ParkingEye - Centurion Point, Chester

GaryxG

Hi, first of all, massive thanks to those who helped me last year with a successful appeal against another parking operator.  When I say successful, I have not heard back from them since I submitted my appeal on 13th October 2024.  Checked junk mail religiously - nothing.  No further letters since the NTK.  But of course I will ensure I let them know if I move house in the next 6 years....

Anyway, I have a joys of a new one from ParkingEye:

NTK issued within 14 days. POFA 2012 compliant, with the 29 days warning about keeper liability.  Keeper is my wife.  Driver on this day was my son.

It's a carpark my son uses when he goes to the Gym Group.  Free parking for 30 mins, but any longer than that, and you need to enter your reg number into the kiosk inside the gym.  He is adamant he did this, but no proof.  What he does have however, is evidence via the Gym Group app that he attended the gym on the day and at the times stated on the NTK.

I tried Plan A and contacted the Gym Group.  They advised 1) they are not the land owner and 2) they will not write to PE to ask them to cancel the charge.  They advised me to appeal to PE with evidence of his attendance at the gym.  Thanks very much Gym Group.

Is it worth me appealing with evidence that he attended the gym on that day?  I have this from a screen shot on the app.  The screenshot does not show his name and address.

I have told him in future to take a photo of the kiosk screen evidencing that he has registered the car on the system for parking.

Gr1pr

You cannot appeal it,  not if the letter is addressed to your wife as the Registered Keeper 

At this point we dont recommend stating who was driving 

Clearly the gym is a tenant,  so complaining about the PCN to the landowner is still the recommended option by the keeper , plan A has not been actioned yet  !

Yes a photo should always be taken,  as proof of registering the vehicle   ( it could have been a typo too  )

GaryxG

Thank you for your quick reply.  Yes, the letter is addressed to my wife as the registered keeper.  Presumably I find out who the land owner is by looking at the sign in the car park?  

As an aside, I'm baffled as to why some PPCs issue POFA compliant charge notices and others don't (like the one I was successful against last year).  It would be really easy for them to change their wording and make even more ill gotten gains?

Umkomaas

GaryxG said:

Thank you for your quick reply.  Yes, the letter is addressed to my wife as the registered keeper.  Presumably I find out who the land owner is by looking at the sign in the car park?  

As an aside, I'm baffled as to why some PPCs issue POFA compliant charge notices and others don't (like the one I was successful against last year).  It would be really easy for them to change their wording and make even more ill gotten gains?

I issue this advice from time to time in this context.  Hope it might help. 

SOME IDEAS FOR DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there.

LDast

PE NtKs are not fully compliant with all the requirements of PoFA. Specifically paragraph 9(2)(e)(i) because...

Under Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), the Notice to Keeper (NtK) must include a specific invitation to the keeper to pay the charge. This requirement serves to ensure that the keeper understands their liability and has a clear course of action.

The operator cannot simply rely on the fact that the Parking Charge Notice (PCN) is addressed to the Keeper to satisfy Paragraph 9(2)(e)(i) of Schedule 4 of PoFA. The law explicitly requires a clear and specific invitation for the keeper to either:

• Pay the parking charge, or

• Provide the name and address of the driver (if the keeper was not the driver).

This is not an "implied" requirement; it must be explicitly stated. Merely inferring that the keeper is invited to pay because the notice is addressed to them does not meet the strict wording requirements of PoFA.

PoFA compliance requires specific wording. The law’s intention is to make the responsibilities of the Keeper clear and unambiguous. Phrases like "you are now invited to pay this parking charge" or "you are required to do X, Y, Z" are examples of wording that PoFA expects.

If the notice only says, for example, "the charge must be paid" or "payment is required" without directly inviting the keeper to pay, this is insufficient under PoFA. The wording must link the keeper directly to the payment obligation in an unambiguous way.

The operator cannot claim keeper liability under PoFA if they fail to meet the explicit requirements of 9(2)(e)(i). This is a valid appeal (and defence) point, as courts and independent adjudicators should not rely on implied obligations instead of explicit compliance with statutory requirements.

However, you would have to lead the assessor or the judge by the nose to that point.

GaryxG

Via land registry I have determined who the land owner is: Atmore Developments Ltd.

They appear to have a significant commercial property portfolio (£150m+) across the North of England and beyond.

I have contact details for their CEO, so will write to him.  I don't hold out much hope though...

PolePosition2

Umkomaas
"If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there"

Hi,

Any cases for who is the landowner for Owlerton Green car park managed by VCS.

There are two retails 
Dunkin Donuts 800 Penistone Rd, Hillsborough, Sheffield S6 2GF

KFC 801 Penistone Rd, Hillsborough, Sheffield S6 2GF

PPC VCS manage the car park at the rear called Owlerton Green.

Any cases that you know of that might suggest who the landowner is would be appreciated 

GaryxG

Ok, so the Landowner has no interest in helping with this case.  No surprise. This is one of hundreds of properties that they own.  From reading the newbies guidance, my next step is Plan B, which is to send an appeal as follows:

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

Questions:
Am I still ok to use this approach if my PCN is POFA 2012 compliant?
The PCN includes images of the vehicle - do I still need to ask for this again, along with a photo of the sign?

Gr1pr

Stick to the template appeal if the pcn complies with POFA,  in her name if its in her name and if no appeal has been made yet

You are a helper,  her P.A. , its nothing to do with you other than an adviser,  like we are

GaryxG

So, I wrote to them with my appeal as follows:

"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

I also attach evidence that the driver attended the Gym Group on the day and time in question and as such was a genuine customer of the operator on the land."

They have responded as follows:

"Dear Sir / Madam,

Thank you for your correspondence in relation to the Parking Charge incurred on 05 February 2025 at 16:35, at Centurion Point - Chester 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 Limited, 40 Eaton Avenue Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454

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."

What should my next step be?

Nellymoser

You could do this if you want to see Parking companies practice improve sign the petition linked in the post below. Ask family, friends and work colleagues to sign too. 

Once your signature is confirmed use the shown link to 'Contact your MP to let them know you have signed this petition'. Our MPs are the ones to make this happen. 🙏

https://forums.moneysavingexpert.com/discussion/comment/81195013/#Comment_81195013