Free Traffic Legal Advice

Good news, sort of, so you can now make an appeal to POPLA. You have a deadline of Tuesday 31st December to lodge your POPLA appeal. There is no need to rush it and they are taking at least 6-8 weeks to me an assessment at the moment so you postpone receiving a decision until around mid February 2025.

I suggest you start to cobble together what you think is an appeal to POPLA and show us so that we can then advise on any changes or improvements. Poor signage is a very powerful point to make. Also, failure to fully comply with PoFA is another as there is no mention of the period of parking as required by paragraph 9(2)(a) of PoFA. Throw in lack of authority to issue PCNs and but them to strict proof of a valid contract.

Continue to only appeal as the Registered Keeper (RK). They have no idea who the driver is and you are under no legal obligation to identify the driver to an unregulated private parking company.

If we put it together, PoFA paragraph 9(2)(a) states:

9 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2) The notice must—

(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

So, is there anything in the NtK you received that "specifies" the "period of parking"? You tell me.

Unless ALL the requirements of PoFA are fully complied with, then they cannot hold the Keeper liable. So, don't identify the driver.