There is no requirement for a Notice to Driver (NtD) to be affixed to the vehicle. A Parking Charge Notice (PCN) issued as a postal Notice to Keeper (NtK) is what you have received.
Are you a taxi driver? If so, try the following as an appeal, but only as the Keeper of the vehicle:
Subject: Formal Challenge to Parking Charge NoticePCN Reference: [Insert Reference]
Vehicle Registration: [Insert VRN]
Dear Sir/Madam,
I am the registered keeper of the vehicle referenced above and formally challenge the Parking Charge Notice (PCN) on the following grounds:
1. The Vehicle Was Not "Parked" Under the Legal Definition
The driver was waiting to collect a resident who had pre-booked the taxi service. The delay of 13 minutes was caused solely by the resident’s unforeseen failure to exit the premises promptly.
This constitutes loading/unloading, which is legally and contractually distinct from "parking". The driver remained in the vehicle at all times, actively engaged in the legitimate activity of waiting to collect a passenger. The vehicle was not abandoned or parked.
Any reasonable operator must accept that delays caused by residents are beyond the control of the driver and do not amount to a breach of any parking terms.
2. The Signage is Prohibitive and Fails to Form a Contract
The signage at the entrance states "Permit Holders Only," which is prohibitive in nature. Such wording does not constitute a contractual offer to drivers without permits and therefore, no valid contract can be formed with the driver.
Without a contract, no breach of terms can occur, and any demand for payment is legally void. Furthermore, the terms on the secondary sign fail to clearly prohibit brief stops for legitimate activities such as for taxis collecting passengers.
3. Non-Compliance with Protection of Freedoms Act 2012 (Schedule 4)
The Notice to Keeper (NtK) fails to meet the mandatory requirements of PoFA 2012, specifically:
Paragraph 9(2)(e)(i): The NtK does not "invite the keeper to pay the unpaid parking charges" as required under PoFA. Instead, it merely advises the keeper to pass the notice to the driver or provide the driver’s details.
This is a fatal error under PoFA 2012, and as such, you cannot transfer liability to the keeper. I am under no legal obligation to identify the driver.
4. Legitimate Use of the Location for Pre-Booked Taxi Services
The vehicle was at the location to fulfil a pre-booked service for a resident. Penalising a professional taxi driver for delays caused by the resident’s actions is unreasonable and disproportionate. Taxi services rely on reasonable access to collect and drop off passengers.
Should this PCN not be cancelled, the taxi company will have no alternative but to blacklist residents of this location in future, denying them access to taxi services. As part of this process:
• All residents will be notified of the blacklisting and the reasons for it.
• The management company that contracted CPM will also be informed that CPM’s unreasonable enforcement has directly caused this decision.
This is likely to reflect very poorly on CPM and may impact any future contract renewals for parking enforcement services. The residents and management company deserve to be aware of how CPM’s conduct negatively impacts their ability to access essential taxi services.
Conclusion
This Parking Charge Notice is invalid for the following reasons:
1. The vehicle was not parked but engaged in a permitted activity of waiting to collect a resident passenger.
2. The signage is prohibitive and fails to create a contract with non-permit holders.
3. The NtK does not comply with PoFA 2012, and keeper liability cannot be established.
4. The charge is unreasonable and disproportionate, given the legitimate purpose of the stop.
I require confirmation that the Parking Charge Notice has been cancelled. Should you fail to do so, I will escalate complaints to the landowner, IPC, DVLA, and any relevant regulatory authorities. I will also ensure that all residents of the location and the management company are notified of the taxi company’s decision to blacklist the site due to CPM’s unreasonable actions, which is likely to reflect poorly on CPM.
Yours faithfully,