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#Post#: 69691--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: bee0821
Date: May 2, 2025, 5:40 am
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Thank you, I will do that when I receive the PCN.
#Post#: 69766--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: May 2, 2025, 11:45 am
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Hello, I have just received a response from Parking Eye. It
reads as follows.. I have also attached a copy of the pdf.
Reference: Parking Charge Notice - 288486/335086
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking
Charge incurred on 11 April
2025 at 13:34, at Milton Country Park, Milton car park.
We are writing to advise you that your recent appeal has been
placed on hold whilst we
await 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.
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.
Alternatively, payment can be made by telephoning our offices on
0330 555 4444 or by
visiting www.parkingeye.co.uk or by posting a cheque or postal
order to the address
detailed below.
Yours faithfully,
Parkingeye Team
[attachimg=1]
[attachment deleted by admin]
#Post#: 69812--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: b789
Date: May 3, 2025, 2:58 am
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ParkingEye's response is a standard template designed to
pressure the Keeper into naming the driver. However:
[indent]• There is no legal obligation for a Keeper to identify
the driver;
• The PCN was issued on land not classified as “relevant land”
under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA);
• Since they have not relied on PoFA and cannot lawfully do so,
no Hirer liability can arise, and their request for the driver's
identity is irrelevant to the validity of your appeal.
You should now send this follow-up:
--- Quote ---
> Dear ParkingEye,
>
> Re: Parking Charge Notice 288486/335086
> Vehicle Registration: [Insert VRM]
> Date of Event: 11 April 2025
> Hirer: [Your Full Name]
>
> I write in response to your correspondence addressed to me as
the Hirer of the vehicle.
>
> Your Notice to Hirer (NtH) does not rely on Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA), nor does it include any
of the documents required under Paragraph 14(2) of Schedule 4 to
establish liability on the part of a Hirer.
>
> Without explicitly relying PoFA or providing the required
documentation, you have no lawful basis to pursue me for the
charge as Hirer.
>
> Moreover, the location in question — Milton Country Park — is
subject to statutory byelaws made under Section 41 of the
Countryside Act 1968, confirmed by the Secretary of State. Land
governed by statutory control is excluded from the definition of
“relevant land” under PoFA, making the Act entirely inapplicable
in any event.
>
> Accordingly, your continued pursuit of this charge in my name
after I have declined to provide the drivers identity, amounts
to unlawful processing of personal data, contrary to your
obligations under the Data Protection Act 2018, UK GDPR, and the
terms of your KADOE contract with the DVLA. You are using my
data without a lawful basis.
>
> I therefore require:
>
> [indent]• Immediate cancellation of the PCN; and
> • Confirmation that my data has been erased from your
systems.[/indent]
>
> Should you refuse to cancel the charge, I require a POPLA code
so that I may escalate the matter. I reserve the right to report
this misuse of my data to the DVLA, the Information
Commissioner’s Office and the BPA.
>
> Yours faithfully,
>
> [Your Full Name]
> Hirer of the vehicle
--- End Quote ---
#Post#: 70037--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: May 5, 2025, 6:26 am
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Many thanks, I have added the missing details and sent my
response.
Once Parking Eye reply, I'll let you know.
Best Regards
#Post#: 71620--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: May 15, 2025, 5:20 am
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Hello,
I have just received a response from Privacy@parkingeye.co.uk
Dear Mr *****,
Thank you for your correspondence received in relation to the
above referenced Parking Charge. We have been passed this as we
note you have raised a data query.
Please note, it is Parkingeye’s position that this charge was
issued following a contractual breach of the terms and
conditions in operation onsite, and that we had reasonable cause
to request the Registered Keeper’s details from the DVLA. Please
note that our lawful bases for processing data are Performance
of a Contract and Legitimate Interests. Parkingeye do not rely
on Consent as a legal basis for processing data when issuing and
pursuing the payment of outstanding Parking Charges. We are
registered with the ICO to collect and process data for the
purpose of car park management, which includes dealing with
appeals and any subsequent recovery action required.
We therefore wish to confirm that we have rejected your request
that we remove data from our system and cease processing in this
instance at this stage, and can confirm that your appeal has now
been passed back to our dedicated Appeals Team for further
consideration.
Please note you have the right to make a complaint to the ICO in
respect of this response, should you wish to do so. You may also
seek a judicial remedy.
For further information about your rights as a data subject,
plus information about the categories of data we process, data
transfers, the legal basis for our processing, and the purposes
of processing, please visit:
HTML https://www.parkingeye.co.uk/privacy-policy/
Yours sincerely,
Parkingeye Privacy Team
Do I need to do anything? Many thanks in advance.
#Post#: 71637--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: May 15, 2025, 7:51 am
---------------------------------------------------------
Hello, I have just had the following from Parking Eye too;
Reference: Parking Charge Notice - 288486/335086
POPLA Ref: 6061355468
Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge
incurred on 11 April 2025 at
13:34, at Milton Country Park, Milton car park.
We have reviewed the details outlined in your appeal and can see
that a payment to park
was made on the date of the event. Unfortunately, the tariff
purchased was insufficient
and did not cover the entire duration of the stay. The terms and
conditions and tariffs are
outlined on the signage which are on display throughout the car
park.
We are writing to advise you that your recent appeal has been
unsuccessful and that you
have now reached the end of our internal appeals procedure.
