DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 128594--------------------------------------------------
Parkingeye PCN – ANPR, no valid tariff paid – Holiday Inn
Lancaster
DIR By: cm790
Date: August 23, 2026, 2:09 pm
---------------------------------------------------------
Background
- I am the hirer, not the registered keeper. The vehicle was
rented from Enterprise and the registered keeper is Enterprise.
- Enterprise have written to me to say they passed my details to
Parkingeye, and they charged me an admin fee for doing so.
- The Parking Charge Notice then arrived directly from
Parkingeye, addressed to me at my home address.
- Nothing else was in the envelope: no copy of the rental
agreement, no statement of liability, just the two pages
attached.
- I have not responded to Parkingeye or contacted them in any
way.
The facts as set out on the notice
- Car park: Holiday Inn Lancaster, managed by Parkingeye Ltd
- Entry: 28/07/2026 at 23:23:38
- Exit: 29/07/2026 at 00:35:11
- Total time in car park: 1 hour 11 minutes
- Date of event: 29/07/2026
- Date issued: 01/08/2026
- Letter dated: 08/08/2026
- Charge: £100, reduced to £60 if paid within 14 days
- Alleged contravention: not purchasing the appropriate parking
time, or remaining longer than permitted
What happened
- The driver entered the car park late in the evening to use the
electric vehicle charging point, parked in the charging bay, and
connected the vehicle to the charger.
- The vehicle remained connected for the duration of the stay
and left once charging was complete.
- The driver did not purchase a separate parking tariff.
Attachments
- Both pages of the notice are below, along with the Enterprise
letter.
- Name, address, reference numbers and VRM have been removed as
per the guidance. All dates and times are left visible.
- I do not have pictures of the car park signage as I do not
live near the location.
What I would like advice on
- 1. As the hirer rather than the registered keeper, does this
notice do what it needs to do to make me liable? I understand
there are extra requirements where a hire vehicle is involved,
and no hire documentation was enclosed with the notice, but I
would rather have that confirmed by people who know the process
than assume it.
- 2. Whether the use of the charging bay is relevant to how this
should be handled.
- 3. What my next step should be. I have not appealed and want
to get the approach right before I send anything.
HTML https://i.postimg.cc/LJbd4pZR/prev-pg-1.jpg
HTML https://i.postimg.cc/LJbd4pZR/prev-pg-1.jpg
HTML https://i.postimg.cc/BjVWZ01b/prev-pg-2.jpg
HTML https://i.postimg.cc/BjVWZ01b/prev-pg-2.jpg
HTML https://i.postimg.cc/MGNq870y/enterprise-letter-redacted.png
HTML https://i.postimg.cc/MGNq870y/enterprise-letter-redacted.png
#Post#: 128595--------------------------------------------------
Re: Parkingeye PCN – ANPR, no valid tariff paid – Holiday Inn
Lancaster
DIR By: RichardW
Date: August 23, 2026, 2:22 pm
---------------------------------------------------------
If there were no other docs, they have not complied with the
requirements of POFA to transfer liability. Do a search for
hirer liability and you should find appeal examples. Appeal as
hirer only and only on the POFA point ( or they will just ignore
it!). You may have to follow it through to a court case.
#Post#: 128597--------------------------------------------------
Re: Parkingeye PCN – ANPR, no valid tariff paid – Holiday Inn
Lancaster
DIR By: cm790
Date: August 23, 2026, 2:27 pm
---------------------------------------------------------
--- Quote from: RichardW link ---
>
> If there were no other docs, they have not complied with the
requirements of POFA to transfer liability. Do a search for
hirer liability and you should find appeal examples. Appeal as
hirer only and only on the POFA point ( or they will just ignore
it!). You may have to follow it through to a court case.
>
--- End Quote ---
Thanks Richard, I'll build an appeal now.
#Post#: 128601--------------------------------------------------
Re: Parkingeye PCN – ANPR, no valid tariff paid – Holiday Inn
Lancaster
DIR By: cm790
Date: August 23, 2026, 2:47 pm
---------------------------------------------------------
This is what has been drafted.
Draft appeal to Parkingeye Ltd (hirer, POFA Schedule 4)
--- Quote ---
>
> To: Parkingeye Ltd Appeals Department, PO Box 117, Blyth, NE24
9EJ (or submitted via www.parkingeye.co.uk/appeal)
>
> Date: [date]
>
> Parking Charge Notice reference [PCN reference]
> Vehicle registration mark [vehicle registration]
> Alleged event date [date of alleged contravention]
>
> Dear Sir or Madam,
>
> I appeal against the above parking charge. I appeal in the
capacity of hirer of the vehicle. I am under no obligation to
name the driver and I decline to do so. I make no admission as
to who was driving, and nothing in this appeal should be read as
such an admission.
>
> This appeal is made on one ground only: that the conditions in
Schedule 4 to the Protection of Freedoms Act 2012 for
transferring liability to a hirer have not been met, and
accordingly no hirer liability arises.
>
> 1. The statutory conditions
>
> Paragraph 14 of Schedule 4 permits a creditor to recover
unpaid parking charges from the hirer only where the conditions
in paragraph 14(2) are met.
