PCN appeal help - ParkingEye

jg484848

I will amend and submit POPLA. Thanks for your guidance 

jg484848

OK, I think I am there with final draft (hopefully) to submit, taking into account all the advice above

POPLA Verification code: XXXXXXX

Vehicle Registration: XXXXXXX

I was forwarded a letter dated 10/10/25 on the 16/10/25 from my employer relating to a company vehicle. My appeal to the operator ParkingEye was submitted and acknowledged by the operator the same day 16/10/25 and rejected via email 6/11/25. I contend that I am not liable for the PCN and wish to appeal against it on the following grounds:

1)      The parking period (24hrs) was paid for - error in initial PCN system saying 0.00 time paid (System unreliability)

2)      Consideration/Grace periods – BPA code of practice (non-compliance)

3)      Inability to extend / renew parking session on website provided (impossible to enter into / accept a new contract despite full intent, causing delay)

4)      No evidence of specific period parked (only entry and exit stamps via ANPR)

5)      No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

 

Summary

We paid for 24 hours parking and left immediately when the system failed to allow another payment to extend the session, thereby rejecting the contract. The appellant having gained no amenity from the wasted few minutes trying to extend the parking session. We instead drove out and paid to park for a further 24 hours at nearby XXXXXXX car park.

 

The Facts

I recently travelled and stayed for 2 nights (Sunday to Tuesday) in ******** with my partner to relax and destress after a busy work period, hiring an apartment over the road from the car park in question. The hirer recommended this car park for the stay…

INSERT RECOMMENDATION SCREENSHOT HERE

Sunday 5th October 2025

When we arrived, the car park was busy and tight, being a fairly small car park. We hadn’t realised it was marathon weekend so it was far busier than a normal Sunday. We travelled in an estate car so it is quite long and cumbersome to manoeuvre, so we had to do a “several point” turn and reverse park into the last space in the far right corner.

INSERT CAR PARK IMAGE FROM GOOGLE HERE

We then had to roll forward to allow the boot to open to retrieve my 2 suitcases because the bushes were overgrown and invading said parking space (as we were going out for dinner, I did not want to climb through overhanging brambles and bushes in clean, white clothes). If you see the old image of the car park from google, you can imagine how the shrubbery and brambles can easily overgrow in that corner, and also see how the space to turn around is only a car length long – difficult in an estate vehicle when full. I then went onto the recommended website (m.paybyphone.co.uk) after reading the signs and noting the car park ID number. It only allowed you to pay for 24 hours at a time on the website, so we did so promptly. I paid for 24 hours plus opted to pay an extra fee for a confirmation text (£0.21), and another extra fee for an expiry reminder text (£0.21) - receipt attached.

INSERT HERE

The plan being to simply renew/extend the parking first thing in the morning to cover my 2nd and final night of the stay… I set a reminder on my phone to do so.

Monday 6th October 2025

The next morning, I went back into the parking session webpage and attempted to extend the parking session, but the button was greyed out and wouldn’t allow me to click through. I thought perhaps that it needed to expire before you could extend, or maybe even the wifi signal was bad etc. so left it with a view to try again later that morning.

I tried again whilst walking around the town (on my cell data) and still had no luck so again thought it maybe had to expire before it let me extend, which makes sense…

I was already back at the car park when I got the text message reminder that I paid for – just 5 minutes before the actual parking expired at 14.39 – see attached (not very timely considering this was a paid service).

