Free Traffic Legal Advice

The Notice to Keeper (NtK) is not PoFA compliant as it breaches paragraphs 9(2)(a) and 9(2)(e)(i).

Easy one to deal with… as long as the unknown drivers identity is not revealed. 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:

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

Hide your name, address, VRM and PCN reference - let us see everything else

How did you appeal? Did you chase up when you didn't receive a response within the time lines indicated in the Code of Practice? If not, get in touch and ask why they have not responded.

(And a perhaps obvious point, but check your spam folder if you haven't already)

Here is a suggested appeal to Horizon. It is derisory because because of their intellectual malnourishment by insisting to issue PCNs that consistently fail to fully comply with ALL the requirements of PoFA:

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Subject: Appeal of Parking Charge Notice (PCN) – Reference [PCN Reference Number]

Dear Horizon Parking Appeals Team,

I am writing to appeal the Parking Charge Notice issued on [Date] as the registered keeper of the vehicle [Vehicle Registration].

Your Notice to Keeper (NtK) purports to comply with the Protection of Freedoms Act 2012 (PoFA), yet fails to meet its requirements. The fact that Horizon claim PoFA compliance while drafting a notice that blatantly fails to meet the basic requirements of the Act only serves to highlight a case of severe intellectual malnourishment by whoever is responsible for the wording.

Allow me to point out to you why your NtK does not meet the requirements of Paragraph 9(2)(f) of Schedule 4 of PoFA:

Your NtK states Keeper liability arises 28 days from the second working day after the date of the Parking Charge. This is wrong. Paragraph 9(2)(f) of PoFA specifies:

"...the end of the period of 28 days beginning with the day after that on which the notice is given."

Let’s break it down into manageable chunks for you:

• Parking Charge Date: 18th October 2024.
• Notice Given Date: 25th October 2024 (two working days after the issue date, as per your own wording).
• PoFA-Compliant Start Date: 26th October 2024.
• Correct Deadline: 22nd November 2024.

By using an earlier start date of 22nd October 2024, your NtK is therefore non-compliant.

As the registered keeper, I am under no legal obligation to identify the driver to Horizon, an unregulated private parking company. Your NtK can only hold the driver liable unless strict compliance with PoFA is achieved, which, as outlined above, it is not.

Your NtK cannot hold me liable as the Keeper. As Horizon cannot hold me liable, if there was any competence in the ranks of Horizon's appeals team, you’d already know that.

If you are struggling to understand why the NtK fails to comply with PoFA, might I suggest passing this appeal to someone at Horizon who possesses the intellectual capacity to grasp basic legal requirements? Assuming such a person exists, they may be able to save you from further embarrassment by cancelling this Parking Charge now.

Horizon's non-compliance with PoFA means this charge would fail at POPLA. I strongly urge you to save us both the time and effort by cancelling this Parking Charge immediately.

If you persist in this futile attempt to hold me liable, I require a detailed response addressing these points, along with a POPLA code so that I can have this non-PoFA compliant PCN formally overturned.

Please post the NoR -all sides, only redact yr name & address.

Please to post the letter here: only redact yr name & address.