New Restrictions - Private/Unowned Road

[Lanny]

A little complicated to explain, but here goes.....

As a family/business, we have owned property both residential and commercial on a dead-end street since 1963, and parked on same street, which has never had parking restrictions.
We sold off a large section of the land to developers for residential housing, but have kept a semi detached house on the road.

During the sale of the land it was discovered that seemingly no one has claim to the road itself and the owner has not been found.

In recent months, Parking Eye signs have appeared, attached to the brick wall of a property on the opposite side of the road. Given that this is our access and parking used for our property, the car was parked on the road for 50mins recently and driver received a parking charge notice.

I intend to appeal as I do not believe anyone has claim to owning the road.
Before doing so I hoped someone could offer advice on which approach I take.
My thoughts are that I ask for the details of the landowner (if this is something that they can/could/should provide) and state that if an owner has come forward that they are responsible for the maintenance of the road. We believe that the owner has not been forthcoming given their responsibility to maintain the road..

Any thoughts would be most gratefully received!

[PallasAthena]

An unusual situation when it comes to parking issues. Have you been back to check the Land Registry to see if anyone has registered their ownership recently?

Wait for further advice here before doing anything but yes in principle they have to show they have authority from the landowner to charge for parking in the road. That will disclose who it is who thinks they own the road. I wonder if it is the developer you sold the land to?

In the meantime follow usual precautions when dealing with private parking companies and never disclose to them who the driver was. You might want to edit post #1 to clarify that you meant "the car was parked on the road for 50mins recently".

Was it a PCN attached to your car by a human being or have they used numberplate cameras and sent you the PCN by post as the Registered Keeper?

Whilst waiting for further advice please post up on here a copy of the of the PCN you have received, after covering up your name, address and car regsistration number and anything that might identify you (eg parking company reference numbers or barcodes).

[Lanny]

Thank you so much for your prompt response.

I understand your reason for suggesting that I edit my post, but unfortunately am unable. A search on this forum seems to suggest that I cannot edit posts until I have made a number of posts.

I am trying to find out more information on whether the land has been registered.

in the meantime, please see attached the PCN in question (which I finally worked out how to resize and upload)!

Many thanks!

[PallasAthena]

You should be able to edit now after two posts but in the meantime I have asked admin if they can make the edit for you.

I see the PCN describes the road as a car park but otherwise gives no clue as to who has appointed Parking Eye.

However signage is required at the location saying that parking restrictions apply and that may give a clue as to who PE are acting for. Can you locate any signage? If so can you post a photo of it on here, one that's clear enough for us to read the small print.

[EXC]

You should be able to edit now after two posts but in the meantime I have asked admin if they can make the edit for you.

Done.

[Lanny]

Good afternoon,

I have only just managed to get back to take photos of the signage on the street.

As you can see from the photos, the signage is fixed to the wall of the building that runs directly along the street. The street is a dead end, with private buildings/factory units at the far end.

I have details of the management company for the building that the signage is attached to. I will contact them to find out who is claiming ownership of the street.

Thank you.

[Lanny]

Unfortunately, due to being away when the PCN was issued on the 13th July. I did not receive the notice until 22nd July.
I note that the PCN details that payment must be made within 28 days of the date issued.
However, I imagine that this will be put on hold should I appeal the notice.

[PallasAthena]

Lanny I'm tagging des8 who may be able to comment further on what I think are two issues with the PCN which may make it legally unenforceable by Parkingeye irrespective of who actually owns the land and of whether the company who appointed Parkingeye were entitled to do so.

(1) The PCN itself is remarkably short of detail and as it stands I doubt it complies with the law (PoFA schedule 4). Is there more on the back of it? If so can you post that up too.

(2) The sign is purely prohibitory - "NO PARKING" - and I don't think prohibitory signs can be enforced in court. That's because the parking companies if they go to court base their claims on breach of contract. The small print in the signage says "By parking in this private car park you will be contracting with the landowner to park in accordance with the terms and conditions which apply ...'the Parking Contract' ...". But a purely prohibitory notice cannot, as I understand it, form a contract in law (no 'offer' and 'acceptance').

There's also the issue that the PCN refers to it as a 'car park' but you consider it is a private road.

[des8]

As PallasAthena suggests one cannot stick up a notice in big bold letters stating "NO PARKING" , then in tiny letters state that if one parks in that position one is contracting to park.
Also note that the sign does not delineate the area over which the sign has authority.

Even more importantly the alleged parking event was on 3rd June, but the PCN issued on 13th July.
To be valid and enforceable to allow transfer of liability from driver to keeper the notice has to be delivered to the keeper within 14 days of the parking event
(PoFA 2012 sch 4 section 9 (4) & (5)))

Here's a template letter you might care to use at your own risk:


I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

first class post with free certificate of posting from a post office

PS it's unusual for PE to make such a basic error!

