It would help if you showed us the Notice to Keeper (NtK) you received. Please read this thread for details on how to use the forum:
READ THIS FIRST - Private Parking Charges Forum guideHowever, irrespective of what your alleged contravention is, as long as the driver is not identified, nothing can happen.
Easy one to defeat... as long as the
unknown drivers identity is not revealed. 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.
Colchester station car park is not "relevant land" for the purposes of PoFA. This 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 registered keeper. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, NCP will be well aware that they cannot use the PoFA provisions because Colchester station is not 'relevant land'.
If the Colchester station operator wanted to hold owners or keepers liable under Railway Bylaws, that would be within the operators's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because NCP is not the Station owner or operator and your 'parking charge' is not and never attempts to be a penalty. It is created for NCP's own profit (as opposed to a bylaws penalty that goes to the public purse) and NCP 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. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
