If you follow the advice here, you will not be paying a penny to NPC. However, you will not win this with any appeal. It will go all the way to a court claim where we will advise on how to defend it and eventually the claim will either be struck out or discontinued.
Are you prepared to follow the advice and fight or are you low-hanging fruit on the gullible tree who will eventually pay up out of ignorance and fear?
For starters, by appealing and identifying as the driver, you have already blow away the no Keeper liability defence. Thisis because you should only have appealed as the Keeper of the vehicle and referred to the driver in the third person. Until you blabbed that you, the known Keeper, were also the unknown driver, they had no idea who the driver was.
Because their Notice to Keeper (NtK) is not compliant with PoFA paragraph 9(2)(a), they could not hold the known Keeper if the unknown drivers identity was known. That useful defence has now gone.
However... the same reason that they have failed to comply with PoFA 9(2)(a), also means that they have not evidenced that the vehicle was stopped for longer than the minimum consideration period for a contract to have been formed by conduct. The BPA/IPC PPSCoP section 5.1 requires that a minimum 5 minute consideration period is required, in order to allow the driver to seek out and find the signs, read and decide whether to accept the terms and conditions of parking before issuing a PCN.
Also, basic contract law requires a consideration period for a contract by conduct to be formed. Without this evidence, they can't prove that a contract was formed with the driver and any judge worth his salt would throw it out of court.
So, if you want to avoid paying a penny to NPC, are you prepared to follow the advice and fight this? If not, then I won't bother providing further advice unless you confirm that you don't want to waste your hard earned money paying NCP.
Good Morning
I thoroughly enjoyed your response, I admit I knew I had messed up by appealing, it was a reaction stemmed from emotion, I shall no longer do this on the matter.
Although I did tick the "registered keeper" and not the "I was the driver" box, I understand by blabbing I have lost that defence, ignorance on my part, good to know for next time.
Normally I am the gullible person who would pay, but as a matter of principle I do not want to give them a penny of my money, I work two jobs for my daughter, not to pay them more than the entire amount I earned on the night, irrelevant but I hope this echos how irritated I am at this appeal denial, it baffles me how any sane person can sit there and deny an person with obvious merit to be there and clearly not trying to circumvent parking rules, simply doing my job.
Thank you so much for providing the PoFA 9(2)(a) argument, I argued the same thing, although in layman's terms without paraphrasing anything so moot point
So are my next steps to essentially do nothing/ignore everything until a letter before action I assume? Sod the next appeal correct?
I am prepared to fight this, all the way, in fact after reading your response I think I relish the idea of fighting it.
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