Is that Notice to Keeper (NtK) addressed to you or is it a copy of the one sent to the hire/lease company? It is very important to make the distinction. If the hire/lease company has transferred liability as instructed on the NtK, then ECP has to send you a Notice to Hirer (NtH) in your name.
If it is not addressed to you, you cannot do anything and you need to check with the hire/lease company that they have transferred liability to you, the Hirer as required by PoFA if they want to absolve themselves of any liability.
Otherwise, if it is addressed to the hirer, follow these instructions:
Easy one to defeat... as long as the
unknown drivers identity is not revealed. There is no legal obligation on the
known hirer (the recipient of the Notice to Hirer (NtH)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtH 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 Hirer.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the Hirer 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 Hirer (NtHK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Hirer 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. ECP has relied on contract law allegations of breach against the driver only.
The Hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtH can only hold the driver liable. ECP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
