Free Traffic Legal Advice

But were there specific signs stating, "This site is now under the management of UKPA" or "Please note that the T&Cs have recently changed"?

Why would you pay the initial fee?

It's a con.

Write to them with a Subject Access Request in order to get the original PCN and then we can help.

The driver did make a purchase in the store but has not kept the receipt.

Proof of purchase through a bank statement? Loyalty Card?

You could try writing anyway.

Failing that, the RK can appeal on the basis that there is no liability since the NtK is not PoFA compliant and they have no idea who the driver was.

Hi jfollows, your message is gratefully received. I planned my defence to be one of procedure not being followed as b789 was suggesting. Your thoughts would be appreciated.

Quote from: b789 on October 23, 2025, 08:12:01 pm

Quote

6. Next steps
Once a Letter of Claim compliant with the Protocol and PD-PACP is served—including the documents and information specified above—I will take advice and provide a full Protocol response within 30 days.

If proceedings are issued without first supplying the outstanding documents and allowing that 30-day period, I will apply for a stay with costs under paragraphs 13–16 PD-PACP and invite the court to disallow any unrecoverable add-ons.

Please provide the requested materials within 30 days and confirm whether you rely on PoFA keeper liability.

There's danger attached to simply providing a defence which focuses purely on 'procedure' as you put it.

A County Court hearing is the lowest level of Court in the UK and most Judges tend to take a slightly informal approach to weighing up the evidence. As such, a Judge could very easily skip over such procedural errors on the part of either party.

What is the real basis of your defence?

Is there examples of what we need to send in? As we have never done this and only been guided by yourselves with great thanks

We have no idea what to send in or how to write such witness statements its very stressful this. Over a year now.

Thanks in advance

Do you have a copy of the original PCN?

Are you able to get pictures of the signage?

It could come down to the wording.

The wording of the PCN appears to place you in a good position since you did not 'park'.

I would start with something like;

1. It is acknowledged that I was the Registered Keeper of the vehicle at the material time.

2. The vehicle driver is not known to the Claimant and, as this is a contract dispute, I will not be identifying the driver under any circumstance as the law does not require it.

3. The Claimant appears to be relying on Protection of Freedoms Act (2012)(PoFA) in order to transfer liability from the unknown driver to myself.

4. In order to invoke 'keeper liability' using PoFA the Claimant must demonstrate that their Notice to Keeper (NtK) is compliant with Schedule 4 of PoFA - in this instance the NtK is not compliant as it was served well beyond the 14 day period required by the legislation.

5. As a result, with the driver unknown and no option of keeper liability, there is no legal route to liability in this matter.

6. Liability is therefore denied entirely.

Further defence points which the Court should be aware of;

7. (then add your further points being very careful not to imply that you were the driver)


And please introduce spacing. Judges hate blocks of text which are unspaced.

Your full address and your vehicle registration mark should be enough according to their letter.