How long have you been on this forum? I will fine you £20 each time you refer to a Parking Charge Notice (PCN) as a "fine'! As part of the deal, I will give you £100 for each occurrence of the word "fine" you can find on the Notice to Keeper (NtK).
This will go through the motions of appeal, rejection, POPLA appeal, rejection, debt recovery letters, Letter of Claim (LoC), claim, defence, DQ, mediation call, allocation, directions and eventual discontinuance. Just follow the advice and don't deviate from it or try to overthink it.
Step 1, initial appeal with the following, only as the Keeper:
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. ECP 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. ECP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
When that is rejected, you can submit what you like to POPLA but they will reject your appeal. Don't worry though. It is going to cost ECP about £5 to have the appeal assessed. It is just not worth putting too much effort into a POPLA appeal for this case. Let ti go through the process and in about 9 months to a year, it will all be over when they discontinue.
