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#Post#: 99850--------------------------------------------------
Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: mg1101
Date: November 26, 2025, 5:15 am
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I just wanted to ask for any advice on how to approach the
appeal for this Parkingeye.
The driver entered the car park, found a space and parked.
On 24 November, I, the registered keeper, received a PCN through
the post.
Thanks in advance,
MG
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#Post#: 99852--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: DWMB2
Date: November 26, 2025, 5:18 am
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Photos of the signage at the site would be useful.
Assuming the driver was a genuine customer of Asda, and not just
hoping to misuse their land for some free parking, then
approaching the management of Asda would be a sensible first
step.
#Post#: 99858--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: InterCity125
Date: November 26, 2025, 5:26 am
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16/11/25 was a Sunday so I suspect that parking is not allowed
outside of store opening times.
However, the NtK never invites the Keeper to pay the parking
charge and as such the notice is non compliant with PoFA.
#Post#: 99885--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: b789
Date: November 26, 2025, 7:10 am
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The alleged contravention:
--- Quote ---
> "In addition the signage states that, as a maximum stay car
park, a Parking Charge is applicable if the vehicle remains
within the car park for longer than the 0 hours 0 minutes max
stay time."
--- End Quote ---
For what it's worth 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 ---
#Post#: 100028--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: mg1101
Date: November 27, 2025, 6:13 am
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All sent.
I’ll reply as and when I receive any response.
Thank you all support!
#Post#: 101732--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: mg1101
Date: December 9, 2025, 11:02 am
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Got reply from Parkingeyes:
Reference: Parking Charge Notice - 309137/543921
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking
Charge incurred on 16
November 2025 at 18:20, at Asda Cardiff Bay car park.
We are writing to advise you that your recent appeal has been
referred for further
information.
You have stated that you were not the driver of the vehicle at
the date and time of the
breach of the terms and conditions of the car park, but you have
not indicated who was.
You have already been notified that under section 9(2)(b) of
schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is
required to pay this parking
charge in full. As we do not know the driver’s name or current
postal address, if you were
not the driver at the time, you should tell us the full name and
the current postal
address of the driver.
You are warned that if, after 29 days from the Date of Issue,
the parking charge has not
been paid in full and we do not know both the name and current
address of the driver, we
have the right to recover any unpaid part of the parking charge
from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of
schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying
with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on
behalf of the driver, and you
do not provide the full name and current postal address of the
driver, Parkingeye will be
obliged to deal with the representations made in your name.
Parkingeye have placed this charge on hold for 28 days to enable
you to provide the
evidence requested. If this information is not provided within
28 days, the appeal may well
be rejected and a POPLA code provided.
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ
Alternatively, payment can be made by telephoning our offices on
0330 555 4444 or by
visiting www.parkingeye.co.uk or by posting a cheque or postal
order to ParkingEye Ltd,
PO Box 117, Blyth, NE24 9EJ.
Yours faithfully,
Parkingeye Team
They reply me and still want to identify the driver.
#Post#: 101734--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: b789
Date: December 9, 2025, 11:10 am
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ParkingEye are just doing their usual phishing exercise for the
driver. Nothing has changed: the Keeper has already appealed,
and there is still no obligation to name the driver.Respond with
the following:
--- Quote ---
> Re: Parking Charge Notice 309137/543921; Vehicle registration:
[VRM]
>
> Dear Sir/Madam,
>
> I write as the registered keeper. I have no legal obligation
to identify the driver and I decline your invitation to do so.
>
> Your Notice to Keeper does not comply with all the
requirements of Schedule 4 of the Protection of Freedoms Act
2012, including paragraph 9(2)(e). As such, you cannot transfer
liability from the driver to me as keeper. The warning you quote
from paragraph 9(2)(f) is only effective where the notice is
fully compliant, which it is not.
>
> There will be no admission as to the identity of the driver
and no inference or assumption can be drawn.
>
> Please now either:
>
> [indent]1. Cancel this Parking Charge Notice, or
> 2. Reject my appeal and issue a POPLA verification code in my
name as keeper.[/indent]
>
> I do not consent to any further requests for driver details.
>
> Yours faithfully,
>
> [Name]
> Registered Keeper
--- End Quote ---
#Post#: 104979--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: mg1101
Date: January 7, 2026, 11:15 am
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Got Update after new year, they send me over the letter state
that now they reject my appeal and provide me the POPLA code for
further appeal.
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#Post#: 105188--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: mg1101
Date: January 9, 2026, 6:45 am
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--- Quote from: b789 link ---
>
> ParkingEye are just doing their usual phishing exercise for
the driver. Nothing has changed: the Keeper has already
appealed, and there is still no obligation to name the
driver.Respond with the following:
>
> [quote]Re: Parking Charge Notice 309137/543921; Vehicle
registration: [VRM]
>
> Dear Sir/Madam,
>
> I write as the registered keeper. I have no legal obligation
to identify the driver and I decline your invitation to do so.
>
> Your Notice to Keeper does not comply with all the
requirements of Schedule 4 of the Protection of Freedoms Act
2012, including paragraph 9(2)(e). As such, you cannot transfer
liability from the driver to me as keeper. The warning you quote
from paragraph 9(2)(f) is only effective where the notice is
fully compliant, which it is not.
>
> There will be no admission as to the identity of the driver
and no inference or assumption can be drawn.
>
> Please now either:
>
> [indent]1. Cancel this Parking Charge Notice, or
> 2. Reject my appeal and issue a POPLA verification code in my
name as keeper.[/indent]
>
> I do not consent to any further requests for driver details.
>
> Yours faithfully,
>
> [Name]
> Registered Keeper
--- End Quote ---
[/quote]
Update: ParkingEye have now rejected my appeal and issued a
POPLA verification code in my name as registered keeper.
They still maintain their position and continue to rely on PoFA
wording, despite the NtK not being fully compliant (as
previously discussed, including failure to meet para 9(2)(e)).
I have not identified the driver at any stage.
Before I submit my POPLA appeal, I just wanted to check:
Any guidance or example wording would be much appreciated before
I proceed.
Thanks again to everyone for the support so far 👍
MG
#Post#: 105194--------------------------------------------------
Re: Parkingeye PCN - Overstay - ASDA Cardiff Bay
DIR By: ixxy
Date: January 9, 2026, 7:25 am
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Can't say I'm surprised or that you will have any more luck
getting a POPLA assessor to grant your appeal either. Of course
Parkingeye think their PCN is compliant.
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.
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