If you wish to have your case independently assessed, please be
advised, there is an
independent appeals service (POPLA) which is available to
motorists who have had an
appeal rejected by a British Parking Association Approved
Operator. Contact information
and further information can be found enclosed. See also
www.popla.co.uk
By law we are also required to inform you that Ombudsman
Services (www.ombudsmanservices.org/) provides an alternative
dispute resolution service that would be competent
to deal with your appeal. However, we have not chosen to
participate in their alternative
dispute resolution service. As such should you wish to appeal
then you must do so to
POPLA, as explained above.
Please note, if the Parking Charge was issued in
Scotland/Northern Ireland, only the
driver can appeal to POPLA (Parking on Private Land Appeals).
As a gesture of goodwill, we have extended the discount period
for a further 14 days from
the date of this correspondence. If you appeal to POPLA, you
will not be able to pay the
discounted amount in settlement of the Parking Charge, and the
full value of the charge
will be outstanding. In addition, if your appeal to POPLA is
unsuccessful, you will no
longer be able to pay the discounted amount and the full value
of the charge will be due.
A payment can be made by telephoning 0330 555 4444, by visiting
www.parkingeye.co.uk/payments or alternatively by posting a
cheque/postal order to
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you
write your reference
number on the reverse of any cheque/postal order so the payment
can be allocated.
If you have received this correspondence via email, please allow
24 hours for our
systems to reflect the discounted value before making a payment
via our automated
payment line or website.
Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley,
PR7 7NA, Registered in England, Registration No. 5134454
Yours faithfully,
Parkingeye Team
Could you please advise how to respond? Many thanks.
#Post#: 71668--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: b789
Date: May 15, 2025, 10:29 am
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So, you have 33 days from the appeal rejection date to submit
your POPLA appeal. Have a search of other POPLA appeals on here
and see what you can come up with, based on the information you
have been told about in this and the other thread. Don't send
anything before you post it here so that we can advise on
anything you should add or remove or edit.
Remember, the first thing the assessor will want to determine is
whether you, the Keeper can be liable as the drivers identity
has not been provided. As this location is covered by byelaws,
PoFA does not apply.
If the POPLA assessor cannot determine the drivers identity and
PoFA does not apply to land that is covered by statutory
byelaws, that should end the matter as far as POPLA is
concerned. However, you can throw in the kitchen sink is as a
backup, just in case the assessor on the day is one of those
doltish types we often see.
#Post#: 71690--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: May 15, 2025, 11:43 am
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b789, thank you again for your help on this matter. You have
been fantastic.
I have looked through other posts and tried searching for 'POPLA
appeal'. However I'm not really sure what I am looking for? I
can't find any POPLA letters to use as templates. Sorry I have
never done this before.
Regards
#Post#: 71695--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: b789
Date: May 15, 2025, 11:57 am
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I just put "POPLA appeal" in the search box and it came up with
over 650 posts you can look at.
#Post#: 71730--------------------------------------------------
Re: PCN - Milton Country Park, Cambridge
DIR By: Chelsblue
Date: May 15, 2025, 2:43 pm
---------------------------------------------------------
Is something like this okay? Also, I just noticed your away,
thank you for still responding, really appreciated.
POPLA Code: 6061355468
Parking Charge Notice: 288486/335086
Vehicle Registration: **** ***
Date of Issue: 11 April 2025
Appellant: Registered Keeper
Grounds of Appeal:
1. No Keeper Liability – PoFA 2012 not applicable to Milton
Country Park
2. Driver not identified – No presumption of driver liability
3. The charge is a penalty and not a genuine pre-estimate of
loss
4. Failure to comply with BPA Code of Practice
1. No Keeper Liability – PoFA 2012 not applicable
Milton Country Park is covered by statutory byelaws made under
Section 41 of the Countryside Act 1968, and as such, is
non-relevant land under Schedule 4 of the Protection of Freedoms
Act (PoFA) 2012. The land is not “relevant land” as defined by
paragraph 3 of Schedule 4, and therefore, the registered keeper
cannot be held liable if the driver has not been identified.
ParkingEye are attempting to hold me liable as the registered
keeper, despite this being a location where keeper liability
cannot be established under PoFA.
If the assessor cannot identify the driver and PoFA is not
applicable, this appeal must be upheld.
2. Driver not identified
At no stage have I identified the driver, nor is there any legal
requirement to do so. ParkingEye have failed to demonstrate who
was driving the vehicle at the time of the alleged
contravention.
As keeper, I cannot be held liable for a charge incurred by an
unknown third party at a location not covered by PoFA.
3. The charge is not a genuine pre-estimate of loss
The charge of £100 (or £60 discounted) is arbitrary and clearly
punitive. It does not reflect any genuine pre-estimate of loss
by the landowner or ParkingEye.
Since this is not a contractual fee for parking, but rather a
penalty, it is unenforceable.
4. Breach of BPA Code of Practice
ParkingEye has failed to demonstrate compliance with the BPA
Code of Practice in several ways, including:
Poor signage visibility
No grace period consideration
Attempting to rely on PoFA in a non-relevant land situation
These breaches further invalidate the legitimacy of the charge.
Conclusion
For the reasons above, I respectfully request that POPLA upholds
this appeal and instructs ParkingEye to cancel the Parking
Charge Notice.
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