Good morning all.
I have a Parking Charge from Nexus Group. The letter asks for the driver's details under Para 9(2)(b) Of Schedule 4....etc.
The letter goes on to advise that after 28 days if the charge remains unpaid the RK becomes liable to pay under Para 9(2)(f) of Schedule 4 .... etc. I can't upload the image.
Sorry if this has been asked before, I have tried to find an answer.
1) Have they fully complied with all legislation to pursue me in court?
2) Should I send the following response that I found on your site, or have they fully complied by drawing my attention to the two paragraphs of the relevant protection of freedoms act 2012, therefore rendering any appeal a waste of time?
Any help appreciated. Thank you.
"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. Horizon 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. Horizon 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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