Free Traffic Legal Advice

Why have you chopped off the rest of the back of the Notice to Keeper? Please show the whole of the back. From the limited bit that I can see, I think you may have received something that is as rare "hens teeth".

It appears that ParkingEye are not relying on the provisions of PoFA to hold the Keeper table. However, I can only confirm that once the rest of the back of the NtK is shown.

Congratulations. You have a “Golden Ticket”...

Easy one to defeat... as long as the unknown drivers identity is not revealed. 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:

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, 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.

Hi,

I have just received the following letter via email, the first response I have had since doing as advised above.

Should I respond to this please?

Reference: Parking Charge Notice - 448249/556550 Dear Sir / Madam, Thank you for your correspondence in relation to the Parking Charge incurred on 09 January 2025 at 22:00, at Home Bargains, County Road 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 we l 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 faithfu ly, Parkingeye Team

Hi,

I have just had the following response. Can you please advise on how to proceed next?

"04 March 2025 Reference: Parking Charge Notice - 448249/556550 POPLA Ref: 
Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge incurred on 09 January 2025 at 22:00, at Home Bargains, County Road 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. These terms are clearly displayed on the signage located throughout the above car park.  Parkingeye are a member of the British Parking Association and can confirm that there is adequate signage at this site that is visible, appropriately located and in line with the guidelines set out in the BPA Code of Practice. 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 goodwil, we have extended the discount period for a further 14 days from the date of this correspondence. If you appeal to POPLA, you wil not be able to pay the discounted amount in settlement of the Parking Charge, and the ful value of the charge wi l be outstanding. In addition, if your appeal to POPLA is unsuccessful, you wil no longer be able to pay the discounted amount and the ful value of the charge wil 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 alow 24 hours for our systems to reflect the discounted value before making a payment via our automated payment line or website. Yours faithfu ly, Parkingeye Team"

Thanks for your quick reply.

In my POPLA appeal, when you say go into detail; shall I just copy and paste my responses to Parkingeye? Will that be sufficient do you think?

Ok, will do.

Thanks again.