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#Post#: 63999--------------------------------------------------
Re: ParkingEye PCN - Overstay within grace period - Milton
Country Park, Cambridge
DIR By: miltonparkingeye
Date: March 24, 2025, 5:19 pm
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Didn't mention bye laws. Complained and asked if they can
rescind it given the time stamp from the receipt + grace period.
#Post#: 64205--------------------------------------------------
Re: ParkingEye PCN - Overstay within grace period - Milton
Country Park, Cambridge
DIR By: DWMB2
Date: March 26, 2025, 7:29 am
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From the council:
[indent]I hope the following will answer your query:
- As far as we are aware of, these bylaws are still in effect
- A copy of the byelaws is attached.
- We do not hold any information or plan regarding the
land/boundaries for Milton Country Park and there was nothing
with the byelaws.
[/indent]
HTML https://imgur.com/a/Uqs4xMJ
HTML https://imgur.com/a/Uqs4xMJ
#Post#: 64210--------------------------------------------------
Re: ParkingEye PCN - Overstay within grace period - Milton
Country Park, Cambridge
DIR By: b789
Date: March 26, 2025, 8:17 am
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The documents confirm that Milton Country Park is land under
statutory control, specifically regulated by byelaws made under
Section 41 of the Countryside Act 1968. These byelaws were:
[indent]• Made by South Cambridgeshire District Council;
• Confirmed by the Secretary of State on 5 April 1994;
• Came into operation on 2 May 1994.[/indent]
Key Implications:
[indent]• The bylaws prohibit or regulate the use of vehicles
within the park, subject to exceptions such as spaces set aside
by the Council (see section 6).
• Any parking enforcement regime operated within Milton Country
Park must be consistent with these statutory byelaws.[/indent]
As a result, Milton Country Park is not “relevant land” under
Schedule 4 of the Protection of Freedoms Act 2012, meaning:
[indent]• The Keeper of a vehicle cannot be held liable for any
parking charge under PoFA.
• Only the driver at the time of the alleged incident could
potentially be pursued, subject to other defences.[/indent]
So, has there been any correspondence with ParkingEye by the
Keeper where they have blabbed that they were also the driver?
In other words, does parkingEye know that the recipient of the
NtK was also the driver?
If not, then you can send the following as your initial appeal.
It will likely be rejected but they will give you a POPLA code
and then you can send a copy of the bylaws with your POPLA
appeal.
Send the following appeal to ParkingEye:
--- Quote ---
> APPEAL FROM THE REGISTERED KEEPER
>
> Re: Parking Charge Notice [Insert PCN Number]
> Vehicle Registration: [Insert VRM]
> Date of Notice: [Insert Date]
>
> Dear ParkingEye,
>
> I am appealing the above Parking Charge Notice (PCN) as the
Registered Keeper. Your Notice to Keeper (NtK) states that the
keeper is liable under the Protection of Freedoms Act 2012
(PoFA). This is categorically incorrect and a serious
misrepresentation.
>
> The location in question—Milton Country Park—is not “relevant
land” under PoFA. The land is subject to statutory byelaws made
under Section 41 of the Countryside Act 1968, confirmed by the
Secretary of State and brought into force on 2 May 1994. These
byelaws remain in effect and are enforceable.
>
> Accordingly:
>
> [indent]• Your NtK cannot lawfully transfer liability to the
Registered Keeper, as PoFA Schedule 4 does not apply to land
under statutory control.[/indent]
>
> By asserting otherwise, you are in clear breach of Section
8.1.1(d) of the Private Parking Single Code of Practice
(PPSCoP), which explicitly states:
>
> [indent]“The parking operator must not serve a notice which in
its design and/or language: state the keeper is liable under the
Protection of Freedoms Act 2012 where they cannot be held
liable.”[/indent]
>
> As such, this constitutes a breach of your KADOE contract with
the DVLA. The data accessed from the DVLA may only be used in
accordance with the law and the Code of Practice. Since you are
not entitled to pursue the Keeper, and the NtK misrepresents
liability, your use of my personal data is unlawful.
>
> I therefore require:
>
> [indent]• immediate cancellation of this PCN;
> • Written confirmation that my data will be erased from your
systems under your obligations in data protection law;
> • If you refuse to cancel, a POPLA code so the matter may be
escalated.[/indent]
>
> If I do not receive confirmation of cancellation, I will
escalate the matter to the DVLA and the Information
Commissioner's Office (ICO) and lodge a formal complaint with
the British Parking Association for breach of the PPSCoP.
>
> Yours faithfully,
>
> [Your Full Name]
> Registered Keeper
> [Address or email, if required]
--- End Quote ---
#Post#: 64215--------------------------------------------------
Re: ParkingEye PCN - Overstay within grace period - Milton
Country Park, Cambridge
DIR By: DWMB2
Date: March 26, 2025, 8:35 am
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As an aside, kudos to S. Cambs. council for a remarkably quick
FOI response.
#Post#: 68523--------------------------------------------------
Re: ParkingEye PCN - Overstay within grace period - Milton
Country Park, Cambridge
DIR By: Chelsblue
Date: April 24, 2025, 3:33 pm
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Hello, I've just received the same. My wife took our boys there
during Easter, She paid £3.75 for 30mins to 2hrs, spent some
time meeting her friend, lost track of time and left. She was
30mins over and now we have a bill of £100.00 plus £10.00 admin
charge from our lease company. She said there was no option to
extend your payment either? Meaning she'd have to pay an
additional £6.00
Is the letter above applicable, if I was the registered owner
and I wasn't there?
#Post#: 68524--------------------------------------------------
Re: ParkingEye PCN - Overstay within grace period - Milton
Country Park, Cambridge
DIR By: DWMB2
Date: April 24, 2025, 4:02 pm
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