Free Traffic Legal Advice

Is that Notice to Keeper (NtK) addressed to you as the Keeper? If it was a hired/leased vehicle, you were never the Keeper. They would have issued the original NtK to the Hire/Lease company. They would then have sent a copy of the here/lease agreement signed by you and then Gemini would have had to issue a new Notice to Hirer (NtH) in your name.

So, is it addressed to you, in your name? Can you confirm that you were never the registered keeper of that vehicle?

The NtK 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 Keeper/Hirer.

The notice is addressed to you as driver, so the POFA / Hirer arguments are not relevant.  Presumably the lender has identified you as the driver?  But do they actually know that.... was anyone else authorised to use it?

So I assume pofa schedule 4 re keeper/hirer is not liable nor will I be disclosing the driver is the route to take for appeal?:

“This notice is not compliant with Schedule 4 of the Protection of Freedoms Act 2012 as it was issued well outside the statutory relevant period. I was not the driver and there is no keeper liability. Please cancel the charge”

I’m pretty surprised that it’s deemed acceptable to issue a PCN over 3 years after the incident occurred.
How would it be possible to evidence further. arguments like clear signage was on site at the time, etc if it were to go to POPLA?

Thanks

Thanks
I’ll send my response through their appeal page

2nd sentence of 'Useful information' on page 2 - 'As you have been named as the driver, we invite you, the named driver, to pay this PCN, or provide us with the name and current address of the driver'

So the keeper (or someone up the line) appears to have named the OP as the driver, but can they actually know that?

OP, pl stop assuming, joining up dots and reading into docs what they are not. Let's just stick with facts and procedure.

1. It is not a Notice to Keeper. Apart from anything else, it doesn't say it is.

2. Read what it says, which is that 'You have been named as the driver of the vehicle'. It also states that 'they[the Driver and Vehicle Licensing Agency] have provided the details overleaf[presumably those of the addressee as no others are mentioned]as those of the registered keeper..'.

3. Its title is 'Parking Charge Notice', but given that the only relevance of this term is within the Single Code of Practice(non-regulatory) and Schedule 4 to the Protection of Freedoms Act 2012(statutory) and that the so-called PCN fails to meet the minimum standards under either, then it has no statutory effect or relevance under the Code.

I suggest you do not treat it other than it deserves which is to deal with it relevant section by relevant section and do NOT start with the presumption that it is a Notice to Keeper.

Dear Sir,
Your Notice headed Parking Charge Notice dated 8 October 2025

I refer to the above which was received by me on ****, approx. 4 years and 6 months after the events to which it refers i.e. an alleged 'contravention' by the driver at the time in June 2022 and your claim that they owe you £100.

The notice further states that 'As you have been named as the driver, you are invited to pay the charge' and then, rather confusingly, goes on to say that the DVLA have provided the 'details overleaf', presumably those of the addressee, those details being held by them on their list of 'registered keepers'.

So, although you say that you are writing to me as the driver, because someone has named me as such, nonetheless you are using DVLA data. I'm certain that the nonsense of these conflicting statements is not lost on you.

In any event, I will not be accepting your invitation to pay and would instead invite you to not send me any further correspondence other than to acknowledge receipt of this letter.

And to answer B789’s point, at no time was the driver disclosed by the hirer. The notice was addressed to me as driver presumably because the hire company provided my name a contact.