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Parkingeye / POPLA unsuccessful - Ilford Retail Park
Dear Sir/Madam,
I am writing to formally appeal the Parking Charge Notice issued in relation to my vehicle, registration AA01 ABC, at Ilford Retail Park on 19 September 2025.
The signage at the site makes clear that parking is free for up to two hours, after which payment is required depending on the duration of stay. On this occasion, my vehicle entered at 12:07:32 and exited at 14:33:12, a total stay of two hours and twenty-five minutes. This fell within the three-hour tariff, meaning that a payment of £1.60 was due.
It is important to note that ANPR systems record only the times of entry and exit, not the actual period of parking. The BPA Code of Practice, paragraph 13.1 states:
"You should allow the driver a reasonable ‘consideration period’ to decide whether to stay or go. If the driver chooses to stay then you must allow them a reasonable period of time to leave the car park before you take enforcement action."
In my case, it took approximately ten minutes after entry to locate a space and park, and on departure I spent time attempting to make payment at the machine, which failed to process my input. As a result, the total time the ANPR records is longer than the actual period parked, and the Code requires operators to take this into account.
Before exiting the car park, I attempted to make the required £1.60 payment. I entered my registration number correctly, as evidenced by the attached photograph, but the machine failed to respond when I pressed the buttons to continue. With no alternative method of payment offered on the signage, such as by phone or app, it was impossible for me to complete the transaction despite making a genuine attempt to do so.
The BPA Code of Practice, paragraph 20.11 states:
"Where parking is subject to payment, operators must ensure that machines are maintained in good working order, that there are appropriate instructions on how to use them, and that motorists are not penalised if they have not been able to pay due to a fault with the machine."
This requirement was not met, and the failure lies entirely with the operator’s equipment.
In addition, the BPA Code of Practice, paragraph 13.4 requires that:
"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. You must allow the driver a minimum of 10 minutes grace period."
My vehicle remained on site for only twenty-five minutes beyond the free two-hour period, much of which was spent trying to use the faulty machine. To issue a penalty under these circumstances is not consistent with the BPA’s guidance.
In contract law, this situation also amounts to frustration of contract. A motorist cannot be bound by a contract where performance is rendered impossible through no fault of their own. I entered the car park on the understanding that payment could be made before exit, but the operator’s failure to provide a working means of payment made this impossible.
In light of the above, the Parking Charge Notice has been incorrectly issued and must be cancelled. If you do not accept this appeal, I require the provision of a POPLA verification code so that the matter may be independently reviewed.
I have attached two images alongside this appeal which I produce as:
Image 1 - Picture of machine & signage
Image 2 - Picture of my registration number inputted into the machine
**IMAGES HERE ARE WRONG WAY AROUND**

Thank you for your appeal in relation to the Parking Charge incurred on 19 September
2025 at 14:33, at Ilford Retail Park, Essex car park.
We have reviewed the details outlined in your appeal, but we are not in receipt of
sufficient evidence to confirm that the terms and conditions were not breached. Our
records confirm that no parking was purchased on the date of the parking event, despite
there being payment methods available.
We are writing to advise you that your recent appeal has been unsuccessful and that you
have now reached the end of our internal appeals procedure.
If you wish to have your case independently assessed, please be advised, there is an
independent appeals service (POPLA) which is available to motorists who have had an
appeal rejected by a British Parking Association Approved Operator. Contact information
and further information can be found enclosed. See also www.popla.co.uk
By law we are also required to inform you that Ombudsman Services (www.ombudsman-
services.org/) provides an alternative dispute resolution service that would be competent
to deal with your appeal. However, we have not chosen to participate in their alternative
dispute resolution service. As such should you wish to appeal then you must do so to
POPLA, as explained above.
Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the
driver can appeal to POPLA (Parking on Private Land Appeals).
As a gesture of goodwill, we have extended the discount period for a further 14 days from
the date of this correspondence. If you appeal to POPLA, you will not be able to pay the
discounted amount in settlement of the Parking Charge, and the full value of the charge
will be outstanding. In addition, if your appeal to POPLA is unsuccessful, you will no
longer be able to pay the discounted amount and the full value of the charge will be due.
A payment can be made by telephoning 0330 555 4444, by visiting
www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your reference
number on the reverse of any cheque/postal order so the payment can be allocated.
