Free Traffic Legal Advice

Off to POPLA it is... I can help draft something but to do so, could you please re-upload the original notices you put up with Imgur? (Sorry I know it's a faff, we didn't anticipate Imgur shutting off UK access)

I'd submit this single point POPLA appeal:

POPLA Verification Code: [POPLA code]
Operator: ANPR365
PCN: [reference]
Site: Lacon Arms Car Park, Hemsby, Sea View Road, Great Yarmouth
Date of alleged contravention: 14/08/2025
Date of Notice to Keeper (NtK): 23/09/2025

I am the registered keeper. I am under no legal obligation to identify the driver to an unregulated private parking firm and I decline to do so.

Single ground of appeal: NtK not “given” within the relevant period under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)

This was a postal NtK with no Notice to Driver on the vehicle. Therefore, PoFA Schedule 4 paragraph 9 applies. Paragraph 9(4) requires the NtK to be delivered to the keeper “within the relevant period.” Paragraph 9(5) defines the “relevant period” as 14 days beginning with the day after the specified period of parking. Paragraph 9(6) provides that a notice sent by post is to be presumed “given” on the second working day after posting.

The alleged contravention date was 14/08/2025. The relevant period therefore ran from 15/08/2025 to 28/08/2025 inclusive. The NtK is dated 23/09/2025 and, even giving ANPR365 the benefit of the postal presumption, would be deemed “given” on 25/09/2025 (two working days after posting). That is 28 days after the last day of the relevant period and 42 days after the alleged contravention. Accordingly, the NtK was not “given” within the relevant period and PoFA keeper liability cannot arise.

Driver not identified, so the keeper cannot be pursued
I am the keeper and I have not been identified as the driver. There can be no presumption or inference that the Keeper is the driver. This is confirmed in the persuasive appellate case law in VCS v Edward (2023) where the judge confirmed that without evidence, there can be no inference.

POPLA must allow the appeal on this single ground.

Legal references
PoFA 2012, Schedule 4, paragraphs 9(4), 9(5) and 9(6).

Do it online. Choose 'Other' for reason for appeal.

Hi all,

So the 2nd appeal was also rejected, they state it was issued correctly and for the reasons they maintained originally. Do i appeal to POPLA with the same template as above?

Original letter as below

https://postimg.cc/R3v6xsF8

Still waiting for POPLA to respond to the first appeal too.

Arent the date of alledged contravention and the date posted a little tight for that? From the above answers i can see the 14 days runs from day after the event, so 10th, for 14 days taking it to the 24th. It was sent on the 23rd and i know we recieved them on the 26th but do you think its still ok to use that as a defence?

Date of event: 9/9
Date of posting: 23/9
Deemed delivered: 25/9

The “deemed” delivery day, 2 business days after posting, is the important one. Yes, it actually arrived a day later, but for the purposes here this is not important.

Sprry, can i just check i have my dates correct:

The alleged contravention date was 09/09/2025. The relevant period therefore ran from 10/09/2025 to 23/09/2025 inclusive. The NtK is dated 23/09/2025 and, even giving ANPR365 the benefit of the postal presumption, would be deemed “given” on 25/09/2025 (two working days after posting). That is 2 days after the last day of the relevant period and 16 days after the alleged contravention.