Free Traffic Legal Advice

Hello all,
I have received a Notice to Keeper (attached). The NTK states that the vehicle was parked without anyone having purchased a ticket within the time allowed.

On the day in question, the driver did purchase a ticket, but they stayed longer than the time paid for.

I sent an appeal to Excel's internal portal, explaining that as the keeper I am not responsible for the actions of the driver in this regard, that I have told the driver that Excel have been in touch and that Excel would like the driver to contact them, and that whether or not the driver did indeed contact Excel was up to the driver.

I will add an image of the signage on Tuesday.

Excel wrote back (attached) and now I am wondering what my next move is. My understanding is that we need to appeal to the company's internal appeals system, which will always reject, and then take it to an impartial third party.

Any help with this would be massively appreciated.

Please and thank you and love to all.




https://www.google.com/maps/place/The+Pennine+Retail+Park+Car+Park/@53.7205421,-1.8575525,3a,75y,167.85h,89.95t/data=!3m6!1e1!3m4!1shV-jSXjfGUcD2VYZDYS4mw!2e0!7i16384!8i8192!4m14!1m7!3m6!1s0x487bdd55b8251bc1:0xb313d30b9fc618a9!2sThe+Pennine+Retail+Park+Car+Park!8m2!3d53.7204355!4d-1.8573235!16s%2Fg%2F12hn_1m5j!3m5!1s0x487bdd55b8251bc1:0xb313d30b9fc618a9!8m2!3d53.7204355!4d-1.8573235!16s%2Fg%2F12hn_1m5j?authuser=0&coh=205409&entry=ttu&g_ep=EgoyMDI0MTAxNi4wIKXMDSoASAFQAw%3D%3D

I did try inserting these in my previous post, but for some reason they vanished

So, the NtK appears to be PoFA compliant. However, in their subsequent letter in response to whatever you put in your appeal (you still haven't told us exactly what you put in that appeal), they have provided 3 options.

You have complied with option 1. However, the letter from Excel does not supersede the original PCN. Under PoFA, the process still hinges on whether Excel has complied with the relevant sections of PoFA, especially those concerning keeper liability. Here's how the situation stands:

1. Liability of the Driver: The driver is always liable for the PCN. This has not changed, and Excel's letter does not affect this basic principle.

2. Keeper Liability under PoFA: As Excel has complied with the strict requirements of PoFA (e.g., issuing the NtK within the required timeline, using the correct wording, etc.), then they can hold  you, the keeper, liable if the driver's details are not provided. However, PoFA does not require you to ensure the driver gets in touch with Excel. Your obligation is simply to provide the driver’s details if they want to remove your own liability as the keeper.


3. Does the Letter Supersede the PCN?: The letter does not supersede the original PCN. It's essentially a response to the appeal, offering options for further steps. If you do not get in touch and provide the driver’s details, Excel will still attempt to hold you liable as the keeper under PoFA. The letter itself does not remove your liability unless the driver’s details are provided.

Conclusion:

Your liability under PoFA remains intact unless the driver’s details are provided to Excel. Complying with Option 1 (informing the driver) does not remove your liability, but it does fulfil the conditions Excel requested. If the driver decides not to get in touch with Excel and you do not provide the driver's details, Excel will still pursue you under PoFA. The letter does not eliminate your liability under the law.