There is very obvious attempts at obfuscation by using the APCOA/Park & Control names together. APCOA are a BPA AOS member and Park & Control are IPC AOS members. The sign shown has the IPC roundel at the bottom so address any appeal to Park & Control, not APCOA.
The NtK is not compliant with PoFA to hold the keeper liable. I suspect that is because it is council land which is under statutory control.
As long as the
unknown (to P&C) driver is not identified by the
known keeper, this is fairly easily dealt with. There is no legal obligation for the
known keeper to identify the
unknown driver and care should be taken in any appeal not to do so, inadvertently or otherwise.
Appeal with the following, verabtim:
I am the registered keeper. Park & Control (P&C) cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, P&C will be well aware that they cannot use the PoFA provisions because Golders Hill Car Park is not 'relevant land'.
If City of London wanted to hold owners or keepers liable under local 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 P&C is not the car park owner and your 'parking charge' is not and never attempts to be a penalty. It is created for P&C's own profit (as opposed to a byelaws penalty that goes to the public purse) and P&C 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. P&C have no hope should you try to take this alleged debt all the way to county court claim so you are urged to save us both a complete waste of time and cancel the PCN.
You should also complain to the landowner, City of London, as the registered keeper, and complain about their agent breaching their own Code of Practice and therefore issuing PCNs in breach of the KADOE contract which is also a GDPR breach of your personal data. Remind them that they are jointly and severally liable for the actions of their agents and you reserve the right to include them in any claim for breach of your GDPR.
As far as I am aware Councils cannot 'opt out' of the Traffic Management Act and operate off-street car parks '
as if they were private land' - i.e. under contract law. Letting a third party, unregulated private parking company operate it for them, using a non-approved ANPR device (banned for Local Authority off-street car parks) and operating under contract law at arms length is a serious breach. ANPR use for parking enforcement of off-street Local Authority car parks was banned as part of the Deregulation Act 2015.
Write to your MP explaining the above. Get your local newspaper and media interested in this abuse of the law by the City of London Authority.
Additionally, APCOA and P&C are two separate limited companies. There is probably much more nefariousness going on in the background here. This smacks of corruption and backhanders between a local authority and unregulated ex clamper vermin trying to cash in on the low-hanging fruit on the gullible tree.