If you have received this correspondence via email, please allow 24 hours for our
systems to reflect the discounted value before making a payment via our automated
payment line or website.
On 25/10/2025 I submit the appeal to POPLA:
I am appealing this Parking Charge Notice as the registered keeper of the vehicle. I believe the charge has been issued incorrectly and should be cancelled.
On 19 September 2025 my vehicle entered the car park at 12:07:32 and exited at 14:33:12. This total time includes driving in, finding a space, reading the signs, and later trying to pay before leaving. The signs state that parking is free for up to two hours, with payment required after that. My total stay therefore fell within the three-hour tariff for which the fee was £1.60.
Before leaving, I went to the machine marked “Pay Here” to make payment. I entered my registration number correctly, as shown in the photo I have attached, but the machine failed to respond and would not process payment. There was no mention of any other way to pay and no member of staff on site. I made a genuine attempt to comply with the terms but payment was impossible due to the operator’s own equipment failure.
The British Parking Association Code of Practice (paragraph 20.11) requires operators to make sure machines are maintained in good working order and that motorists are not penalised if they have been unable to pay due to a fault with the machine. ParkingEye has not provided any proof that the machine was working properly at the time. The burden of proof lies with them to show that it was.
ParkingEye’s rejection letter claims “payment methods were available”. However, the signs at Ilford Retail Park only instruct drivers to pay “at the payment machine before exiting”. There is no mention of pay-by-phone, pay-by-app or online payment. While there is a telephone number at the bottom of the sign, it is not described as a payment line. The BPA Code of Practice (paragraphs 19.3 and 19.7) says that signs must be clear and must show all available payment options. The only clear instruction on site was to use the single machine, which I did. When that machine failed, there was no other option – this machine had the words “Pay here” on top of it.
The ANPR system records only entry and exit times, not the actual period of parking. The BPA Code of Practice (paragraph 13.1) says operators must allow a reasonable period on arrival and departure. It took about ten minutes to find a space on arrival and several minutes at the end of my stay were spent trying to pay at the faulty machine. The actual parked time was therefore less than the total duration shown.
The BPA Code of Practice (paragraph 13.4) also requires a minimum grace period of ten minutes after the end of any permitted stay. Much of the extra time beyond the two-hour free period was spent attempting to pay. Issuing a charge in these circumstances goes against the Code’s guidance and basic fairness.
In contract law, a contract is frustrated when performance becomes impossible through no fault of the person involved. The operator’s failure to provide working equipment made payment impossible, so no enforceable contract was formed.
The £100 charge is also disproportionate and unfair under the Consumer Rights Act 2015, which deems terms unfair if they cause a significant imbalance to the detriment of the consumer. The alleged unpaid tariff was only £1.60, and I made every reasonable effort to pay.
I have requested from ParkingEye a copy of all data relating to this event, including any payment machine records, and will forward any relevant material to POPLA if it is received.
To summarise, I made a genuine attempt to pay using the only payment method clearly advertised. The operator has not shown that its equipment was working, has failed to follow the BPA Code of Practice regarding equipment maintenance, signage clarity, consideration periods and grace periods, and has applied a charge that is excessive and unfair.
For these reasons I ask that POPLA allow my appeal and direct ParkingEye to cancel this Parking Charge Notice.
Supporting evidence:
1) Photograph showing registration number entered into the payment
machine
2) ParkingEye rejection letter (20 October 2025)
3) Photograph of the tariff board and signage at the car park
Car Park - Ilford Retail Park, Essex
Date of Event - 19/09/2025
Time entered - 12:07:32
Time of exit - 14:33:12
|
Redacted Plate |
Start Date |
End Date |
Duration |
Payment |
|
LM1*** |
19/09/2025 10:14 |
19/09/2025 16:14 |
6 hours 0 minutes |
£3.50 |
|
GX6*** |
19/09/2025 10:36 |
19/09/2025 16:36 |
6 hours 0 minutes |
£3.50 |
|
RA2*** |
19/09/2025 11:53 |
19/09/2025 17:53 |
6 hours 0 minutes |
£3.50 |
|
NL7*** |
19/09/2025 11:58 |
19/09/2025 14:58 |
3 hours 0 minutes |
£1.60 |
|
SV1*** |
19/09/2025 12:25 |
19/09/2025 18:25 |
6 hours 0 minutes |
£3.50 |
|
AU2*** |
19/09/2025 13:02 |
19/09/2025 19:02 |
6 hours 0 minutes |
£3.50 |
|
MR1*** |
19/09/2025 13:11 |
19/09/2025 16:11 |
3 hours 0 minutes |
£1.60 |
|
SY6*** |
19/09/2025 13:14 |
19/09/2025 19:14 |
6 hours 0 minutes |
£3.50 |
|
LG1*** |
19/09/2025 13:26 |
19/09/2025 16:26 |
3 hours 0 minutes |
£1.60 |
|
WP1*** |
19/09/2025 13:40 |
19/09/2025 19:40 |
6 hours 0 minutes |
£3.50 |


So, within the evidence bundle they suggest there are two machines. They have provided 'evidence' that other vehicles have paid. Ok... but where is this mythical second machine? Well it's on the bloody retail end of the car park where the Lidl is!!! Nowhere near where I parked and there is NO signage anywhere around the place I parked that says that there is an second machine and its location.
