Free Traffic Legal Advice

It’s not a “fine”, it’s an invoice for payment.

If you do not identify the driver in any way, it is too late to transfer liability to you, presumably the registered keeper.

Are you the registered keeper and is your V5C correct?

You can appeal, for example:

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

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They are not even attempting to rely on PoFA because they know they can’t. Waffling on about PoFA is irrelevant.

Because Pitsea station car park is part of the railway estate (operated by NCP on behalf of c2c/Network Rail), it falls under Railway Byelaws rather than being classified as “relevant land” under PoFA.

Use the following for the appeal as the Keeper only:

I am the registered keeper. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, NCP will be well aware that they cannot use the PoFA provisions because Pitsea station car park is not 'relevant land'.

If c2c or Network Rail wanted to hold owners or keepers liable under Railway Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because NCP is not the property owner and your 'parking charge' is not and never attempts to be a penalty. It is created for NCPs own profit (as opposed to a bylaws penalty that goes to the public purse) and NCP 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. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.