Please see the following POPLA appeal draft and suggest any amendments or additions to make. Thanks. Much appreciated.
Appeal Draft:
The appeal is based on the following grounds:
1. UKPC’s Notice to Keeper (NtK) Fails to Comply with the Protection of Freedoms Act 2012 (PoFA)
2. No Presumption That the Keeper Was the Driver.
____
1. UKPC’s Notice to Keeper (NtK) Fails to Comply with the Protection of Freedoms Act 2012 (PoFA)
• UKPC has not met the statutory requirements under Schedule 4, Paragraph 9(2)(a) of the Protection of Freedoms Act 2012 (PoFA).
• The NtK issued only states that the vehicle was observed at 19:23, which is a single moment in time, not a period of parking.
• Case law in Brennan v Premier Parking Solutions (2023) [H6DP632H] confirms that PoFA requires a defined period of parking, and a mere timestamp does not satisfy this requirement.
• Since UKPC has failed to comply with PoFA, Keeper liability does not apply, and they can only pursue the driver, whom they have not identified.
Accordingly, POPLA must rule that the PCN is unenforceable against the Keeper.
2. No Presumption That the Keeper Was the Driver
• UKPC has made no attempt to identify the driver and is attempting to hold the Registered Keeper liable without meeting PoFA compliance.
• In VCS v Edward (2023) [H0KF6C9CC], the court reaffirmed that there is no presumption in law that the Keeper was the driver.
• The Registered Keeper has exercised their right not to name the driver, and no adverse inference can be drawn.
As UKPC has not identified the driver, and the Keeper is not liable under PoFA, the PCN must be cancelled.
In conclusion, the PCN issued by UKPC is fundamentally flawed on legal and evidential grounds. The NtK fails to comply with PoFA due to the absence of a “period of parking,” making Keeper liability impossible. And there is no presumption that the Keeper was the driver, and UKPC has not identified the driver.
Given these significant deficiencies, I request that POPLA allow this appeal and cancel the PCN in its entirety.
Signed,
[Registered Keeper's Name]