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#Post#: 66606--------------------------------------------------
Parking Eye PCN 7 minutes
DIR By: Mike Dee5
Date: April 11, 2025, 5:59 am
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Hello to All,
On 27.03.25 my partner and I drove into a car park, looking at
parking options. After driving around and pulling into a parking
bay, my partner started feeling ill, so without either of us
leaving the car, we left seven minutes after entering the car
park. On 1.04.25 a parking charge notice was issued by Parking
Eye for the sum of £100, discounted to £60 if paid within 14
days of the date issued. The PCN (below - hopefully!) shows
pictures of the car entering and leaving the car park.
Should I just pay, or appeal to their better nature? Thank you
for reading.
HTML https://imgur.com/Yh8tnVn
[img]
HTML https://imgur.com/Yh8tnVn[/img]
#Post#: 66628--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: b789
Date: April 11, 2025, 8:02 am
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Show the back of the Notice to Keeper (NtK).
#Post#: 66639--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: Mike Dee5
Date: April 11, 2025, 9:21 am
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Thanks, and here it is plus some signage.
HTML https://imgur.com/zQbLE20
HTML https://imgur.com/rqyejeE
HTML https://imgur.com/nUGZ2G9
HTML https://imgur.com/4drFT8E
#Post#: 66645--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: disgruntchelt
Date: April 11, 2025, 9:59 am
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7 minutes to drive in, find a space, exit the car, find and read
terms and conditions, decide you don’t want to accept the
contract on offer, go back to your car and exit the car park
takes more than 5 minutes.
I would be appealing as keeper saying the driver arrived at the
car park, located the Ts&Cs, read and digested them and decided
they didn’t want to be bound by them so left the car park
immediately
As no contract was entered into the pcn must be cancelled
#Post#: 66665--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: b789
Date: April 11, 2025, 11:55 am
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So, the allegation is "By either not purchasing the appropriate
parking time or by remaining at the car park for longer than
permitted, in accordance with the terms and conditions set out
in the signage, the Parking Charge is now payable to Parkingeye
Ltd (as the Creditor)."
That hotel went bust last year. Depending on who ParkingEye's
contract is with, it may no longer be valid. It won't win at an
initial appeal but may be worth going for a POPLA appeal.
Initial appeal should be simple because it is never accepted.
Here is a draft for one:
--- Quote ---
> I am the registered keeper of the vehicle referenced in your
Notice to Keeper.
>
> I am appealing this Parking Charge Notice on the following
grounds:
>
> [indent]• Your Notice to Keeper is not fully compliant with
the requirements of the Protection of Freedoms Act 2012,
specifically Paragraph 9(2)(e)(i), as it fails to include the
mandatory invitation required by statute. Therefore, liability
cannot be transferred to the keeper.
>
> • You are put to strict proof that you hold a valid, current
contract flowing from the landowner granting you the necessary
authority to issue and pursue parking charges at the location in
question. Given that the hotel at the site has been closed for
several years, you are required to demonstrate that your
authority remains lawfully derived and enforceable.[/indent]
>
> I expect this charge to be cancelled. If you reject this
appeal, please issue a POPLA code so that I may escalate the
matter.
--- End Quote ---
#Post#: 66666--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: b789
Date: April 11, 2025, 11:56 am
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--- Quote from: disgruntchelt link ---
>
> 7 minutes to drive in, find a space, exit the car, find and
read terms and conditions, decide you don’t want to accept the
contract on offer, go back to your car and exit the car park
takes more than 5 minutes.
>
> I would be appealing as keeper saying the driver arrived at
the car park, located the Ts&Cs, read and digested them and
decided they didn’t want to be bound by them so left the car
park immediately
>
> As no contract was entered into the pcn must be cancelled
>
--- End Quote ---
Unless the car park has more than 500 spaces, the consideration
period won't be more than 5 minutes. It is still an arguable
point at court if it were ever to get that far (unlikely).
#Post#: 66702--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: Mike Dee5
Date: April 12, 2025, 2:44 am
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[member=26]b789[/member] Your advice and additional research are
greatly appreciated, thank you very much. I had imagined that
any human aspect of mitigation or the fact that we hadn't got
out of the car in our 7 minute visit would be met with glee and
derision by the Parking Company, so I will follow your advice,
and thank you again.
#Post#: 66728--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: b789
Date: April 12, 2025, 7:08 am
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A successful initial appeal to the operator is as rare as hens
teeth.
#Post#: 68412--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: Mike Dee5
Date: April 24, 2025, 5:23 am
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[member=26]b789[/member] I sent an appeal to Parkingeye the day
before the 14 day discounted period ended (13th April?), having
copied your draft verbatim (thank you again).
I have today received the copied email, which doesn't address
either of the salient points. Do you have any thoughts please? I
hadn't mentioned who was driving.
"Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking
Charge incurred on 27
March 2025 at 15:11, at Poole Quay Hotel (1) car park.
We are writing to advise you that your recent appeal has been
referred for 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.
You have already been notified that under section 9(2)(b) of
schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is
required to pay this parking
charge in full. As we do not know the driver’s name or current
postal address, if you were
not the driver at the time, you should tell us the full name and
the current postal
address of the driver.
You are warned that if, after 29 days from the Date of Issue,
the parking charge has not
been paid in full and we do not know both the name and current
address of the driver, we
have the right to recover any unpaid part of the parking charge
from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of
schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying
with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on
behalf of the driver, and you
do not provide the full name and current postal address of the
driver, Parkingeye will be
obliged to deal with the representations made in your name.
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."
The final paragraph goes on to explain how to pay. Thanks.
#Post#: 68430--------------------------------------------------
Re: Parking Eye PCN 7 minutes
DIR By: b789
Date: April 24, 2025, 6:52 am
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ParkingEye’s reply is just a generic template trying to get you
to name the driver, which you’re not required to do. Unless
there’s a clear tactical reason for naming the driver (and in
this case there isn’t), it’s advised not to, especially when
their NtK isn’t PoFA compliant.
Here’s a short follow-up you can send to keep the pressure on
and move things towards either a cancellation or a POPLA code:
--- Quote ---
> Subject: Re: PCN Ref [Insert Reference Number] – Response to
Appeal Holding Letter
>
> Dear Sir or Madam,
>
> Thank you for your letter dated [insert date of ParkingEye's
letter].
>
> For the avoidance of doubt, I am the registered keeper of the
vehicle, and I am under no legal obligation to name the driver.
Furthermore, you have not addressed the substantive grounds of
my appeal, which included:
>
> Your Notice to Keeper fails to comply with the mandatory
wording required by Paragraph 9(2)(e)(i) of Schedule 4 to the
Protection of Freedoms Act 2012. It does not include a statement
inviting the keeper to pay the unpaid parking charge, which is a
statutory requirement for keeper liability to arise.
>
> You are put to strict proof that you hold a valid and current
contract with a party with sufficient interest in the land (i.e.
the landowner) that authorises you to issue and pursue parking
charges at this location. Given that the Poole Quay Hotel has
been closed for some time, there is serious doubt as to whether
any such contract remains enforceable or even exists.
>
> As your Notice to Keeper is not PoFA-compliant, you cannot
invoke keeper liability, and therefore, this charge has no basis
in law against me as the registered keeper. Please either cancel
the charge or issue a POPLA code so I may escalate the matter.
>
> Yours faithfully,
>
> [Full Name]
> Registered Keeper
--- End Quote ---
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