URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Private parking tickets
       *****************************************************
       #Post#: 71459--------------------------------------------------
       Milton Country Park PCN
   DIR By: bee0821
       Date: May 14, 2025, 7:41 am
       ---------------------------------------------------------
       Hello
       We're in a situation exactly like the one described here:
  HTML https://www.ftla.uk/private-parking-tickets/pcn-milton-country-park-cambridge/
       £100 PCN at Milton for 30 min overstay (impossible to pay for
       overstay on exit). As in the above thread, this was a lease car
       so not registered keeper (we were notified first by lease
       company and just today received the PCN in the post).
       I attach photos of the front and back of the PCN.
       I'd be really grateful to know if advice to us would be the same
       as the advice to the poster above.
       Thanks very much in advance for any help.
       [attachment deleted by admin]
       #Post#: 71476--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: RichardW
       Date: May 14, 2025, 9:44 am
       ---------------------------------------------------------
       Did you receive any other documents with the PCN?
       #Post#: 71477--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: bee0821
       Date: May 14, 2025, 9:46 am
       ---------------------------------------------------------
       No, only the single page letter above
       #Post#: 71530--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: b789
       Date: May 14, 2025, 1:47 pm
       ---------------------------------------------------------
       Whilst you are not the Keeper, as the Hirer, the exact same
       principles apply as in the other case. Any appeals must come
       ONLY from the Hirer and you only reference the Notice to Hirer
       (NtH) rather than the Notice to Keeper (NtK).
       Only you know the identity of the driver and, as the Hirer, you
       are under no legal obligation to identify the driver to an
       unregulated private parking company.
       You have added advantage that the vehicle is Hired/leased.
       ParkingEye have failed to comply with all the requirements of
       PoFA paragraph 14 which means that the Hirer cannot be liable.
       Also, because the location is not relevant land for the purposes
       of PoFA, the same condition applies... no Hirer liability.
       All you need to do is follow the exact same steps as in the
       other thread.
       #Post#: 71631--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: bee0821
       Date: May 15, 2025, 7:12 am
       ---------------------------------------------------------
       Thank you very much. I've just seen that the poster in the other
       thread has posted Parking Eye's response, so I might wait to see
       what people advise about that response.
       #Post#: 71643--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: H C Andersen
       Date: May 15, 2025, 8:25 am
       ---------------------------------------------------------
       The self-styled Parking Charge Notice is incoherent nonsense.
       Pl don't dignify it with a status it does not deserve.
       Facts:
       The whatever-it-is was posted on Monday 12th May (the 'issue'
       date is a Saturday) and therefore deemed served Wed. 14th.
       The 'Date of event' was 31 March.
       Elapsed period: 46 days.
       It was served on the addressee because they had been
       'identified(by who we don't know)/identified themselves as the
       driver.'
       A Notice to Driver may only be served on the vehicle before it
       leaves the site.
       The ANPR shot shows the vehicle leaving the site.
       So, it's not a Notice to Driver.
       A Notice to Keeper must be served no later than 14 days after
       the 'event'.
       So, it's not a Notice to Keeper either.
       It doesn't carry the wording required by para. 14 Schedule 4
       neither does it refer to Hirer, whether preceded by the words
       'Notice to' or not.
       It wasn't accompanied by the documents mandated under para. 14.
       So, it's not a Notice to Hirer.
       So, it's a goodness knows what?
       The only thing which fits the bill is that the creditor is
       claiming that the addressee is the driver and in these cases
       there is no prescribed form of notice, it could be written on
       the side of a cow (although the postage would be high) and
       contain whatever words they wanted.
       #Post#: 71644--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: bee0821
       Date: May 15, 2025, 8:33 am
       ---------------------------------------------------------
       That sounds reassuring, thank you very much!
       On the other thread
       (
  HTML https://www.ftla.uk/private-parking-tickets/pcn-milton-country-park-cambridge)<br
       />it looks like Parking Eye are rejecting the response:
       "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/"
       
       They're also rejecting the appeal and referring the poster to
       POPLA.
       Sorry to duplicate things but these cases are nearly identical,
       hence reposting. Does this response change people's view of this
       PCN?
       #Post#: 71687--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: b789
       Date: May 15, 2025, 11:39 am
       ---------------------------------------------------------
       I refer you to this response in the other thread:
       --- Quote from: b789 link ---
       >
       > 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.
       >
       --- End Quote ---
       #Post#: 71776--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: bee0821
       Date: May 16, 2025, 3:14 am
       ---------------------------------------------------------
       Thank you very much May I just check that this as an initial
       response to Parking Eye:
       "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]"
       From the other thread is appropriate in my case? And/or ought I
       to include anything in addition from the points H C Andersen
       makes above?
       Thanks again for your help, much appreciated!
       #Post#: 71840--------------------------------------------------
       Re: Milton Country Park PCN
   DIR By: b789
       Date: May 16, 2025, 11:45 am
       ---------------------------------------------------------
       Just send the initial appeal as you have been advised. There is
       no point in overthinking this.
       ParkingEye will reject the appeal and issue a POPLA code where
       you can follow the process as advised on the other thread.
       ParkingEye not relying on PoFA to hold theKeeper liable. Even if
       they were, which they aren't, they could not hold the Keeper
       liable. The driver has not been identified. End of!
       The fact that the vehicle is leased/hired snd that they did not
       issue a PoFA compliant NtH is another factor but it really isn't
       worth adding that at this stage. As long as the driver remains
       unidentified, there is nowhere for this to go.
       *****************************************************
       Page 1 of 3
   DIR Next Page