Free Traffic Legal Advice

Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The location is not relevant land for the purposes of PoFA and Notice to Keeper (NtK) is not compliant with all the requirements of PoFA anyway, 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.

Use the following as your appeal. No need to embellish or remove anything from it:

I am the registered keeper. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, NCP will be well aware that they cannot use the PoFA provisions because Ockendon Station is not 'relevant land'.

If Network Rail wanted to hold owners or keepers liable under Railway Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because NCP is not the station owner and your 'parking charge' is not and never attempts to be a penalty. It is created for NCP's own profit (as opposed to a bylaws penalty that goes to the public purse) and NCP 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. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Thank you for your help! Received this email from NCP:

Thank you for your correspondence in relation to the above case.

We are writing to let you know that we have reviewed the circumstances of this case and have decided to accept your representation. The Parking Charge Notice (PCN) has been cancelled.

Please note that this decision is for this contravention only and should not be considered in relation to any PCNs, which may be issued in the future.

This case is now closed and no further action will be taken.

Best regards,

National Car Parks

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