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#Post#: 82181--------------------------------------------------
Parkingeye Tewkesbury Starbucks 5 minutes, any chance for an
appeal?
DIR By: bam369
Date: July 22, 2025, 1:04 pm
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Hello all,
I'm hoping someone will know if I stand any chance of appealing
a parking charge notice.
The charge is from the Starbucks in Tewkesbury off the A46.
Pulled in for 5 minutes, drivers swapped, didn't notice the
signs, and as it was right by a petrol station assumed it had
the same rules as a services, ie didn't think you could be
charged for anything as little as 5 minutes, so didn't bother
looking when there.
This was a journey home from a trip away, so I can't go back to
the site and check the signage now.
I've attached the letter and the T&Cs.
Many thanks in advance.
[attachment deleted by admin]
#Post#: 82187--------------------------------------------------
Re: Parkingeye Tewkesbury Starbucks 5 minutes, any chance for an
appeal?
DIR By: jfollows
Date: July 22, 2025, 1:22 pm
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It’s not a fine, it’s a speculative invoice, but please read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and, in particular, post the front of the notice without
redacting dates and times.
#Post#: 82188--------------------------------------------------
Re: Parkingeye Tewkesbury Starbucks 5 minutes, any chance for an
appeal?
DIR By: bam369
Date: July 22, 2025, 1:28 pm
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Ahh thank you, sorry I missed that guide. Will repost properly
#Post#: 82208--------------------------------------------------
Re: Parkingeye Tewkesbury Starbucks 5 minutes, any chance for an
appeal?
DIR By: beedmo
Date: July 22, 2025, 2:57 pm
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Lets not appeal just yet and absolutely do not admit to being
the driver - should what I'm about to suggest not work,
Parkingeye not knowing the driver will mean you don't pay them a
penny.
By far the most hasle free route to getting this cancelled is
calling the store and asking for a manager. Explain the
circumstance, the PCN in itself proves you were there for about
the right amount of time to change drivers. Hopefully they will
understand. If they do agree to cancel it, ask for an email
address so it can be put in writing as proof in case you need
it.
From a quick google, this is the one you parked at. Their number
is listed on the website -
HTML https://www.starbucks.co.uk/store-locator/20857
#Post#: 82277--------------------------------------------------
Re: Parkingeye Tewkesbury Starbucks 5 minutes, any chance for an
appeal?
DIR By: b789
Date: July 23, 2025, 3:33 am
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The Keeper cannot be liable and neither can the driver. They
have no idea who the driver is and the Keeper is under no legal
obligation to identify the driver to an unregulated private
parking company.
Contacting the Starbucks is not going to work because they were
closed and you were not a customer and so they really don't give
poop whether you got a ticket for using their car park. I
wouldn't even bother trying.
The ONLY liable party is whoever was the driver when they
entered the car park. Of course, ParkingEye have no idea of the
drivers identity unless the Keeper blabs it to them,
inadvertently or otherwise. Only the Keeper can appeal this.
There must be a MINIMUM of 5 minutes consideration period for a
contract to have been formed by conduct. Therefore it is
unlikely that a contract was even formed with the unknown
driver.
I advise you to appeal this. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to
reveal the identity of the unknown driver and no inference or
assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. ParkingEye has relied on contract law allegations
of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
ParkingEye have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
Come back when they reject the appeal. No initial appeal is ever
successful but they will be required to provide a POPLA code for
a secondary, supposedly independent appeal.
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