Free Traffic Legal Advice

If your client is seeking to rely on Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) in order to hold me liable as keeper, they are unable to do so. The initial Notice to Keeper was not received, as I had moved address and the V5C logbook had not yet been updated with the DVLA at the time of the alleged contravention. As such, no PoFA-compliant NtK was served within the timeframes required by paragraph 9(5) of the Act. Even if your client were to issue or re-send a copy now, it would be well outside the statutory period and would not remedy the defect. Your client is therefore unable to rely on PoFA to establish keeper liability.

On the off-chance, see if you can log onto the POPLA portal and if it will let you submit something. No harm in trying.

If it will not, then it is a case of waiting to see if they decide to take the matter to court, where you will have the opportunity to defend the matter. Where cases are defended, the claimant often discontinues before the hearing.

Thank you for your email.

​Firstly, please see attached a copy of your initial appeal, a copy of the original Parking Charge sent, and the proof of postage for this.

From review of the appeal, you have only mentioned points relating to PoFA compliance and the KADOE contract. In your appeal response, the team have provided the relevant information regarding the Parking Charge being compliant, as well as the reasonings for the Parking Charge being issued. The reasons for the Parking Charge being issued supports the validity of the charge being issued, meaning we had full authority to request your details from the DVLA.

Please refer to the copy attached, showing you had been notified under PoFA, the option to transfer the liability, and the time frames for appeal/payment.

I can also see that we responded to your comment regarding the creditor 'The Parking Charge clearly states the creditor, please re-read the Parking Charge for this information'.

All appeals are reviewed on a case by case basis, by our appeals team (staff members) - templated responses are used to ensure consistency, and to ensure full and correct information is provided across the board. Individual questions raised that are relevant to a case as responded to free hand.

Please refer to the copy attached, showing you had been notified under PoFA, the option to transfer the liability, and the time frames for appeal/payment - I am happy with the response provided, and all relevant questions or points raised have been responded to.

From review of the email trail dated the 22/03/2025, I can see this has not fully be resolved, therefore can only apologise for any confusion or frustration caused. I have raised this with our training and compliance team to review. However, the appeal process was completed correctly.

From review of this case, I am happy this complies with the BPA Code.

​I am willing to allow a further 7 days for payment of the discounted amount of £60​ - this will expire on the 14/04/2025.

Should you be unhappy with your appeal response, you have been provided with the option to appeal to POPLA - please ensure the time frames for this are met to ensure you do not miss the deadline.

We must also make you aware that all complaints must be responded to within 21 days, not 14. This time frame has also been met.

Kind Regards,

I hope you didn't use that linked response to an appeal rejection as your initial appeal to Britannia! Their appeal rejection letter suggests you included a load of old cobblers in your initial appeal with references to their ANPR certification, their insurance cover, the BPA Code of Practice (superseded in October 2024 by the PPSCoP), grace periods and other nonsense such as something to do with night time photos (certainly at this stage).

What EXACTLY did you say in your initial appeal that that rejection letter refers to? I don't want paraphrasing. Precisely what you put in your initial appeal.

Before you get any help with a POPLA appeal, we need to know what you have blabbed to Britannia. Are they aware that the Keeper is the driver? Was any reference to the driver made in the third person? Did you use things like "I did this or that" or did you use "the driver did this or that"?