INSERT SCREENSHOT OF POORLY TIMED PAID REMINDER

As I was already waiting at the car park on my device for it to expire so that I could extend it, I waited… It expired, but still would not allow me to click the “extend” button. I then tried following the link in the reminder text itself that read “To add more time call 0330 400 7275 or smartphone users can use m.paybyphone.co.uk” but this yielded the same result, nothing. I walked over to have a look at the signage to make sure I wasn’t missing any small print about maximum stays of 24 hours – but I wasn’t. Having the above message even suggests that I could theoretically renew/extend, but it simply wouldn’t work.  I called the number on the signage but the robotic automated message was urging me to use my smartphone, then went on to tell me my number didn’t have an account registered and would need to set one up – not something I can reasonably do within the timeframe – even going off the 6 minute warning allowed by their paid “reminder service”. At this point I was truly stumped and starting to panic, I tried again to extend online but couldn’t – so we moved the vehicle to the nearby, more expensive **** ****** car park in an attempt to AVOID any potential issues. (see below payment proof relating to the nearby ****** ******* car parking - this was a pay on exit arrangement via machine, so the payment is dated the following day)

INSERT PAYMENT PROOF FROM BANK STATEMENT WITH DETAILS

Appeal

When I appealed the PCN with the operator, the ParkingEye system said we had paid for 0.00 of time and spent a total of 24hrs 13mins parked. So it was initially suggested we hadn't paid at all. Proof was provided of payment for parking, along with all above rationale but it was rejected. I can only assume we are now being penalised for an overstay outside of the 24 parking period purchased…. 7 mins trying to renew but eventually opting to seek alternative parking immediately (compliant with the BPA code of practice for minimum grace period of 10 minutes).

The ANPR says I arrived at 14.38 Sunday 5th October 2025, my attached payment receipt delivered to me 14.46 (parking session live from 14.45 to 14.45 day after) so it took me approx. 7 minutes to manoeuvre, park, register and pay as detailed above. It should be noted their system does not allow to you pay backwards, nor was the car parked the second it went through the ANPR camera. Furthermore we don’t have access to the ANPR time stamps in the moment so unsure how that is relevant. I paid for the time spent PARKED only.

My parking expired the following day (Monday 6th October 2025) at 14.45 and I left the premises at 14.52 according to the ANPR. This is 7 minutes – The BPA code of practice clearly states a minimum grace period of 10 minutes.

Any minimal overstay was caused purely by the ill functioning paybyphone.co.uk mobile site, rendering it impossible to extend my session and thus forcing me to reject the possible renewal of contract - I left without gaining any further amenity from the site beyond the 24 hours paid for. Paying to park elsewhere within minutes proves that position.

According to the BPA Joint Code (Feb 2025) consideration and grace periods table - I didn't exceed any allowances and at all times either side of the 24hrs paid parking was engaged in trying to pay.

In addition to this, It could be argued on top of my grace period, there is to be a further 5 mins minimum awarded as “consideration” to extend/renew.

I made every effort in good faith to extend our stay on the car park for a further 24 hours, but their online platform (paybyphone.co.uk) simply fell short of purpose. A platform I later came to realise is a charged service to use: £0.33 as per receipt breakdown. As this is a charged service, there is a failure to supply / not fit for purpose argument there, too.

 

Furthermore

No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner.

The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights, and of course all enforcement dates/times/days, and the boundary of the site - is key evidence to define what this operator is authorised to do, and when/where.

It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is authorised on the material date, to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic but crucial information such as the site boundary and any bays where enforcement applies/does not apply. Not forgetting evidence of the only restrictions which the landowner has authorised can give rise to a charge, as well as the date that the parking contract began, and when it runs to, or whether it runs in perpetuity, and of course, who the signatories are: name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal agreement.

Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement

 

I look forward to your thoughts and hopefully, forthcoming assistance.

Kind regards,

J

Coupon-mad

Can you add screenshot news article proof that it was marathon weekend? I would.

And that last bit needs changing, as the BPA CoP is now the Joint Code Feb 2025 and the landowner authority clause is now not para 7.

jg484848

Yes, no problem RE article.

All references to BPA CoP have now been replaced with "The private parking single CoP"

finally, with reference to the landowner, I have replaced the reference from paragraph 7 to 14, but should I also update/replace the points below with the new ones?

REMOVE:
a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement

REPLACE WITH:


Hopefully then, good to go

Coupon-mad

Yep.