Data Protection Act 2018, UK GDPR, and the terms of your KADOE contract with the DVLA. You are using my data without a lawful basis.

I therefore require:

• Immediate cancellation of the PCN; and
• Confirmation that my data has been erased from your systems.

Should you refuse to cancel the charge, I require a POPLA code so that I may escalate the matter. I reserve the right to report this misuse of my data to the DVLA, the Information Commissioner’s Office and the BPA.

Yours faithfully,

[Your Full Name]
Hirer of the vehicle
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: PCN - Milton Country Park, Cambridge
« Reply #23 on: »
Many thanks, I have added the missing details and sent my response.

Once Parking Eye reply, I'll let you know.

Best Regards

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Re: PCN - Milton Country Park, Cambridge
« Reply #24 on: »
Hello,

I have just received a response from Privacy@parkingeye.co.uk

Dear Mr *****,
 
Thank you for your correspondence received in relation to the above referenced Parking Charge. We have been passed this as we note you have raised a data query.
 
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.
 
We therefore wish to confirm that we have rejected your request that we remove data from our system and cease processing in this instance at this stage, and can confirm that your appeal has now been passed back to our dedicated Appeals Team for further consideration.
 
Please note you have the right to make a complaint to the ICO in respect of this response, should you wish to do so. 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

Do I need to do anything? Many thanks in advance.
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Re: PCN - Milton Country Park, Cambridge
« Reply #25 on: »
Hello, I have just had the following from Parking Eye too;

Reference: Parking Charge Notice - 288486/335086
POPLA Ref: 6061355468
Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge incurred on 11 April 2025 at
13:34, at Milton Country Park, Milton car park.
We have reviewed the details outlined in your appeal and can see that a payment to park
was made on the date of the event. Unfortunately, the tariff purchased was insufficient
and did not cover the entire duration of the stay. The terms and conditions and tariffs are
outlined on the signage which are on display throughout the car park.
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
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.
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.
Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
Yours faithfully,
Parkingeye Team


Could you please advise how to respond? Many thanks.
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Re: PCN - Milton Country Park, Cambridge
« Reply #26 on: »
So, you have 33 days from the appeal rejection date to submit your POPLA appeal. Have a search of other POPLA appeals on here and see what you can come up with, based on the information you have been told about in this and the other thread. Don't send anything before you post it here so that we can advise on anything you should add or remove or edit.

Remember, the first thing the assessor will want to determine is whether you, the Keeper can be liable as the drivers identity has not been provided. As this location is covered by byelaws, PoFA does not apply.

If the POPLA assessor cannot determine the drivers identity and PoFA does not apply to land that is covered by statutory byelaws, that should end the matter as far as POPLA is concerned. However, you can throw in the kitchen sink is as a backup, just in case the assessor on the day is one of those doltish types we often see.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: PCN - Milton Country Park, Cambridge
« Reply #27 on: »
b789, thank you again for your help on this matter. You have been fantastic.

I have looked through other posts and tried searching for 'POPLA appeal'. However I'm not really sure what I am looking for? I can't find any POPLA letters to use as templates.  Sorry I have never done this before.

Regards
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Re: PCN - Milton Country Park, Cambridge
« Reply #28 on: »
I just put "POPLA appeal" in the search box and it came up with over 650 posts you can look at.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: PCN - Milton Country Park, Cambridge
« Reply #29 on: »
Is something like this okay? Also, I just noticed your away, thank you for still responding, really appreciated.

POPLA Code: 6061355468
Parking Charge Notice: 288486/335086
Vehicle Registration: **** ***
Date of Issue: 11 April 2025
Appellant: Registered Keeper

Grounds of Appeal:
1. No Keeper Liability – PoFA 2012 not applicable to Milton Country Park

2. Driver not identified – No presumption of driver liability

3. The charge is a penalty and not a genuine pre-estimate of loss

4. Failure to comply with BPA Code of Practice

1. No Keeper Liability – PoFA 2012 not applicable
Milton Country Park is covered by statutory byelaws made under Section 41 of the Countryside Act 1968, and as such, is non-relevant land under Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. The land is not “relevant land” as defined by paragraph 3 of Schedule 4, and therefore, the registered keeper cannot be held liable if the driver has not been identified.

ParkingEye are attempting to hold me liable as the registered keeper, despite this being a location where keeper liability cannot be established under PoFA.

If the assessor cannot identify the driver and PoFA is not applicable, this appeal must be upheld.

2. Driver not identified
At no stage have I identified the driver, nor is there any legal requirement to do so. ParkingEye have failed to demonstrate who was driving the vehicle at the time of the alleged contravention.

As keeper, I cannot be held liable for a charge incurred by an unknown third party at a location not covered by PoFA.

3. The charge is not a genuine pre-estimate of loss
The charge of £100 (or £60 discounted) is arbitrary and clearly punitive. It does not reflect any genuine pre-estimate of loss by the landowner or ParkingEye.

Since this is not a contractual fee for parking, but rather a penalty, it is unenforceable.

4. Breach of BPA Code of Practice
ParkingEye has failed to demonstrate compliance with the BPA Code of Practice in several ways, including:

Poor signage visibility

No grace period consideration

Attempting to rely on PoFA in a non-relevant land situation

These breaches further invalidate the legitimacy of the charge.

Conclusion
For the reasons above, I respectfully request that POPLA upholds this appeal and instructs ParkingEye to cancel the Parking Charge Notice.

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