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#Post#: 99930--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: 911bill Date: November 26, 2025, 9:40 am
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Thank you for that, I'll admit being gullible, it's a shame that
people just go and pay. Every parking firm seems to have
different methods of appeal so had to come here to ask. I do not
want to pay them, that's for sure.
So I guess I have to engage, rather than just ignore. So I am
planning to submit the below through their appeal platform to
get the ball rolling
I am the registered keeper of the vehicle.
I dispute this charge for the following reasons:
• ParkingEye has failed to demonstrate that the signage at Asda
Sutton at the time was clear, prominent and fully compliant with
the BPA Code of Practice.
• No evidence has been provided that the ANPR system is
synchronised, accurate, or compliant with BPA requirements.
• As the keeper, I cannot be held liable because ParkingEye has
not demonstrated full compliance with Schedule 4 of the
Protection of Freedoms Act 2012.
• If you refuse this appeal, please supply a POPLA code.
Please treat this as a request for cancellation or escalation to
POPLA.
Yours,
#Post#: 99932--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: b789 Date: November 26, 2025, 9:55 am
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No, don't use that. Their Notice to Keeper is not PoFA
complaint. Any initial appeal will be rejected anyway. Follow
this advice:
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.[/quote]
#Post#: 99951--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: 911bill Date: November 26, 2025, 11:49 am
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HAHA I love the reply! That's more like it.
Thank you, this is very useful information, thanks for the
education here and advice.
#Post#: 102158--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: 911bill Date: December 12, 2025, 6:51 am
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Update:
Reply from PE, sent via E-mail. Surprised my spam filter let it
through.
If you don't tell us who was driving, we'll come for you..
[img width=490
height=636]
HTML https://live.staticflickr.com/65535/54979651199_ed8c3caa03_z.jpg[/img]
Can I appeal again with the same reply and keep this looping? :)
#Post#: 102162--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: b789 Date: December 12, 2025, 7:12 am
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That email is a standard “name the driver or we’ll pursue the
keeper” pressure letter. You do not have any legal obligation to
identify the driver.
If you do not name the driver, ParkingEye can only hold the
keeper liable if they have fully complied with every requirement
of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). As
their NtK is not fully compliant with every element of PoFA,
they cannot transfer liability from the driver to the keeper,
regardless of what that email says.
Respond with the following:
[quote]Dear ParkingEye,
I am the registered keeper. I will not be naming the driver.
There is no legal obligation for a keeper to identify the
driver, and no adverse inference can be drawn.
In any event, you cannot transfer liability to the keeper
because your Notice to Keeper does not comply with ALL the
requirements of Schedule 4 of the Protection of Freedoms Act
2012. Accordingly, there is no keeper liability.
Please either confirm cancellation or issue a POPLA code.
Yours faithfully,
(keeper name)[/quote]
#Post#: 105067--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: 911bill Date: January 8, 2026, 5:44 am
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Hello!
Thanks for the above, with that being sent, I finally had a
reply via email. It contains their rejection and lovely offer of
an extended discount period and below that, is a POPLA letter
with information on how to appeal via them and reasons for
appeal which I'm sure you are familiar with seeing.
So it is POPLA time, a first for me. I can do so online, are
they likely to end this?
Many thanks
Reference: Parking Charge Notice - ABC1231
POPLA Ref: ABC123
Dear Sir / Madam,
Thank you for your appeal in relation to the Parking Charge
incurred on 03 November
2025 at x, at Asda Sutton car park.
We have reviewed the details outlined in your appeal, but we are
not in receipt of
sufficient evidence to confirm that the terms and conditions
were not breached. The
signage displayed on site confirms that there is a maximum stay
time in operation. Our
records confirm that on the date of the event, the maximum stay
time allowed was
exceeded.
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.
#Post#: 105083--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: ixxy Date: January 8, 2026, 7:25 am
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[quote author=911bill link=topic=8715.msg105067#msg105067
date=1767872671]
are they likely to end this?
[/quote]
Based on the defence that the PCN is not allegedly not fully
compliant with all the requirements of POFA which seems to be
the basis of the defence, no I would say POPLA will likely
conclude the PCN was correctly issued and your appeal has no
merit. As b789 loves to point out POPLA assessors are not
trained legal experts and are looking to make a decision on the
substantive elements of the appeal such as the NTK not being
delivered in time, failing to adhere to the joint code of
practice, clearly demonstrable signage issues etc. In your case
on the surface there was a clear breach of the Ts & Cs of the
parking contract and no obvious mitigation for that. You're
relying on possible technicalities. the advice on here in most
cases is not about a winning argument, it's about doing enough
to run the clock down and hope they don't actually proceed to
court. It usually works, not because it has merit but because
the PPCs can't afford to take everyone to court so give up.
If you lose at POPLA it's not binding on you, you still don't
have to pay but debt collectors letters followed by a letter of
claim. The LoC you will have to engage with. It's likely it will
eventually be dropped before the court hearing, but only if you
put the effort in to navigate the court process and enter a
defence.
#Post#: 105985--------------------------------------------------
Re: Parking Eye - PCN - Asda Sutton Overstay
By: 911bill Date: January 15, 2026, 5:36 am
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Thanks for this. On that basis, I will pay the discounted rate.
I know I know, I'm feeding the beast but the time saved on
dealing with the next steps for the sake of £60 seems like a
better option as my appeal may lead me down a worse route or I
play the long game, the time consumed would cost me more.
1 point to PE here, sorry guys but thanks for the help.
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