For some reason the inserted url from imagur for the image of the PCN does not show up on posting. It worked on my last topic!
What am I doing wrong please?
I don't know but I will reproduce them here for you:
(https://i.imgur.com/btxodf1.png)
(https://i.imgur.com/xJ7WD56.png)
Do I, as the registered keeper have any grounds for appealing this ticket.
Yes. I have had exactly the same issue that I dealt with on behalf of a friend for a PE NtK that failed to define the relevant land.
The location stated in the NtK is not a valid address. "Aldi Southgate" on the front and "Aldi New Southgate" on the back of the NtK mean nothing. Enter either of those "locations" into Google maps and no Aldi Southgate or New Southgate comes up. The town or city is not mentioned and there is no post code to even reference it to.
On that basis alone, the NtK is not PoFA compliant and therefore, only the driver is liable. Because they have no idea who the driver is, unless you tell them, inadvertently or otherwise, they cannot hold you liable as the keeper. Under no circumstances must you reveal the identity of the driver. You are appealing solely as the keeper.
In the case I mentioned, PE lost at POPLA (case 6063403839) because they could not rebut the fact that the location as described in the NtK was not relevant land due to the ambiguity of the location and therefore the NtK was not PoFA complaint and as the driver was not identified, the keeper could not be liable and so the PCN had been issued incorrectly.
My advice is for you to appeal to PE with the following:
I am appealing as the keeper, Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are attempting to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). However, your Notice to Keeper (NtK) is not compliant with the requirements of PoFA.
I drew your attention to the relevant paragraph from PoFA 9(2)(a):
9(1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2) The notice must-
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.
Your NtK states the location as "Aldi Southgate" on the front and "Aldi New Southgate" on the back. A search on Google maps for "Aldi New Southgate" brings up a list of 5 different Aldi stores with the following post codes: N11 1QJ, SE25 5AJ, EN4 8SL, L14 2DE and EN1 1TH. None of those locations identify the relevant land. Therefore, as the relevant land is not identified, PoFA cannot be used to hold me liable as the keeper.
I would also like to point out to you another recent POPLA decision that went against ParkingEye for exactly the same reasons as outlined above. Please refer to POPLA case 6063403839 from January 2024.
There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.
Whatever you do, do not submit the above appeal before the 6th June as they could, in theory, re-issue the NtK with a location that does comply with PoFA in that there is at least a post code or town mentioned.