Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Zambo on July 21, 2025, 10:35:49 pm
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The Parking Charge Notice (PCN) is not PoFA compliant and so they cannot hold the Keeper liable, as long as the unknown driver is not identified. 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. NCP 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. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
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I suggest you ensure that you never identify the driver, see https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ if you haven’t already, always refer to “the driver” in the third person unlike the words you have used, and respond to the effect that the driver has never used the car park they are alleging, and that you expect the notice to be cancelled.
Note that today, 22 July, is the latest date by which they would need to send an amended notice to you, the registered keeper, to hold you liable for the actions of the driver, whom they don’t know and you will not identify. So it’s too late for them to fix their mistake if you don’t identify the driver.
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Hi All,
Received a NCP Parking Charge to Keeper (£100, £60 if paid withing 14 days), for Parking on private land, in a unauthorised area, and liable for the same, having been brought to the attention of the driver by clear signage in and around the car park.
Now, admittedly, recognise the car park (Wimborne Redcotts Lane BH21 1JX) / situation / photos. Parking in a "private" space, not NCP allocated space. However, the charge states the infringement took place at another car park (Winton Wimborne road BH9 1JP), some 12 miles away, of which I have never used and clearly was not there on the day.
Is there a case for incorrect information and request to quash?
Thanks in advance.
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Yes, such as a copy of the PPN with dates showing just cover personal details.
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Welcome to FTLA.
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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Hi All,
Received a NCP Parking Charge to Keeper (£100, £60 if paid withing 14 days), for Parking on private land, in a unauthorised area, and liable for the same, having been brought to the attention of the driver by clear signage in and around the car park.
Now, admittedly, recognise the car park / situation / photos. However, the charge states the infringement took place at another car park, some 12 miles away, of which I have never used and clearly was not there on the day.
Is there a case for incorrect information and request to quash?
Thanks in advance.