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#Post#: 68610--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: April 25, 2025, 7:35 am
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I have selected other and submitted my appeal. Once I get a
response is it okay, to seek further instructions?
Many thanks in advance.
#Post#: 68611--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: DWMB2
Date: April 25, 2025, 7:38 am
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Of course.
#Post#: 68623--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: b789
Date: April 25, 2025, 9:18 am
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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 byelaws 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.
•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]
Besides the fact that ParkingEye failed to include the copies of
the required documents, the above is the reason they have not
issued an NtH that invokes PoFA. If a private parking company
attempts to invoke PoFA to pursue the Keeper/Hirer, or fails to
account for the statutory control status of the land, such
enforcement would be legally defective.
So, I would adapt that appeal slightly as follows:
--- Quote ---
> Dear Sirs,
>
> I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
keeper of the vehicle under Schedule 4 of the Protection of
Freedoms Act 2012 ("the Act").
>
> There is no obligation for me to name the driver and I will
not be doing so.
>
> For the avoidance of doubt, even if you had attempted to rely
on Schedule 4 of the Act, you would have failed to establish
liability, as the location in question—Milton Country Park—is
subject to statutory control by byelaws. As such, the land is
not “relevant land” within the meaning of the Act, and the
provisions of Schedule 4 do not apply.
>
> I am therefore unable to assist you further with this matter,
and I look forward to your confirmation that the charge has been
cancelled. If you choose to decline this appeal, you must issue
a POPLA code.
>
> Yours faithfully,
> [Your Name]
--- End Quote ---
#Post#: 68624--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: DWMB2
Date: April 25, 2025, 9:20 am
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Well-spotted [member=26]b789[/member].
OP, if you've already submitted based on my template, don't
fret. If ParkingEye don't just cancel, we can add in the
relevant land argument at POPLA.
#Post#: 68626--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: b789
Date: April 25, 2025, 9:22 am
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There is already a case at the same location but with a Keeper
rather than a Hirer:
ParkingEye PCN - Overstay within grace period - Milton Country
Park, Cambridge
HTML https://www.ftla.uk/private-parking-tickets/parkingeye-pcn-overstay-within-grace-period-milton-country-park-cambridge/
#Post#: 68633--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: April 25, 2025, 10:01 am
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Thanks b789, I amended my appeal as you suggested. I will advise
the response. Parking Eye have confirmed receipt.
#Post#: 69213--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: April 29, 2025, 9:11 am
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Hello, I am still waiting a response from Parking Eye, they have
confirmed receipt on Friday. As I have appealed, is my 14 day
period discount on hold? I have also found the parking ticket
from the day. Thank you.
#Post#: 69215--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: DWMB2
Date: April 29, 2025, 9:14 am
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--- Quote from: Chelsblue link ---
>
> As I have appealed, is my 14 day period discount on hold?
>
--- End Quote ---
The back of the notice you have received answers that question.
Although the discount is irrelevant if you don't owe them
anything...
#Post#: 69549--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: bee0821
Date: May 1, 2025, 6:42 am
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Hello
Sorry to piggyback on this thread but we are in exact same
position as OP: £100 PCN at Milton for 30 min overstay
(impossible to pay for overstay on exit). Lease car so not
registered keeper - just heard from lease company, not had PCN
ourselves yet (tho I can view it on the parking eye system).
May I ask if the OP has had any news from them yet? And if the
advice for a response would likely be the same in our case?
Many thanks in advance.
#Post#: 69550--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: DWMB2
Date: May 1, 2025, 6:43 am
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If they only appealed a few days ago they are unlikely to have
heard back yet.
If you want advice on your own case, please start your own
thread in line with the forum's House Rules
HTML https://www.ftla.uk/announcements/house-rules/
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