Are there any motorists who have had a parking charge notice from ParkingEye after parking at Southampton Quay? Does that Charge Notice/Notice to Driver indicate that they intend to use the Protection of Freedoms Act 2012 to pursue the registered keeper?

The PoFA and guidance indicates that if the parking is regulated by Byelaws then PoFA cannot be used. The Port Authority has confirmed that parking is regulated by Byelaws but it chooses not to use the Byelaws. That doesn't matter. There are still Byelaws in existence. The DfT has also made it clear that public bodies that have regulation making powers cannot use PoFA even if no regulations have been made! The DfT guidance on PoFA states that Port Authorities cannot use PoFA

The Port Authority has contracted with ParkingEye for it to manage its parking. So it looks like they are operating in contravention of the PoFA. Making a false statement to a registered keeper that he is liable for the debt for a driver under PoFA when PoFA cannot be used may be regarded as an offence.

POPLA has supported motorists appeals because Southampton Quay is regulated by Byelaws.

The DVLA has taken advice from the BPA, and, as you might have guessed, the BPA had backed its members claiming that there are no byelaws applying to parking - despite the confirmation from the Port Authority

The MP for the area in which Southampton Quay is situated, Mr John Denham MP, has been provided with evidence of wrong doing on his patch but decided not to act. Upon having a complaint put to him by a Southampton resident, as she is not living in his constituency, he has cited Parliamentary convention as preventing him from raising the matter with the Government Minister responsible.

So, if there are any residents of Southampton living in his patch and who would like their MP to raise the matter please pm me and I will let you have a letter to put to him.



Ipswich Guardian

He's not actually wrong there, those are the parliamentary rules. There is nothing to stop the Southampton resident raising the matter with her own MP, he/she can still get involved even if Southampton Town Quay isn't in his/her conststituency.