Free Traffic Legal Advice

Un-redact ALL dates and times on the Notice to Keeper (NtK) you’ve shown us.

The NtK is not fully compliant with all the requirements of PoFA anyway and there are PPSCoP breaches also.

For now, deal with as follows... 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:

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

So I got my reply today surprise surprise they rejected it!

Thank you for your appeal against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;

 

Whilst we note your comments and reason for appeal, we can confirm that the maximum stay period within this car park is 1 hour and 30 minutes. As your vehicle was on site for 1 hour and 45 minutes, this was an overstay of 15 minutes. The signage on site clearly sets out the terms and conditions of parking, including the maximum stay period. There are no exceptions to these terms and we can therefore confirm that this PCN has been issued correctly.

 

You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:

Sorry I thought I'd posted it.

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It was the 2nd of march, they sent it within 7 days I appealed like I was told and got that reply today.

Hi I am really struggling with where to even start with a popla appeal any help would be appreciated 

So I have appealed via popla and as predicted I'm getting nowhere, MET have attached the documents regarding the contract they have with McDonalds and they have said they believe no more than a 5 minute overstay to be acceptable.
My reply is due by Wednesday could anybody advise me on how to proceed please.

I was asking for help but nobody replied so I appealed stating,

1. Keeper Cannot Be Held Liable – PoFA Non-Compliance

2. No Proof of Driver Identity

3. Unlawful and Unenforceable Claim Regarding “Occupants”

4. Demand for Strict Proof of Landowner Authority

They came back with proof they have a contract with the land owner but didn't address my other complaints.