Free Traffic Legal Advice

Quote from: Brenda_R2 on February 24, 2026, 01:47:55 pm

Some breaches of POFA could be argued to be technical in nature - omitting the invitation to the keeper to pay is not.....it's a mandatory element and if it's missing then the NTK is non-compliant and liability cannot be transferred from driver to keeper.

@Brenda_R2 unless you can quote an authority or binding precedent on this point, then that is still an opinion. I'm not saying I agree or disagree, but I'm saying we can't describe it as if it is established fact.

Apologies.

You’re absolutely right that there’s no binding appellate precedent on this specific POFA omission, and I’m not suggesting otherwise. My point is simply that POFA Schedule 4 sets out mandatory requirements, and paragraph 9(2)(e) is one of them.

If a Notice to Keeper doesn’t include a mandatory element, then by definition it doesn’t comply with POFA, and keeper liability cannot arise. That isn’t a controversial interpretation — it’s the standard way statutory “must include” provisions are read.

So I’m not claiming an established precedent, just applying the statute as written. I’m happy to phrase it as:

“In the absence of 9(2)(e), the NTK does not meet the statutory requirements of POFA, and therefore cannot create keeper liability — although there is no binding authority specifically on this omission.”

Unbelievable.

She admits that the mandatory wording isn't present but implies that a different warning subjectively satisfies the requirements - this is nonsense.

Given that appealing via POPLA is clearly nothing more than a box-ticking exercise, is the appellant in any way disadvantaged by simply not entering into the charade and waiting for the inevitable legal letters?

I'm struggling to see why the NTK is not POFA compliant.

Where's the invitation to the RK to pay the invoice?

That omission makes the NTK defective.

Sorry Ive just used a template ive had before no idea how else to approach this.

I dont have a link to the pcn it was a letter, thats just a link to the website of the parking charge people.

You need to scan the postal PCN you received if you want help.

I did chat to Aldi but they said they do not own or manage the car park and can't do anything

Unfortunately this is common.

These stores lease premises on land they don't own so can't intervene when this sort of thing happens.

You've made no effort.  Your first link goes to a blurred document.

Your second link goes to a series of very small documents orientated at 90 degrees.

Come on man, you have to do better than that if you want help.......if you can't put some basic effort into it at this stage then maybe you should just cough up?

If you want the best advice then post the PCN (both sides).

104 days from offence to NTK issue date?

That must be a record for incompetency