Free Traffic Legal Advice

Nobody pays a penny to UKPC if they follow the advice they receive here. Their Notice to Keeper (NtK) is not fully compliant with PoFA 2012 which means that as long as the driver is not identified, they cannot hold the Keeper liable.

Unlike in your narrative, where you have clearly intimated that you, the recipient of the NtK, were the driver. All you must ever do is, as the Keeper, refer to the driver in the third party. No "I did this or that", only "the driver did this or that". You may want toed your opening post!

Np initial appeal will ever be successful so we don't waste much time or effort on it. The aim is to get a POPLA code with the rejection, which is then valid for 33 days and make a more substantive appeal to them, for what it's worth.

Even if POPLA is unsuccessful, you do not pay. Their decision is not binding on you. It will go all the way to a county court claim which we provide the relevant template defence and in due course (9-12+ months) the claim is either struck out or discontinued.

For now, 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:

Quote

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. UKPC 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. UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

DO you really want to only receive documents by post? That is. one of the easiest ways to receive a judgment in default because of delays or post that goes missing. Ideally, you want to receive everything by email.

If you want to prevent their emails going to spam, then whitelist their domain (moorsidelegal.co.uk).

You received a copy of the claimants N180 DQ and you have received your own. You have been given instructions above on how to complete your own N180 DQ. Just follow that.

As for the letter, just boilerplate stuff. The claim will soon be transferred to your local court and directions will be issued.

Before that, you will receive an appointment for a telephone mediation. This is not part of the judicial process and there is no judge involved. It is a waste of time but you have to go through the motions. The mediator is not legally trained and all you have to do is offer £0 and it will be over in minutes.

If the mediator tries to suggest that your defence is lacking or anything, you complain and tell them that the claimant has a copy of the defence and you stand by it and then tell us so that a formal complaint can be lodged.