Parking Eye Appeal - Response from Parking Fine

Fizzyduck123

Hi there I'm needing some help and people on here seem very helpful. With some of the information on the forums I appealed a Parking Eye charge and they have responded. I now don't know what I am to do if people can assist that would be a great help. 

I appealed by using the template....

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

They have responded with this....

Dear Sir / Madam, 

Thank you for your correspondence in relation to the Parking Charge incurred on 05 February 2025 at 14:37, at Lidl Banbury - OX16 2DX 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.

Can anyone please help?

Thanks in advance

Dan

DE_612183

What did the manager of Lidl say when you asked him to get the PPC to cancel the invoice from Highway?

Gr1pr

Confusing,  you stated that the parking company was Parking Eye that issued the PCN,  yet your appeal mentions a completely different company,  namely Highview Parking   ( Group Nexus   ) , as a hirer,  not as a registered keeper 

You also mentioned the word FINE, but magistrates issue fines,  not private parking companies   !

So you received a parking charge notice, an Invoice,  so who issued it  ?

Are you the Registered Keeper   ?  Or are you a hirer or lessee   ?

If the relevant Parking company complied with the law, then you may well be liable,  as their reply explains,  many appeals are routinely rejected,  especially if they have a case and complied with POFA 

I suggest that you clarify the facts in this case,  clear up the confusion 

Fizzyduck123

Sorry

I will try to make things clearer. 

I received a private parking charge from Lidl while hiring a vehicle from enterprise cars. 
They sent the PPC to my parents address which is down on my drivers licence. However they have been on holiday for 2 months so I didn't know about the charge until they arrived back and the charge had gone up to £100! Even though enterprise would have received this PPC and knew of my address when I hired the car with them so why didn't they send the charge to my address??

The company is Parking Eye not Highway I used a template I found in the forum which was for highway and I just altered my wording to say parking eye. 

What can I do?

Thanks

DE_612183

The PPC did not come from LIDL it came from parking eye, for parking in a car park when you were getting a car from Enterprise.

Was the ticket for the hire car or the car you drove to the car park?

Gr1pr

Enterprise, as the Registered Keeper,  used the BVRLA memorandum of understanding guidelines and Pofa2012 to name you s hirer and therefore to transfer liability to you, as hirer,  or try to  ( presumably Parking Eye sent you a Notice to Hirer that should have included a copy of the hire contract,  so was that contract included with the NtH  ?  Yes o No  )

Highview,  not Highway  !  Attention to detail is paramount in these case

Your drivers licence details are irrelevant,  nothing to do with the case , this is about your contract with Enterprise and the parking contract at Lidl

Fizzyduck123

The PPC came from parking eye 

Enterprise say any parking charge will be applied to the hirer at the time but they never sent any details through to me. So I presume parking eye sent enterprise a charge and also sent the charge to my parents address and I never knew of the charge until over the 28 days.

Gr1pr

No

Parking Eye sent the Notice to Keeper pcn to Enterprise 

Enterprise named the hirer to Parking Eye 

Parking Eye then reissued the charge as a Notice to Hirer to the hirers address listed on the hire contract 

That Notice to Hirer arrived at your parents address 

You appealed the NtH as  hirer but failed to change the parking company details from Highview Parking to Parking Eye 

Parking Eye read the appeal,  laughed about the content and replied asking for the drivers details 

So sit it out and wait for the rejection with Popla code in a few weeks time 

Fizzyduck123

No the appeal I sent to parking eye didn’t mention highview parking at all 

I changed every highway parking reference to say parking eye. As I said I saw a similar appeal from someone to highview parking so I used their template and changed every detail to say parking eye 

Gr1pr

Then you should have provided that information in the first place,  when you mentioned the template 

Regardless of that omission 

sit it out and wait for the rejection with Popla code in a few weeks time 

Meanwhile,  check if a copy of the hire contract came with your NtH and let us know,  because you haven't mentioned it either 

Coupon-mad

Fizzyduck123 said:

No the appeal I sent to parking eye didn’t mention highview parking at all 

I changed every highway parking reference to say parking eye. As I said I saw a similar appeal from someone to highview parking so I used their template and changed every detail to say parking eye 

Perfect!

Just wait for the POPLA CODE in the rejection letter, then copy any POPLA NTH paragraph 13 POFA appeal