>
> Paragraph 14(2)(a) requires that the creditor has, within the
relevant period, given the hirer "a notice in accordance with
sub-paragraph (5) (a 'notice to hirer'), together with a copy of
the documents mentioned in paragraph 13(2) and the notice to
keeper".
>
> The documents mentioned in paragraph 13(2) are: a statement
signed by or on behalf of the vehicle-hire firm to the effect
that at the material time the vehicle was hired to a named
person under a hire agreement; a copy of the hire agreement; and
a copy of a statement of liability signed by the hirer under
that hire agreement.
>
> Paragraph 14(3) provides that, for the purposes of paragraph
14(2)(a), "the relevant period" is "the period of 21 days
beginning with the day after that on which the documents
required by paragraph 13(2) are given to the creditor".
>
> 2. What was served on me
>
> The notice dated [date of notice to hirer] arrived alone. It
was not accompanied by a copy of any statement from the
vehicle-hire firm, a copy of the hire agreement, a copy of any
statement of liability signed by me, or a copy of any notice to
keeper.
>
> Paragraph 14(2)(a) requires the notice to be given "together
with" those documents, within the relevant period fixed by
paragraph 14(3). Service of the notice alone does not satisfy
that requirement. Nor can it be satisfied by documents supplied
later, separately, or in response to this appeal, because the
condition is expressed in those terms and is tied to a period
that runs from the date the paragraph 13(2) documents were given
to you.
>
> 3. The notice does not comply with paragraph 14(5) either
>
> Paragraph 14(5) prescribes what a notice to hirer must
contain. The notice served on me does not, on its face:
>
>
> [*]inform me that by virtue of paragraph 14 any unpaid parking
charges specified in the notice to keeper may be recovered from
the hirer, as required by paragraph 14(5)(a);
> [*]refer me to the information contained in the notice to
keeper, as required by paragraph 14(5)(b); or
> [*]warn me that if, after the period of 21 days beginning with
the day after that on which the notice to hirer is given, the
amount referred to in the notice to keeper has not been paid in
full, the creditor will have the right to recover it from me, as
required by paragraph 14(5)(c).
>
>
> Instead the notice adopts the language of a notice to keeper,
inviting the identification of the driver and specifying a 28
day period. That is the paragraph 9 keeper regime, not the
paragraph 14 hirer regime.
>
> 4. Conclusion
>
> The conditions in Schedule 4 for recovering a parking charge
from a hirer have not been met. In the absence of compliance
with paragraph 14(2)(a), no liability arises against me as
hirer, and the charge is unenforceable against me. I ask that it
be cancelled.
>
> If you contend that the conditions were met, I ask that the
evidence be produced with your response rather than for the
first time at a later stage.
>
> Parkingeye Ltd is a member of the British Parking Association
and is bound by the Private Parking Sector Single Code of
Practice (Version 1.1). I would also draw your attention to the
Competition and Markets Authority's open letter to private
parking operators of 16 July 2026, which raises concerns about
operators' handling of appeals, including rejecting appeals
inappropriately or prematurely. I ask that this appeal be
determined on the ground actually raised.
>
> If you reject this appeal, please confirm the date of
rejection and provide the 10 digit POPLA verification code.
>
> Yours faithfully,
>
> [my name and address]
>
--- End Quote ---
#Post#: 128624--------------------------------------------------
Re: Parkingeye PCN – ANPR, no valid tariff paid – Holiday Inn
Lancaster
DIR By: Dave65
Date: August 24, 2026, 4:11 am
---------------------------------------------------------
This looks like a standard letter from Enterprise, they state
an Authority Parking Eye is not an Authority and neither is it a
fine.
It is an invoice.
Read your hire agreement and see if it refers to a parking
charge. Usually they do not.
If that is the case then chase Enterprise for a refund of the
admin fee. Or a charge back on your card.
#Post#: 128638--------------------------------------------------
Re: Parkingeye PCN – ANPR, no valid tariff paid – Holiday Inn
Lancaster
DIR By: cm790
Date: August 24, 2026, 5:24 am
---------------------------------------------------------
--- Quote from: Dave65 link ---
>
> This looks like a standard letter from Enterprise, they state
an Authority Parking Eye is not an Authority and neither is it a
fine.
> It is an invoice.
>
> Read your hire agreement and see if it refers to a parking
charge. Usually they do not.
>
> If that is the case then chase Enterprise for a refund of the
admin fee. Or a charge back on your card.
>
--- End Quote ---
Very helpful information, thanks for that. I'll make sure I
check with Enterprise. They didn't take my card details when I
took the car so they have been unable to charge me automatically
for it. Gives me a nice position to be in for asking for
information.
#Post#: 128654--------------------------------------------------
Re: Parkingeye PCN – ANPR, no valid tariff paid – Holiday Inn
Lancaster
DIR By: Dave65
Date: August 24, 2026, 6:10 am
---------------------------------------------------------
Usually the terms refer to such as they quote Speeding, Local
Authority Fines.
*****************************************************
Page 1 of 1