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#Post#: 97624--------------------------------------------------
ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to fat
igue
By: timewilltell Date: November 10, 2025, 4:43 pm
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Hi all
I’m the registered keeper and have received a ParkingEye PCN for
3 hours 45 minutes at South Mimms Welcome Break services. The
driver stopped because they were extremely tired and needed to
rest/sleep for safety. After sleeping, they had no idea how long
they had been parked and left straight away, after refuelling at
the BP garage.
There were no clear signs about a 2-hour limit, and the ANPR
photos on the PCN are very poor. I've blacked out the reg plate
on the images themselves and below the images.
Is it worth appealing, and if so, what’s the best way to draft
an initial appeal?
Thanks in advance for any guidance!
HTML https://ibb.co/d4MZqm8F
HTML https://ibb.co/xSMF3SVf
#Post#: 97638--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: InterCity125 Date: November 11, 2025, 2:51 am
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Wait for the others to double check but it seems like the NtK is
not PoFA compliant as it never invites the RK to pay the charge?
PoFA Sch. 4 para 9(2)(e)(i)
#Post#: 97652--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: timewilltell Date: November 11, 2025, 4:22 am
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Ok will do, thanks for replying
#Post#: 97740--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: b789 Date: November 11, 2025, 1:25 pm
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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]
Come back when you get a response.
#Post#: 97878--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: timewilltell Date: November 12, 2025, 9:29 am
---------------------------------------------------------
Amazing, thank you so much [member=26]b789[/member].
I'll submit my appeal verbatim as you suggest and will you know
when I get a response.
#Post#: 100181--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: timewilltell Date: November 28, 2025, 5:42 am
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I’ve received a generic response from Parking Eye. You can see
that here:

HTML https://ibb.co/d4Q3t0SN

HTML https://ibb.co/S7dCcrSN

I assume I can ignore this and see if they provide a POPLA code
after 28 days.
#Post#: 100186--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: InterCity125 Date: November 28, 2025, 5:54 am
---------------------------------------------------------
[quote author=timewilltell link=topic=8722.msg100181#msg100181
date=1764330146]
I’ve received a generic response from Parking Eye. You can see
that here:

HTML https://ibb.co/d4Q3t0SN

HTML https://ibb.co/S7dCcrSN

I assume I can ignore this and see if they provide a POPLA code
after 28 days.
[/quote]
Neither of the images open.
#Post#: 100190--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: timewilltell Date: November 28, 2025, 6:11 am
---------------------------------------------------------
Apologies, not sure what happened there. These should work:
HTML https://ibb.co/hRdLYBTK
HTML https://ibb.co/JWmKKj0C
#Post#: 100200--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: b789 Date: November 28, 2025, 7:05 am
---------------------------------------------------------
You can respond to that phishing exercise with the following:
[quote]Re: Parking Charge Notice [ref]
Dear Sir or Madam,
I refer to your letter dated 28 November 2025.
First, your assertion that I “stated that [I was] not the driver
of the vehicle at the date and time of the breach” is entirely
false. I said no such thing. My appeal made it perfectly clear
that I am the registered keeper, that I dispute the charge, and
that there would be no admission as to the identity of the
driver and no inferences or assumptions could be drawn.
Your attempt to rewrite my appeal into something it never said
is, at best, sloppily incompetent and, at worst, deliberately
mendacious. It gives the distinct impression that nobody at
ParkingEye has actually read my appeal and that you are simply
spraying out boilerplate bluster in the hope that keepers will
be bullied into naming a driver.
For the avoidance of doubt, I will not be identifying the
driver. There is no legal obligation on a registered keeper to
disclose a driver’s identity and you have no entitlement to that
personal data.
You then recite selected snippets from Schedule 4 of the
Protection of Freedoms Act 2012, as if parroting paragraphs
9(2)(b) and 9(2)(f) somehow cures the other defects in your
Notice to Keeper. It does not. Keeper liability can only arise
where an operator has complied with ALL the mandatory
requirements of Schedule 4, not just the ones it finds
convenient to quote after the event. Your NtK is not fully
compliant with all of those requirements; partial or
“substantial” compliance is insufficient in law. Consequently,
you cannot transfer liability for this charge from the unknown
driver to me as keeper.
My position is therefore unchanged:
• I deny any liability or contractual agreement.
• I will not be naming the driver.
• You cannot rely on Schedule 4 PoFA to pursue me as keeper.
You must now either cancel this charge or issue a POPLA code
without further prevarication. Any continued attempt to
misrepresent my appeal, to misstate the effect of PoFA, or to
pursue me as if I were liable despite your own non-compliant
paperwork will simply form part of a formal complaint to your
client and the relevant regulatory and supervisory bodies.
Yours faithfully,
[Name]
Registered Keeper[/quote]
#Post#: 100207--------------------------------------------------
Re: ParkingEye PCN - SOUTH MIMMS - overstay / safety stop due to
fatigue
By: timewilltell Date: November 28, 2025, 7:36 am
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Absolutely amazing! Thank you so much! ;D
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