Hi All,
I am looking for a little assistance regarding an NTK I have received as the keeper of a vehicle dated December 24th, 2025.
I am not resident in the area and I was not the driver on the date in question.
Please find a link to a copy of the letter:
https://files.fm/u/jazqts337kI’ve found a similar case relating to this car park discussed on FTLA late last year .
https://www.ftla.uk/private-parking-tickets/pcn-appeal-help/msg99907/#msg99907Based on the advice in that thread, I’m intending to challenge the PCN as keeper on PoFA 2012 grounds using the wording quoted below.
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. Carflow 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. Carflow have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
I would greatly appreciate it if one of the regulars here on the forum could cast a quick glance over the letter and ensure that the wording of this initial challenge is still correct in the context of the letter I have received.
Many thanks in advance,
Rhyobit.