Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: JohnBravo on June 09, 2024, 11:32:57 am
-
As expected. The dates are not PoFA compliant either. Just send the appeal as suggested. Only the driver is liable and they have no idea who that is.
-
Date of incident: 11/05/2024
Date of sending this Notice: 24/05/2024
Pay by date: 21/06/2024
I have been at their premises for 11 minutes
Thanks everyone.
-
I wasn't necessarily saying the appeal needs to say how they've failed (although there's little harm in it), just that it helps OP's understanding if we explain in our posts.
-
Amended to include an explanation to NCP:
This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA as your NtK has made no reference to the requirements of PoFA 9(2)(f). As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.
-
When advising people that a notice does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act, where possible we should explain why it is non compliant, for the benefit of the OP's understanding, and others who may come across the thread.
From a quick look, the notice appears to omit the requirements of 9(2)(f) in their entirety.
(OP, there's a link to Schedule 4 of the Protection of Freedoms Act in my signature underneath this post)
-
You have redacted the dates. Please tell us the date of the incident and the date of sending of the NtK.
However, irrespective of that, the NtK is not PoFA compliant. This is good for you as long as you do not identify the driver, inadvertently or otherwise. The unknown driver is always liable.
If the NtK had been PoFA compliant, they would have been able to transfer liability from the unknown driver to the known keeper. As it isn't PoFA compliant, only the unknown driver is liable.
There is no legal obligation for the known keeper to identify the unknown driver. Hence, you have what we call a "golden ticket" as long as you keep shtum about who was driving.
Appeal with the following (verbatim):
This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.
-
Hi All,
I hope you are well.
I have attempted to park there but the place was not lit, I though I can pay cash, the machine looked like it can take cash, I typed in my reg number few times waiting for some slot to open but there was none. The machine is a big one so it looked like I can pay cash.
The information sign indicated two payment tiers with and without the parking app so not sure what the machine is for then. Can you imagine they offer like ~30+% off if you use the app. Ridiculous.
(https://i.ibb.co/hmxpDqk/derby12.jpg) (https://ibb.co/hmxpDqk)
(https://i.ibb.co/ynb3G91/derby1.jpg) (https://ibb.co/ynb3G91)
I left the place as I was not able to complete the cash transaction.
Should I phone them up and explain?