[Lanny]

Thank you both so much for taking the time to review the details of the PCN and provide advice!

Given that the notice stated that payment must be made within 28 days of the date issued (10th August) I thought it best, or maybe panicked into sending communication to them on the 7th August, ahead of your advice above.

It seems that the error made by PE in the time taken to issue the PCN would make it invalid - luckily! Thank you for this advice!
I do however wish to find out who is claiming ownership for the road, so hopefully will have a response to my 'appeal', and hope that I have not accepted any liability in my communication to them, as below....

Our family have owned land property and businesses on ******* since 1963 and we have parked on this road to obtain access to our properties for over 60 years. Our understanding is that ******* does not have a registered owner. This was the case when we sold a large section of our land a few years ago. I would be interested to know if someone has claimed ownership for the road as they would be responsible for it's upkeep and maintenance. We have had no advice as landowners with access rights that the road has been claimed by any party.
We continue to require access and parking for our tenants, staff, management and trades, outside of our property. I imagine that once ******* development is completed, residents with drives onto ***** will also require access and parking outside of their homes.
I have contacted the developments on the road in an attempt to confirm who is claiming ownership of the road but have had no response.
Please confirm who you are providing parking management for and who is claiming ownership of ******.

Thank you for the template that you have provided - I will complete this and send by post as per your advice.

[Lanny]

Good afternoon,

Further to the advice that you kindly provided above, I wrote to Parking Eye in order to appeal the PCN on the ground that notice was not delivered to me as keeper within 14 days of the parking event.

Within the past few days, Parking Eye have informed me that my appeal was unsuccessful and as is standard, have asked advised me to pay the reduced charge or appeal through POPLA.

They made no mention of their failure to deliver the notice with 14 days.

Their letter detailed:
'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. The
signage displayed on site instructs users of the car park to input their full, correct vehicle
registration using the terminals on site. Our records show that your vehicle was not
registered to park on the date of the event.
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'

I will now of course appeal to POPLA on the same grounds as detailed in my appeal to Parking Eye.

I did include the following as you advised and wondered if I should also refer this to the ombudsman, given that they have continued to communicate after I have advised them of the error in delivering notice after 14days of the event.
'Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.'

Thanking you in advance for your help!

[PallasAthena]

No surprise that PE have failed to answer any of your questions or respond to any of your specific points. That's par for the course for private parking companies.

I'm confused by them saying "The signage displayed on site instructs users of the car park to input their full, correct vehicle registration using the terminals on site. ". The sign you posted earlier said nothing of the sort. It just said "No Parking". Are there signs saying what PE claim? "terminals" usually means that it is within a premises at the site, at a Reception desk or something, not out in the open. Does that mean anything to you?

The photos of your car in the original PCN are of such poor quality I can't make out whether any signs are shown, or indeed anything much at all. Do you recognise the precise spot your car was parked? What does the nearest signage say?

Did you get any further with investigating who owns the land?

[des8]

I'm pretty damn sure Parking Companies never actually read appeals, but send out template rejection notices hoping victims cough up.

When appealing to POPLA you need to go in hard and draw attention to all the parking company errors.
If you want help we can give you pointers, or perhaps if you post up a draft we can comment on it for you.

[Lanny]

Thank you once again for the advice.

I have put together the following to send to Popla on appeal:

'To whom it may concern,

I am writing to appeal a Parking Charge Notice issued to my vehicle, as per reference number above.
I am appealing on the grounds that;

1. The alleged parking event was 3rd June, but the PCN was issued on 13th July. Parking Eye failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

1. No signage on the roadside where the vehicle was parked. The signs attached to the building opposite did/do not delineate the area over which the sign has authority.

1. No terminals on site to be able to make payment or register the vehicle as Parking Eye mention should have happened in their letter dated 11 September 2025.

1. Parking Eye have provided no response to my question as to who owns the land and has instructed them to manage the parking. I queried this as our family/company have parked on this street since the 1960’s and require access to our property on the street. Up until recently, the street was not registered and had no one claim responsibility for its upkeep.'

In answer to your questions. The photos included on the PCN are dark and unclear, and do not show where the vehicle is parked. If the vehicle was parked on the street, it would have been on the opposite side to the building, along the kerb where no signage is located. It is not a car park but a street. Signs were only attached to the railings on the building opposite as per my photos.

There are no terminals or office on site to register vehicle details, certainly that I can see anywhere and no signage or directions to said terminals.

I have attached what I hope is a clearer version of the extremely small print found at the bottom of the parking signs - it is near impossible to photograph or indeed read! I can visit the road to try and take a clearer shot.


Is there anything further that you would add/change to my appeal or highlight, or indeed remove.

Apologies, I have not had the time to sit down and construct a response until now and am aware that the 28 day window is looming!