Free Traffic Legal Advice

Hello

Scans and screendumps of CCTV photos below. APlogies the parking charge number is obfuscated. Providing the parking charge number and reg seems unwise on a public forum, as someone could use it maliciously - file a BS invalid appeal and prevent me from doing so etc.

1. can they issue a PCN without showing a photo of the parking notice?
2. Charge notice mentions charge is for parking and also for not registering vehicle interchangably.
3. On google maps the street has a name, but the parking charge does not state a name. The CCTV footage was taken on a road named Culvert Drive I think, PCN makes no reference of that. https://maps.app.goo.gl/xiF5NvGNUke38Scg7
4. No privat parking gantry was passed which made it clear that entering the area would make you liable for parking. There are a few signs on culvert drive - the text size and location is only legible to pedestrians, not drivers who are driving along the road. 

Vehicle was used by driver to deliver parcels to block of flats, this area consists of multiple tower blocks - access controlled by 3 intercoms to each address. There were 5 parcels to 5 addresses on this estate.

There was no concierge or security to regiser vehicles. The public road was a very long walk away and not fesable to park on public roads and walk to delivery addresses.

There is no retained evidence of deliveries as amazon data retention policies prohibit holding of addresses and names of customers after shift is over. But amazon delivery app will confirm the delivery shifts, and the on demand activated/deactivated 3rd party courier insurance will also confirm when driver started and ended delivery shift.


Letters received so far:





Pay page



Fullscreen evidence

The PCN is not PoFA compliant and they have no idea who the driver was.

I would just send them an appeal as keeper stating that you are the keeper and that you deny liability.

Point out that their NtK is not PoFA compliant.

Point out that you understand that the vehicle driver was not parked but carrying out a series of deliveries - the law allows this.

Be careful never to reveal the driver.

They will probably reject the appeal.

We can then provide more support at the external appeal stage.

The PCN is not PoFA compliant and they have no idea who the driver was.

I would just send them an appeal as keeper stating that you are the keeper and that you deny liability.

Point out that their NtK is not PoFA compliant.

Point out that you understand that the vehicle driver was not parked but carrying out a series of deliveries - the law allows this.

Be careful never to reveal the driver.

They will probably reject the appeal.

We can then provide more support at the external appeal stage.

I wanted to add at the beginning.

The keeper does not intend to pay any extortionate parking charges unless required to do so by county court. Unless you are prepared to spend more money into postage and POPLA fees trying to extract money out of the keeper you should cancel this parking charge.

The vehicle was used by a driver (who is not the keeper) to make deliveries for an online retailer to 3 addresses.

[add the not compliant to POFA]

Additionally, the evidence supplied does not provide the photo of signage used to enforce the parking charge. No signage = no enforcement. Since you are using driving through a road to infer a contractual obligation, the signage needs to be legible to a driver whose driving on that road at 20mph.

Refer to Jopson v Homeguard

Delivery evidence will be provided at POPLA stage. As I am the keeper and not the driver. I need more time to collect the evidence from the driver.


[notice to ftla.uk ; vehicle is indeed registerd to someone who isn't the driver, so I am not lying here by declaring this to CPM]

They are IPC, so secondary appeal to IAS not POPLA.

Full body of what was sent. They might just see that they are not going to get a penny from me and just accept the appeal, to save costs for themselves. Should have added and court fees after IAS fees (para 2).

Dear Sir/Madam
I am appealing as the keeper and NOT the driver.

Myself (the keeper) does not intend to pay any extortionate parking charges unless required to do so by county court. Unless you are prepared to spend more money on letters and IAS fees, you should cancel this parking charge.

The vehicle was used by a driver (who is not the keeper) to make deliveries for an online retailer to 3 addresses. Refer to Jopson v Homeguard, this will be the defence in court and the judge will throw this case out.

I am the keeper of the vehicle and NOT the driver, 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. CPM 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. CPM have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.
You are invited to either cancel this charge or issue a IAS appeal code

Additionally, the evidence supplied does not provide the photo of signage used to enforce the parking charge. No signage = no enforcement. Since you are using driving through a road to infer a contractual obligation, the signage needs to be legible to a driver whose driving on that road at the speed limit which is 20mph.

Delivery evidence will be provided at IAS appeal stage. As I am the keeper and not the driver. I need more time to collect the evidence from the driver.

Quote from: RichardW on Yesterday at 02:40:58 pm

They are IPC, so secondary appeal to IAS not POPLA.

Thanks, are IAS actually independant?

Not in any way that you or I might interpret the word as meaning, no.