Importantly, the minimum stay for all the cars that paid was 3 hours. So this leads me back to their 50 pages of bull****. They provided compelling evidence about their ANPR being accurate but NO evidence to say how their ANPR corresponds with the machines!! I think the machine has not recognised that I have overstayed and therefore did not prompt me for payment!
I have reviewed the operator’s evidence bundle and wish to make the following comments.
ParkingEye’s evidence does not demonstrate that the charge was issued correctly. Much of their submission is generic text unrelated to my case and fails to address the key issue that payment was attempted but impossible due to a fault with their equipment.
Their pack confirms that the site has only two payment kiosks, yet no site map or photographs are provided to show where these are located or whether they are clearly signposted. The signage I encountered directed drivers simply to “Pay Here” at the single machine visible near the exit. No notice, map or instruction pointed to any second machine or other means of payment. The British Parking Association (BPA) Code of Practice, paragraphs 19.3 and 19.7, require that signs be clear, legible and show all available payment options. The operator has failed to comply with this requirement.
My attached photograph shows my registration number correctly entered on the payment machine. The operator’s own “Whitelist Lookup” confirms that no terminal entry was recorded for my vehicle, proving the machine failed to process the transaction. This aligns with my account that the machine became unresponsive after inputting my details. ParkingEye has supplied no maintenance logs, engineer reports or system records to prove that the machine was operational on 19 September 2025. The BPA Code of Practice, paragraph 20.11, states that operators must ensure machines are maintained in good working order and that motorists are not penalised if payment cannot be made due to a fault. The operator has not met that obligation.
The operator includes a table showing other vehicles that made payments that day. This does not show which kiosk was used or that both machines were functional. More importantly, their own data undermines their case: the table shows that drivers staying for about three hours paid £1.60, which matches the posted tariff. My total stay was 2 hours 25 minutes, well within that same tariff band. It is entirely plausible that the system did not recognise that I had exceeded the two-hour free period and therefore failed to prompt for or process payment. This explains why my registration appears on the machine screen but no payment record exists. Such a system error lies with the operator, not the motorist who attempted to comply.
ParkingEye’s reliance on ParkingEye v Beavis [2015] UKSC 67 is misplaced. In Beavis the driver knowingly overstayed a free-stay period. In this case payment was due and I made a genuine attempt to pay; it was prevented by equipment failure. The circumstances are fundamentally different.
The operator also cites “grace periods” and compliance with the “Private Parking Sector Single Code of Practice”. That Code is not yet mandatory for existing sites until December 2026, although its principles mirror those of the BPA Code by requiring clear signage, working payment systems and fair treatment. Even under the transition period, the operator’s practices fall short of both codes’ standards.
My total time on site included time spent parking, reading the signs and attempting to pay. The BPA Code of Practice paragraphs 13.1 and 13.4 require operators to allow reasonable consideration and grace periods; applying these, my stay was within permitted time.
Their own case history shows the charge was generated automatically by a “system check/manual check” before any DVLA request. This confirms the process was automated and no individual assessed whether a payment attempt occurred or whether the machine was faulty. The rejection letter I received was equally generic and ignored every point and piece of evidence I supplied. This breaches paragraph 23.4 of the BPA Code of Practice, which requires operators to review each appeal carefully and respond appropriately to the evidence provided.
In summary:
• I made a genuine attempt to pay using the only clearly advertised machine.
