So appealed to Popla using ParkingEye v Ms X. (Altrincham 17/03/2014) as evidence and basically used what i drafted further up the thread.
Parking Eye submitted their rebuttal on 21st days citing Parking Eye vs Beavis along with photos of my cat entering and exiting the car park which I've already shared above.
I have 7 days to respond to their rebuttal. They sent the following and would greatly appreciate advice:
Case History
26/04/2026 Date of event
System check/manual check identified breach of terms and conditions, prior to DVLA request
30/04/2026 Request queued to DVLA for keeper details
01/05/2026 DVLA response received - Success (Legislation Used: POFA_POPLA - Issued To: Keeper)
01/05/2026 Parking Charge Letter Issued - Letter1 - Ltr01-217
10/05/2026 Parking Charge Letter Issued - Letter2 - Ltr02-217
15/05/2026 Letter Issued - Website Appeal Response
15/05/2026 Website Appeal received for this case and is queued for processing.
03/06/2026 Letter Issued - Unsuccessful POPLA - Paid Parking Not Purchased...
Rules and Conditions
VHK, Southall is a Paid Parking car park as clearly stated on the signage (enclosed). We have included a signage plan showing that there are signs situated at the entrance, exit and throughout the car park displaying the terms and conditions of the site.
All available payment options can be found within the enclosed signage. The full, correct vehicle registration must be inputted when parking payments are made.
Please see below information relating to the payment options on site:
Payment Options: Pay by phone & payment machines
Number of Paid Parking Machines: 1
Authority
We can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).
It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ourselves and the motorist will be enforceable by us as a party to that contract.
Additional Information
This car park has been registered with the British Parking Association and is compliant with the Single Code of Practice.
The signage on site clearly sets out the terms and conditions and states that;
"By parking, waiting or otherwise remaining within this private car park, you agree to comply with the terms of the Parking Contract, including making payment as required and entering your vehicle registration details into the payment machines and/or terminals as directed."
“If you fail to comply with the terms of the Parking Contract, you will become liable to pay the sum specified in this notice (the “Parking Charge”)"
All signs that pertain to the general terms and conditions of parking contain text which explains that, “[…] by entering this private car park, you [each motorist] consent, for the purpose of car park management, to: the capturing of photographs of the vehicle and registration by the ANPR cameras […] and to the processing of this data […]”. In turn, consent is also provided so as to allow us to make a request for registered keeper from the DVLA “where the Parking Contract is not adhered to”. The wording used clearly details that the Parking Contract in question commences when the motorist “enters” the car park and that the data from the ANPR system will be used to enable us to take enforcement action against those who breach the parking terms and conditions in operation.
We operate a grace period on all sites, which gives the motorist time to enter a car park, park, and establish whether or not they wish to be bound by the terms and conditions of parking. These grace periods are sufficient for this purpose and are fully compliant with the Private Parking Sector Single Code of Practice.
Initially, we would like to state that we are a leading user of ANPR Technology. We ensure that our cameras, technology and processes are of the highest quality and have built up this expertise with more than 10 years of experience of using ANPR cameras. We ensure that we use the best cameras, and that these are expertly configured.
We have also developed a robust process for handling the data and ensuring the accuracy of the system. We are regularly required to provide data taken from these ANPR cameras for Police investigations.
Once the cameras, signage and other technology are installed at a site, we will test the system extensively before parking charges are issued on site. This involves allowing the site to function normally without parking charges being issued, to ensure that the system is functioning correctly.
The Private Parking Sector Single Code of Practice contains guidelines for the use of ANPR cameras which we fully comply with.
Images recorded by the ANPR (Automatic Number Plate Recognition) systems are time-stamped at source. The ANPR servers use NTP to regularly verify the accuracy of the local time clock with any adjustments being logged thus ensuring that all images are captured and stamped with an accurate time and date. Network Time Protocol (NTP) is a widely used standard to accurately synchronise computer time over wide area networks. We firmly believe that these time-stamped images are accurate.
Any time deviance detected on the ANPR servers generates an automatic alert monitored by the Technical Support Team. If at any stage of the process the ANPR cameras are found to be deviating, parking charges are not issued. There are automated and manual checks to ensure that the cameras are accurate.
It is important to note that cameras and ANPR servers are directly attached as an integrated solution situated on-site therefore ensuring the accuracy of the ANPR read and associated date-timestamp. Transactional data and images are recorded locally before batch transfer to our central systems.
There is no evidence to suggest that a parking charge has been issued incorrectly, and we go to great lengths to ensure that all parking charges are issued correctly. The data taken from the Automatic Number Plate Recognition cameras is sent to us, where it undergoes a checking process of up to 19 stages. This ensures that no errors have been made. There are various other procedures in place to ensure that parking charges are issued correctly, and there is no reason to believe that an error has occurred in this case.
You have stated that you do not believe that the Parking Charge amount is a pre-estimation of loss, or that it is extravagant, unfair or unreasonable. In this regard, we rely upon the Supreme Court decision in the matter of Parkingeye v. Beavis [2015] UKSC 67, which was found in Parkingeye’s favour and concerned the value of our Parking Charges.
The Supreme Court considered the Defendant’s submissions that the Parking Charge should be considered to be penal and unfair, but the Justices supported the findings of the lower courts, where the charge was found to be neither ‘extravagant’ nor ‘unconscionable’.
We operate a grace period on this site, that allows for the motorist to park and familiarise themselves with the terms and conditions of parking. However, there must be a cut off, and once this is overstayed a charge will be issued.
We can confirm that the grace period was applied to the vehicle’s stay, however, this grace period was overstayed and a Parking Charge was issued accordingly. There is no obligation to disclose the grace period as this is commercially sensitive and subject to abuse should this period become common knowledge.
Clause 5.2 of the Private Parking Sector Single Code of Practice states ‘A grace period as set out at Annex B to this Code must be allowed by the parking operator in addition to the parking period. A parking charge must not be issued during a Grace Period. The grace period does not apply other than where the driver has parked in compliance with the applicable terms and conditions – it does not apply in isolation so as to allow free parking up to the sum of the consideration and grace periods.’
We ensure that all our signage is clear, ample, and in keeping with the Private Parking Sector Single Code of Practice regulations. The signage at this site demonstrates adequate colour contrast between the text and the backgrounds advised in the Private Parking Sector Single Code of Practice.
Please note, our website appeals portal now asks the appellant to confirm that all supporting evidence relating to the Parking Charge has been attached. This confirmation is displayed in the website appeal document included in this evidence pack.
Whitelist Lookup - REDACTED
Whitelist Name Plate Description Start Date/Time End Date/Time Input Date/Time Duration
The above system extract displays all permits, payments for parking, and terminal entries relating to the vehicle on the date of the parking event.
Please note, if no results are displayed, this confirms that no permit, payment, or terminal entries were recorded.
