Free Traffic Legal Advice

Hello all,

I'm the registered keeper of the vehicle that has now received a PCN.

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Even though the PCN is dated 27 May, I received it on 3 June. 

Location is at 1 Purley Way, Drury Cres

I was interested in the PoFA 9(2)(e)(i) defence but I haven't found cases that have successed on appeal to POPLA b789 has described it very well in this post

Unfortunately, I don't live near Croydon so I can only rely on street maps (don't know if dash cam footage helps and if it's still available).  I have noticed that there are no signs in the section of the shop TK Maxx that I believe the driver visited.  There are far more signs in the vicinity of the other shop entrances so it is the chances of anyone just visiting TK Maxx seeing the parking limitation signs are small especially if one doesn't live in the area.  The driver only knew about this because of an overheard conversation on their way out.  The shop has refused to extend any support (in spite of the amount spent) and the staff are aware of these parking issues!  They tried to make payment once discovered but the store had no idea how to do this, the phone numbers were not manned and they couldn't use the app because of a dead battery.  They emailed on getting home offerring payment but got an automated response.

Also, does it make a difference if I can prove I was nowhere in that town as I am the registered keeper?  I therefore did not see who the driver was.

Photos of signs
https://imgur.com/a/SoMiQPQ
https://imgur.com/a/rai0WL0
https://imgur.com/a/MLpHIjf

Many thanks in advance for your help

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Yes, the PoFA 9(2)(e)(i) argument is valid but it isn't going to be of much use unless this ever got as far as a hearing in court (unlikely). However, you need to go through the motions until then and so you simply appeal, only as the Keeper, with the following:

I am the keeper 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 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. GroupNexus 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. GroupNexus have no hope should you try to litigate this matter, so you are urged to save us both a complete waste of time and cancel the PCN.

Come back when you receive the appeal rejection and we will provide an IAS appeal, which will also be rejected, but will cost them, and then we can advise on how you proceed after that.

Forgive my stupidity, but is the last date for the appeal within 14 days of the date of the notice or 14 days + 2 working days or 28 days from the notice date?  Is it better to reply by snail mail or online?  I assume they make this unclear so that they trap even more people!

Thanks in advance

Thanks very much @jfollows.  The statement of 28 days is in the paragraph talking about appealing by post so I just wanted to make sure doing it online was subject to the same deadline

I've just come across this statement at appealpcn.co.uk

Utilising The Protection of Freedoms Act 2012 when issuing PCNs is optional and we are not required to comply with it. Non-compliance with this legislation in no way affects our ability to issue PCNs and does not in any way affect the validity of the PCN you have received.

Does this conflict the POFA argument please?

Thanks!

I've just come across this statement at appealpcn.co.uk

Quote

Utilising The Protection of Freedoms Act 2012 when issuing PCNs is optional and we are not required to comply with it. Non-compliance with this legislation in no way affects our ability to issue PCNs and does not in any way affect the validity of the PCN you have received.

Does this conflict the POFA argument please?

Thanks!

No, it’s irrelevant.
The PCN might be “valid” but it still means the liability can’t be transferred from the driver to the registered keeper.

Phew!

Thank you so much @b789, @jfollows & @DWMB2 for your prompt replies and excellent points!

Quote

Dear Sir/Madam,

I acknowledge receipt of your email of

As previously stated, there will be no admission as to who was driving and no inference or assumptions can be drawn.

However, as requested, I have enclosed evidence of custom.

I look forward to receiving your confirmation of cancellation of the charge
Regards

You don't respond to formal letters with "Regards"... they're definitely not your chums. Here is a slightly edited version that clarifies that the evidence of 'custom' does not infer that the Keeper was the driver:

Dear Sir/Madam,

I acknowledge receipt of your correspondence.

As previously stated, there will be no admission as to the identity of the driver, and no assumptions or inferences should be drawn.

Nevertheless, in accordance with your request, I have enclosed evidence confirming that the vehicle was present at the site in connection with a customer visit. This evidence is being provided on behalf of the driver, whose identity remains unknown to you.

I now anticipate confirmation that the Parking Charge has been cancelled.

Yours faithfully,

[Name of Keeper]