Should I pay PCN

Here is an update on the current situation.
Have received an e-mail from the store manager confirming my son is a member and was in the club on the day of PCN,and also that he was not informed off the new system so could not have entered registration of vehicle.

So now the question is I am still waiting to here back from PE about my appeal, do I contact them again and forward this e-mail to them as evidence or wait and supply this in the POPLA if appeal rejected.

Thanks I will do as soon as possible

So finally I have received my notice of appeal rejected and been issued with a POPLA code, so below is my initial POPLA draft with omissions for obvious reasons. Please advise on the structure, thanks.

POPLA Ref No.xxxxxxxxx
I am the registered keeper and I wish to appeal a recent parking charge from Parking Eye Ltd,. The charge is levied despite the driver not being identified and vehicle legally on land.
1. The vehicle was indeed on the land legally as is backed up by the word document included, which is an e-mail from the General Manager of xxxxxxxx , of whose members the car park is for the use of. Parking Eye Ltd. Were sent a copy of this e-mail but have obviously ignored it.
2. The minimum grace period was not allowed by the operator:.
Vehicle entered car park at xxxx and left at xxxx,
British Parking Association Code of Practice 13.1 – 13.4 states:
13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still
allow them a grace period to read your signs and leave before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end
of the parking period should be a minimum of 10 minutes.
3. Insufficient signage.
Parking Eye Ltd. state that the terms and conditions of parking are displayed at the entrance to the car park but their own images of the vehicle included on the PCN disprove this because no signage is visable in said images. The keeper made a special visit to the car park to ascertain the positioning and quality of the sign. They are positioned further inside the entrance and would only be visable to the driver if they happened to be driving a convertible with the roof down and quite clearly this is not the case in the images. Unreadable signage breaches Appendix B of the BPA Code of Practice which states that terms on entrance signs must be clearly readable without a driver having to turn away from the road ahead. A Notice is not imported into the contract unless brought home so prominently that the party 'must' have known of it and agreed terms beforehand. Also because of this visit it is noted that the sign is a forbidding one, so no contract can be made with the driver.
4. No standing or authority to pursue charges nor form contracts with drivers.
Parking Eye Ltd. are required to provide a full copy of the contemporaneous, signed & dated (unredacted) contract with the landowner. Any contract is not compliant with the requirements set out in the BPA Code of Practice and does not allow them to charge and issue proceedings for this sum for this alleged contravention in this car park. In order to refute this it will not be sufficient for the Operator merely to supply a site agreement or witness statement, as these do not show sufficient detail (such as the restrictions, charges and revenue sharing arrangements agreed with any landholder). In order to comply with paragraph 7 of the BPA Code of Practice, a non-landowner private parking company must have a specifically-worded contract with the landowner otherwise there is no authority.

As Parking Eye Ltd. do not have proprietary interest in the land, I demand that they produce an unredacted copy of the contract with the landowner that authorises them to offer contracts for parking in their name, issue Parking Charge Notices and take legal action in their name for breach of contract. I do not believe they have such authority.

Parking Eye Ltd. has no title in this land and no BPA compliant landowner contract assigning rights to charge and enforce in the courts in their own right.




I take it they will have the PCN details from PE or do I need to include the photos on the PCN