PCN from ParkingEye but we never actually parked

RoseA1234

Hi all, bit lost with this one so any advice would be appreciated.

My partner's had a PCN from ParkingEye, but I was the one driving. We pulled in at 10:59 and the car park was completely full. I had my father-in-law with me, who's disabled and can't walk far, and this was the nearest car park to his appointment, so we didn't really have another option.

We went round a few times with no luck. Then I spotted a guy sat in his car who said he'd be off in 5 minutes. He wasn't. After waiting ages we gave up, drove round once more in case anything had come free, and still nothing. So we left and parked somewhere else. We were in there 9 minutes in total.

Now we've had a letter saying we entered at 10:59 and left at 11:08, and it's £100, or £60 if paid within 14 days. Parking was only £1 and I'd happily have paid it if we'd actually found a space, but we never parked.

Is this worth appealing? Any help would be great, thanks.

knightstyle

So who owns the car park??? The best way forward is to get them to cancel this PCN. Remind them that they are responsible for the actions of these parking cowboys.

As said many many times plan A is always the best way forward.

Woodstok2000

Redact any personal info and post pictures of both sides of the PCN here.

Car1980

No consideration, no contract.

Plus this is the equivalent of waiting in the bar in the Indian Restaurant and the waiter coming over and handing you a £60 bill because the person on the only available table hasn't left yet.

MrJenkinsEsq

https://forums.moneysavingexpert.com/discussion/comment/82152340#Comment_82152340

I'm not sure about no consideration. A promise to allow parking is sufficient even when there are no spaces. Parking is usually the conduct that accepts the offer, so it fails there instead. No parking, no acceptance, no contract. Even if the signs say entering is acceptance, the tariff is only payable for parking, so there was nothing to breach.

RoseA1234

Both sides of the PCN @Woodstok2000

RoseA1234

No idea who owns the land its a private car park @knightstyle

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82153026#Comment_82153026

Appeal with a copy of the passenger's blue badge (if he has one) and tell ParkingEye that you were driving round and round in search of an available space but there were none, which ParkingEye will know from site data. The car park spaces were all full and their own data will show the number of vehicles inside, compared with the number of parking spaces. You will require ParkingEye to supply this comparison data at POPLA stage. The car was never parked and given the needs of the disabled passenger you had to leave and parked at xxxxxxx instead, having gained no amenity from the first site.

Later, and mainly for POPLA 2nd appeal stage:

• Do you have proof of then paying to park elsewhere?
• And/or do you have Google location data showing where you then parked?

RoseA1234

@Coupon-mad I followed the advice on the forum and did not say who the driver was and now they are requesting for more information on the driver:

Thank you for your correspondence in relation to the Parking Charge incurred on 17
September 2026 at 11:08, at Dallam Lane, Warrington 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 and pass this notice to them, or alternatively, you as the Registered Keeper,
are invited to pay the Parking Charge.
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 Limited, 40 Eaton Avenue Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
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.
Evidence can be uploaded via our website by visiting; https://portal.parkingeye.co.uk/ or
sent by post to the below address. We strongly recommend that only copies of evidence
are sent to us, as we will be unable to return original documentation if this is sent via post.

Gr1pr

Ignore it, its a phishing attempt

Coupon-mad

No, use it as an opportunity to now send what I advised you to say. Exact words.