Free Traffic Legal Advice

Hi All,
Would it be possible to get help with this private parking charge notice please .
What's transpired is the drivers of the vehicle were using the entrance and exit of this car park as a way to avoid the speed bumps to get to Simply Gym which is located at the end of the retail park the driver never actually parked within this car park but would park in the designated parking for Simply Gym which has nothing to do with the retail park parking. The driver thinks it might be a case of double dip where the camera hasn't logged their exit and is 100 percent certain they have never parked in this car park and would have no reason to as simply gym has ample parking in the evening..I have taken pictures of the signs for the entrance to the car park and the notice to keeper that has been received. I will add the links for the pics
Thank you

The NtK is not strictly PoFA compliant as there is no "invitation", nor any synonym of the word, for the keeper to pay the charge.

Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms Act 2012 states that the notice must explicitly invite the keeper to pay the unpaid parking charges. The wording must clearly convey this invitation, and mere implication or indirect suggestions are insufficient.

Others more wise than myself will undoubtedly be along to point out any other fatal flaws contained in the invoice you've received.

Well I wouldn't put too much effort into it, they'll reject it regardless - entirely expected and not a setback in the least.

Something like:

I have your invoice.  I am the keeper of the vehicle and I dispute your "parking charge". I deny any liability or contractual agreement.

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.

Besides, other shortfalls, as an example, your NTK fails Paragraph 9(2)(e)(i) of Schedule 4 of the Protection of Freedoms Act 2012 insofar as it must explicitly invite the keeper to pay the unpaid parking charges. The wording must clearly convey this invitation, and mere implication or indirect suggestions are insufficient.

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. You have 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.

There are two options available you now - either cancel the invoice or provide me with a POPLA code.

With measured indifference,

FWIW, I had a quick look on Google Maps and it is immediately obvious how this could occur at this location.

In this case I would appeal on the double dip basis - as the keeper, and by saying the 'driver did'.  Words along the lines of not parked, just drove though to access Simply Gym, a proper check of your ANPR will show the car entering and leaving in quick succession twice.  If possible you could upload a map showing the route taken.

They might accept, but if they don't you can advance the double dip argument and add the POFA non compliance at the POPLA stage.

Make sure you do - just to manage expectations, you should expect your initial appeal and your appeal at POPLA to fail.

Don't get disheartened - these are just little hoops you have to jump through to reach the end goal (i.e not paying the invoice).