Hello helpful people,
I as keeper of the said vehicle recieved the following PCN from Bridgepam by post:
Thereafter, I appealed as the keeper with the following text:
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.
The photos you have shared span over a duration of less than 2 minutes and visibly show that the vehicle's hazard lights flashing indicating it was a mere stop rather than parking. Less than 2 minutes is too less for the driver to be assumed to have agreed to the contractual terms displayed near by.
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.
Besides other shortfalls, as an example, your NTK fails to "state that the creditor does not know both the name of the driver and a current address for service for the driver" so it is not complaint with the Protection of Freedoms Act 2012, schedule 4, paragraph 9, clause 2(e).
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. BridgePam 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. You have no hope should you be so stupid as to try and litigate, so you are urged to save us both a complete waste of time and cancel the PCN.
They first sent me an email asking me to confirm the identity of the driver and following my refusal along above lines have reject my appeal as per below letter:
Venue signage:
Now I need to appeal this on POPLA, which likely gets rejected but I need some help in selecting correct option on the website (it is allowing to select multiple options and then it's trying to trick me to select sentences starting with "I.. " to imply driver identity possibly.
Please advise what options I should select here and what text I should use in my draft appeal to POPLA. Many thanks in advance as always
