Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: PigeonPUSB on May 24, 2025, 01:19:52 am
-
Nothing to worry about here. Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. APCOA has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
-
Hi
The keeper of the vehicle has received a PCN for parking at the CBS arena Coventry without a valid payment or permit. The driver of the vehicle was attending an event at the arena that in previous years had been free parking. They therefore assumed that it would be free this year too. It was not until the PCN was received this year that they realised that when looking at the event details on the website right at the bottom was a notice that said parking is free but vehicles must be registered online either before or by using one of the machines at the arena. There were no notices up on the day to let people know of this or indeed they weren't told upon entry to the car park by the parking attendant. What is the best way to proceed? Thanks
[attachment deleted by admin]