Parking Eye - Town Quay Southampton

Darthij

Hi everyone,

I've received a penalty from ParkingEye and hoping someone can shed some light on the best way forward. Here's the timeline:

• August 2024: My vehicle received a PCN from ParkingEye. I was under the misguided belief that ignoring it was the best course of action (I know, I know, very foolish - it had worked for me a number of times before though!).
• 25th November 2024: I received a Letter Before County Court Claim (LBCCC). This prompted me to revisit this forum, and I quickly realiSed I had handled things incorrectly.
• November 2024 Post-LBCCC: I was thankfully not the driver at the time of the alleged parking infringement. I immediately wrote to ParkingEye, explaining that I was not the driver and provided them with the full name and contact details of the actual driver. I received an email acknowledgment of this from them, so I was confident it had been received.
• Today (2/1/2025): I received the following letter from ParkingEye via email:

"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."

My Question:

Since I've already provided ParkingEye with the driver's details as requested in their LBCCC, should I just ignore this latest letter? Or is there a more strategic approach I should take? I'm worried that ignoring them, even though I've technically complied, might lead to further complications. 

For additional context, it's a privately owned vehicle, not a business lease or hire car.

Any advice or insights from those who have been in a similar situation would be greatly appreciated! Thanks in advance

Fruitcake

If the location is covered by port or harbour bylaws, (and I believe it still is) you should state this, and that since it is not relevant land as defined by the PoFA schedule 4, the keeper cannot be held liable. Since you were not the driver, and can prove the same in court, PE should either cancel now or be prepared to lose in court.

Do this now, today so that hopefully a claim won't be issued. Even if they do, this should be an easy win for the keeper, whereas the driver might lose.

Personally I wouldn't provide the driver's details again unless you really hate them, or they do not live in the UK.

Bylaws can be found here, including a map. If the vehicle was parked inside the area indicated in red on the map, then the site is not relevant land and thus the keeper cannot be held liable.

marked up version of byelaws [4.3.03]

Gr1pr

Penalty Notice or Parking Charge Notice   ?  It's usually the latter

Reply with the same driver details as previously,  stating that you have already discharged your pofa requirement so have no keeper liability and will defend any future court claim stating it and providing evidence to the court , so stop sending templates and go chase the actual driver 

We dont need to have been in the same situation to understand the basics,  most informed people here avoid these situations but still have the knowledge required 

Fruitcake

Gr1pr said:

Penalty Notice or Parking Charge Notice   ?  It's usually the latter

Reply with the same driver details as previously,  stating that you have already discharged your pofa requirement so have no keeper liability and will defend any future court claim stating it and providing evidence to the court , so stop sending templates and go chase the actual driver 

We dont need to have been in the same situation to understand the basics,  most informed people here avoid these situations but still have the knowledge required 

I wouldn't provide driver details again, nor remind them driver details have already been provided if it's not relevant land since the keeper wasn't driver.

Fruitcake

Please also help us by complaining to your MP and asking it to be forwarded to the MPs currently try to get the government to take action against the unregulated private parking industry. See details in this post: -

Parking stories in the News/media - Page 220 — MoneySavingExpert Forum

Please also sign the petition linked in this post by Nellymoser to get the mandatory code of practice activated as soon as possible.

Parked in a disabled Bay, no ticket - Page 3 — MoneySavingExpert Forum

Coupon-mad

Fruitcake said:

Gr1pr said:

Penalty Notice or Parking Charge Notice   ?  It's usually the latter

Reply with the same driver details as previously,  stating that you have already discharged your pofa requirement so have no keeper liability and will defend any future court claim stating it and providing evidence to the court , so stop sending templates and go chase the actual driver 

We dont need to have been in the same situation to understand the basics,  most informed people here avoid these situations but still have the knowledge required 

I wouldn't provide driver details again, nor remind them driver details have already been provided if it's not relevant land since the keeper wasn't driver.

Agreed. You should never have given the driver's details...but it could work out well.  Stay silent.  If they end up suing you (the keeper) then you have a perfect defence.

Darthij

Coupon-mad said:

Fruitcake said:

Gr1pr said:

Penalty Notice or Parking Charge Notice   ?  It's usually the latter

Reply with the same driver details as previously,  stating that you have already discharged your pofa requirement so have no keeper liability and will defend any future court claim stating it and providing evidence to the court , so stop sending templates and go chase the actual driver 

We dont need to have been in the same situation to understand the basics,  most informed people here avoid these situations but still have the knowledge required 

I wouldn't provide driver details again, nor remind them driver details have already been provided if it's not relevant land since the keeper wasn't driver.

Agreed. You should never have given the driver's details...but it could work out well.  Stay silent.  If they end up suing you (the keeper) then you have a perfect defence.

Thanks - I thought that if they had already gone down the LBCCC sharing was my only option - hadn't realised the stuff about ports and that they couldn't sue me as a keeper!  You live and learn.

Gr1pr

Darthij said:

Coupon-mad said:

Fruitcake said:

Gr1pr said:

Penalty Notice or Parking Charge Notice   ?  It's usually the latter

Reply with the same driver details as previously,  stating that you have already discharged your pofa requirement so have no keeper liability and will defend any future court claim stating it and providing evidence to the court , so stop sending templates and go chase the actual driver 

We dont need to have been in the same situation to understand the basics,  most informed people here avoid these situations but still have the knowledge required 

I wouldn't provide driver details again, nor remind them driver details have already been provided if it's not relevant land since the keeper wasn't driver.

Agreed. You should never have given the driver's details...but it could work out well.  Stay silent.  If they end up suing you (the keeper) then you have a perfect defence.

Thanks - I thought that if they had already gone down the LBCCC sharing was my only option - hadn't realised the stuff about ports and that they couldn't sue me as a keeper!  You live and learn.

Not just ports,  anywhere that isn't relevant land,  be it ports, airports, train stations,  anywhere in the UK,  not just England and Wales,  so Belfast,  Glasgow,  Edinburgh etc

Plus council land etc

You look at where POFA does apply as a nation,  then look at the location within the qualifying nation only,  currently its 2 nations,  soon to be 3 nations,  before looking at a location itself,  especially if bylaws apply,  such as railway land,  airport land etc

I still don't believe that you as keeper received a Penalty Notice from Parking Eye  !

Darthij

Gr1pr said:

I still don't believe that you as keeper received a Penalty Notice from Parking Eye  !

Suspect you're right, but I've lost the original correspondence.

Darthij

My wife has now received the PCN from ParkingEye.

Do I just follow the Newbies page from this point, or is it different as I've had to identify the driver?

Fruitcake

If the driver ignores the NTD, it "should" revert to the keeper who cannot be held liable. However, PE may decide to pursue the named driver anyway, and issue a LoC then a claim against them. It's such a shame the driver was named in the first place.

Do you know if the previous PPC's signs are still at the site, because that should be a winning point for the driver at PoPLA if they are still there?.

How did you get on with your complaints?