Paid to park in wrong car park - Parking Eye PCN received

[WhiteVanMan5]

The driver arrived at Asda Totton Car Park at 21:23 on 19/6/25 and departed at 05:53 on 20/6/25.
The Asda store was initially entered with the intention of making a purchase, however in the event no purchase was made. Shortly after this the decision was made to park the vehicle in the store car park overnight. The Horizon Parking App was used to purchase parking from 10pm on 19/6/25 until 6am on 20/6/25.
In checking the recipt for the parking now, it seems that the purchased parking was for Totton Shopping Centre, which is over the road. We do not know the area and even if we had seen that at the time, would probably not have appreciated it was a different car park.
Parking at both Asda Totton, and Totton Shopping Centre are offered in the Horizon Parking App.
Looking now, Totton Shopping Centre costs £5.75 for this period (the amount paid) whilst Asda Totton costs £3.39 for that period. The mistake was not an attempt to save money!!

A Parking Charge Notice has been received from Parking Eye for £100 (£60 if paid within 14 days).

What is my best course of action from here?

[des8]

Could you post up a redacted copy of the PCN (leave in times & dates) and a photo (with all wording legible ... even the tiny bits at the base!)

[WhiteVanMan5]

Here is the redacted PCN. I'm not sure what photos you want. I can't see any option in the letter to download higher quality photos than those in the letter.

[des8]

OOps, post 2 has been pruned

It should have read "Could you post up a redacted copy of the PCN (leave in times & dates) and a photo (with all wording legible ... even the tiny bits at the base!) of the car park signs. Were the signs plentiful, lit, and at a reasonable height?

I am out today so might not respond further until tomorrow.

[WhiteVanMan5]

I am not from the area, so all I have is Google Streetview from August 2024.

The signs do appear plentiful. However they apply to shoppers and not purchased parking through the App.

The driver arrived on that day at 21:23, but parking was purchased some time later after visiting the store. Sunset that day was at 21:11. It is unknown how well the signs were illuminated.

It is noted that the signs in the Google Streetview images in August 2024 are for a Parking Charge amount of £70, but the PCN received is for £100. Presumably the signs have been changed in the period between Streetview and parking.

[WhiteVanMan5]

A friend managed to get to Asda Totton for me today and took these photos. One of the signs still states £70.
There is a sign for the daily and monthly parking, but there is no site id or anything on it.

[des8]

Before you read further I have just seen the new photos and will need to revise what is written below!
I started at 7 this a.m.and parked it before going out for the day, and just finished off without checking for updates.

!I think that sign has probably been replaced, as the parking charge is shown as £70 whereas your PCN is for £100
Also that sign is forbidding (for use only whilst shopping) and there is no offer for longer staying, whereas the app suggests that overnight parking is allowed.
It would be good if you could get a copy of the current car park signs, as from the wording of the PCN (maximum stay car park ...3hours0minutes max stay time) it does not appear that overnight parking is allowed

The PCN seems to have been issued correctly in accordance with the conditions of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) (you might like to check)
I doubt ParkingEye or POPLA will accept an appeal based on an error of using the wrong app so currently I see your options as:
i) appeal and hope
ii) pay the reduced charge £60
iii)await the inevitable court claim (which will be £170 plus some court costs/fees) which you defend.

Regarding the defence it could be based on the signage, depending on the wording of the signs.
You will be able to obtain a copy of the sign from ParkingEye when they initiate the court claim
If the signs follow the wording shown your defence will be that as they are suing you for breach of contract, there was no contract as it is not possible to do something that is not allowed.

You will be sued as the driver or alternatively as the keeper. This is grounds for complaint to the court as PE should not be offering a menu

Further as the driver you can challenge the extra £70 on a couple of grounds and
as the keeper you can challenge the extra £70 as not permitted under PoFA

Sometimes these challenges are accepted by the court. Occasionally Judges have dismissed the whole claim. but it cannot be guaranteed.
County court is a bit of a lottery.

You choice if you want to defend,
You will need to put in the time and effort and attend court (not scary, but a day off)

If you want to defend we can assist you with drafting documents etc

[des8]

So looking at the PE signs there is an obvious difference in the parking charge.

Under the circumstances I would suggest appealing to PE on the basis that you paid Horizon for parking as per the notices in the car park.
Enclose with your appeal copies of the bottom photo above, and a copy of your Horizon receipt.
I would not, at this stage, confess to having paid for the wrong Horizon site.

If this doesn't work and it all ends up in court you will have a good defence and evidence of no intention to contract with PE who therefor have no standing to sue.

[WhiteVanMan5]

I would like to defend my position. I believe, generally, that the parking companies are unscrupulous, verging on scammers and would like to stand up to them.

I understand I may win, or I may lose and I understand I may have to take time off to attend a court hearing. I am prepared to do this as the "right thing to do".

I will work through the appeal now.

[WhiteVanMan5]

I confess I've cheated and got ChatGPT to assist me. This is what it has suggested (version 3 to ensure I follow your guidance). Does it look ok?

"

Subject: Appeal against Parking Charge Notice Ref: *****
Vehicle Registration: *****
Date of Event: 19–20 June 2025
Location: Asda Totton

Dear ParkingEye,

I am writing to appeal the above Parking Charge Notice.

The vehicle was parked overnight with payment made via the Horizon Parking app, in accordance with the signage present at the location. Clear signs at the site direct users to use Horizon Parking and reference their payment system and terms (see attached photo). These instructions were followed in full, and payment was completed accordingly.

Given that parking was paid for as per the signage and a valid session was active for the relevant period, I do not accept that a Parking Charge is due. No loss has been caused, and the signage on site supports the belief that all requirements had been met.

I respectfully request that this charge be cancelled. Evidence of the signage and payment confirmation are enclosed.

Yours faithfully,
**** ****

---

Enclosures:

1. Photo of the Horizon Parking signage at the site.
2. Copy or screenshot of your Horizon Parking payment receipt.

"

[des8]

That seems fine to me, (but also include the PCN refernce number .).........whether or not PE will agree is another matter.
As a rule of thumb parking companies don't accept appeals as that course of action is opposed to their business plan (which is to make as much money as possible!)

[WhiteVanMan5]

A surprising, and successful result. Thank-you.

[des8]

well done; and good to see PE can be reasonable
Thanks for the update

[tesla6518]

Well done, however just a quick query, Does the fact the signage states Need to stay longer? Please see a customer service colleague in store with your full, correct vehicle registration details have any affect whatsoever

[WhiteVanMan5]

Well done, however just a quick query, Does the fact the signage states Need to stay longer? Please see a customer service colleague in store with your full, correct vehicle registration details have any affect whatsoever

I'm afraid I'm not qualified to answer that.

I suspect they're different cases.

You refer to customers who need more time in store.
My case refers to non customers purchasing parking.