• My photograph and the operator’s own records show that the machine failed to register my attempt.
• The operator has produced no proof that both machines were working or clearly signposted.
• Their evidence supports the likelihood of a system error preventing payment.
• They have breached multiple BPA Code of Practice requirements, including paras 19.3, 19.7, 20.11 and 23.4.
• Their conduct also fails to meet the emerging standards of the Single Code of Practice, which reinforces the need for fairness, transparency and properly maintained equipment.
• The £100 charge is disproportionate given the £1.60 tariff and contrary to the fairness principles of the Consumer Rights Act 2015.
For these reasons the operator has not demonstrated that the parking charge was issued correctly or fairly. I respectfully request that POPLA allow my appeal and direct ParkingEye Ltd to cancel this Parking Charge Notice.
summarised the grounds into the following points and have checked each point before coming to
my conclusion. The appellant says that:
falls short of the requirements. The appellant included photographic evidence of the parking
machines not working (times two) and the operator's initial appeal response in support of their
appeal. The evidence has been included in my assessment.
When assessing an appeal, POPLA considers if the parking operator issued the parking charge
notice correctly and if the driver complied with the terms and conditions for the use of the car park
on the day. POPLA is a single-stage appeal service that is impartial and independent of the sector.
Code of Practice has been jointly created by the British Parking Association (BPA) and the
International Parking Community (IPC). It is largely based on the Government’s Private Parking
Practice (The Code) sets the standards its parking operators need to comply with. Section 3.1.1 of
There is insufficient evidence to prove that both parking machines were out of order. I note they
raised that there was frustration of contract, however, this was not the case as there were 2
parking machines on site and the operator only demonstrated that they tried to pay at one parking
machine and as previously stated, they should have checked before the 2 hour free time expired to ensure they could pay for any additional parking time. The appellant has told us in their response that they consider the charge is unfair and disproportionate contrary to the Unfair Terms in Consumer Contract Regulations. The appeal reasons raised have led me to consider the relevant case law of ParkingEye v Beavis. The fairness of parking charges was considered more broadly by the Supreme Court in the case of Parking Eye v Beavis.
---------------------------------------------
The end.... so chat.. sorry that was long. Am I cooked?
Comments
-
Just ignore it. You are right that you needed better evidence that the machine wasn't working and a video would have been good.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
I know, I'm so gutted. Not sure what I was thinking.Coupon-mad said:Just ignore it. You are right that you needed better evidence that the machine wasn't working and a video would have been good.
Ignore it as in let them take me to court and give it a go there or... pay up?0 -
Obviously no paying!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD3 -
Out of interest, I saw something what I think is absolutely daft but maybe it's standard practice with these losers..Coupon-mad said:Obviously no paying!
Within their contracts / agreements with the landowner that they supplied in their evidence bundle: as opposed to having the names of the landowners printed underneath their (redacted) signatures, they have written 'Managing Director' and separately 'CEO'.
I have never heard of someone writing their job role where they are supposed to be printing their names. Is that allowed?0 -
Well their evidence if that's all it was tells you nothing:
- An original plan of intent for allocation of signage on installation which is undated and is what it says an allocation plan not evidence the signs were placed or existed on the day. That should have been debunked.
- An undated "site overview" which is basically as point 1 but in this case just a Google Earth screen grab with coloured squares placed on it it is not evidence, they could have made that up any time.
- Their "evidence" of payments if that is the only submission does not cover the time you tried to pay it stops 40 minutes prior to your attempt as the "Start Date Column" is the pay time, you needed the next hours records at least too, but the dim POPLA assessor has bought into it.
- POPLA stated: Parking Eye have ensured their signage is compliant with the Single code of practice Did they actually provide evidence that the signage was compliant on the day of the incident I bet they didn't.
- ANPR cases are remote time only cheap profit makers the on the day evidence is usually confined to that with a master copy signage submission which POPLA always side with unless you take them by the hand and point out their evidence is; neither dated, on site or current.
You need to drag POPLA kicking and screaming with you they like to fall on the side of their paymasters, e.g. if the signage is missing you need proof you cannot just say it was missing.Unfortunately you have also made some mistakes with up to date facts e.g. the Joint COP, Beavis, but never mind as C-m says no need to cave in to these bullying halfwits.
3 -
Useful to pay the parking company on an app
when you get home, even if it's a different location and keep the evidence, in situations like this.
2
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