the Notice to Keeper (NtK) is not fully compliant with either PoFA or the PPSCoP and can be challenged on those two basis alone. You mention that ANPR has recently been introduced at this location. Is that within the last four months? If so, has additional signage been put up to inform drivers of this material change in terms and conditions?
Be aware that this is likely to go all the way to a court claim if you are prepared to fight it. The actual odds of it ever making it to a hearing is less than 1% with the most likely outcome being either a strike out or discontinuation.
The initial appeal will be rejected, no matter what but there is a slight chance that you can persuade POPLA that it has been issued incorrectly.
For now, as long as the
unknown drivers identity is not revealed, just deal with as follows... 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. Britannia 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. Britannia have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
