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#Post#: 98274--------------------------------------------------
Re: PCN Parking Eye Gale St Dagenham
DIR By: b789
Date: November 15, 2025, 10:51 am
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--- Quote from: Liffey link ---
>
> Ok, thank you. I was a bit concerned as you said this argument
would ultimately need to convince a Judge. Does that mean
ParkingEye will take me to court?
>
--- End Quote ---
Possibly.
#Post#: 98331--------------------------------------------------
Re: PCN Parking Eye Gale St Dagenham
DIR By: ixxy
Date: November 16, 2025, 3:23 am
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The bottom line is any appeal based on the defence given will be
rejected, Parkingeye won't accept their PCN isn't POFA
compliant. An appeal to POPLA is also unlikely to be successful.
This is not because either body routinely reject appeals, it is
because the defence relies on an interpretation of the
legislation that even the experts on here disagree on.
After that you will get lots of letters from debt collectors.
Eventually you will get a letter of claim. At that point it may
go to court. I don't think we know of a case won on this
defence, although that's often because cases don't reach court
or there are stronger defence arguments.
The driver didn't follow the car park rules and unless you as
the keeper name the driver they can come after you for the PCN.
Not paying the invoice is a breach of contract they can
successfully pursue you for.
Parkingeye are known to be more litigious tha many private
parking companies. The real question is are you feeling lucky
and are you prepared to engage with the court process?
#Post#: 98332--------------------------------------------------
Re: PCN Parking Eye Gale St Dagenham
DIR By: b789
Date: November 16, 2025, 3:32 am
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It will also depend on whether ParkingEye are feeling lucky. If
not, they'll farm it out to DCB Legal to issue the claim and if
that is the case, there definitely will be no hearing as it will
be discontinued as long as it is defended.
If PE decide to make claim using their in-house legal team, then
there is more chance of it going as far as a hearing. You won't
know until an LoC is issued which route they are going to take.
#Post#: 98341--------------------------------------------------
Re: PCN Parking Eye Gale St Dagenham
DIR By: Liffey
Date: November 16, 2025, 4:36 am
---------------------------------------------------------
--- Quote from: ixxy link ---
>
> The bottom line is any appeal based on the defence given will
be rejected, Parkingeye won't accept their PCN isn't POFA
compliant. An appeal to POPLA is also unlikely to be successful.
This is not because either body routinely reject appeals, it is
because the defence relies on an interpretation of the
legislation that even the experts on here disagree on.
>
> After that you will get lots of letters from debt collectors.
Eventually you will get a letter of claim. At that point it may
go to court. I don't think we know of a case won on this
defence, although that's often because cases don't reach court
or there are stronger defence arguments.
>
> The driver didn't follow the car park rules and unless you as
the keeper name the driver they can come after you for the PCN.
Not paying the invoice is a breach of contract they can
successfully pursue you for.
>
> Parkingeye are known to be more litigious tha many private
parking companies. The real question is are you feeling lucky
and are you prepared to engage with the court process?
>
--- End Quote ---
I didn't realise the prospects at POPLA were so bleak. I found
some decisions that I thought were helpful, but to be clear
you're saying they are not?
POPLA Appeal 6060637496 (2016)
POPLA Appeal 6061796103 (2016)
POPLA Appeal 6160338204 (2017)
#Post#: 98354--------------------------------------------------
Re: PCN Parking Eye Gale St Dagenham
DIR By: ixxy
Date: November 16, 2025, 5:52 am
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POPLA works for cases where there is a proper defense,
frustration of contract, bad signage, NTKs issued outside of the
POFA 14 window. They are unlikely to side with a motorist over
something like interpretation of the wording of the legislation.
They are there to provide some level of independent appeals
service, albeit paid for by the industry. IAS on the other
hand......
In your case you would be relying on a technicality as in the
spirit of the way the legal side works you owe them the PCN
value or you will have breached the contract.
People dont like the private parking industry, with good reason
with some of the operators, but they do provide a necessary
service which motorists normally benefit from even if they don't
realise it. There is also a sound legal basis for the way they
operate. Many people who come onto the forums just want to avoid
paying legit parking charge. People who assume they have a good
case for appeal often naively just appeal without seeking
advice. Depending on the operator many of these appeals are
granted, we just don't hear about them. Its often the land owner
who sets the appeal crtieria, so places like supermarkets often
insist a PCN is cancelled if a receipt can be provided as
evidence of being a genuine customer, even if the car park rules
weren't adhered to.
#Post#: 98368--------------------------------------------------
Re: PCN Parking Eye Gale St Dagenham
DIR By: Liffey
Date: November 16, 2025, 7:09 am
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So it's worth appealing in case the landowner is amenable? Is
that what you're saying?
#Post#: 98649--------------------------------------------------
Re: PCN Parking Eye Gale St Dagenham
DIR By: DWMB2
Date: November 18, 2025, 7:51 am
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I've received some moderator reports about the QR code being
visible. Unless you are concerned that someone might pay the PCN
for you, there's little to fear. But if you do want it removed,
if you can share a copy with the QR code redacted I'd be happy
to remove the unredacted one.
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