We sometimes advocate something of a 'kitchen sink' approach to POPLA appeals, but given the open and shut nature of the lack of PoFA compliance, I'd be tempted to keep things short and straightforward, and force Britannia to engage with the issue at hand (or, more likely, withdraw).
There's no rush to submit anything, so await other views, but here's a basic starter:
POPLA Appeal
[NAME] (Registered Keeper) (Appellant)
-Vs-
Britannia Parking Group Limited (Operator)
Vehicle Registration Mark:[VRM]
POPLA Reference Code: [POPLA REFERENCE]
Parking Charge Notice Number: [PCN REFERENCE]
Case Overview:
I, the registered keeper (“I”/“the Appellant”) of the above vehicle (VRM: _______), received a parking charge notice via post from Britannia Parking Group Limited (“the Operator”), which purported to be a Notice to Keeper. I appealed to the Operator, who acknowledged and subsequently rejected my appeal. It is my position that as the registered keeper of the vehicle I have no liability for the parking charge, and that my appeal should therefore be upheld. My appeal is on the following ground:
No keeper liability: the Parking Charge Notice does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act (“PoFA”/“the Act”):
The operator does not not know the identity of the driver and is therefore seeking to recover the charge from me, the registered keeper of the vehicle. In order to be able to recover any unpaid charges from me as the registered keeper, the operator must comply with the requirements outlined in Schedule 4 of the Protection of Freedoms Act 2012. Britannia have chosen not to do so. Helpfully, the operator confirmed this in writing, when responding to my appeal:
"This Parking Charge is not POFA compliant"
Even if they had claimed to be seeking to hold me liable using the provisions of PoFA, they have failed to deliver the notice within the relevant period of 14 days beginning with the day after that on which the specified period of parking ended, as specified by 9(5) of the Act.
Date of Parking: 28/11/2024
Date of PCN issue: 16/12/2024
Date of presumed service: 18/12/2024
Elapsed time period: 20 days
As Britannia concede that they are not seeking to rely on the provisions of PoFA to hold me liable as the keeper, and as there is no evidence as to who was driving, I cannot be held liable for the charge, and my appeal should be upheld.